Beltran v. Children's Place Retail Stores, Inc.

Filing 21

ORDER Granting 20 Stipulation to Strike Certain Allegations in First Amended Complaint. Signed by Judge Claudia Wilken on 6/24/2011. (ndr, COURT STAFF) (Filed on 6/24/2011)

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HARRISON PATTERSON & O’CONNOR LLP
JAMES R. PATTERSON (211102) ([e-mail])
MATTHEW J. O’CONNOR (203334) ([e-mail])
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
MARIA ISABEL BELTRAN

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
MAZDA K. ANTIA (214963) ([e-mail])
JENNIFER M. FRENCH (265422) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MARIA ISABEL BELTRAN, an individual,
on behalf of herself and all others similarly
situated,

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Plaintiff,

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Case No. 11-cv-01664-CW
STIPULATION AND ORDER TO STRIKE
CERTAIN ALLEGATIONS IN FIRST
AMENDED COMPLAINT

v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation; and
DOES 1 through 50, inclusive,
Defendants.

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

CASE NO. 11-CV-01664-CW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC

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After meeting and conferring regarding (i) allegations relating to injunctive and

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declaratory relief, (ii) allegations relating to “damages” and “restitution and disgorgement,” and

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(iii) the jury demand asserted in the First Amended Complaint (“FAC”), plaintiff Maria Isabel

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Beltran and defendant The Children’s Place Retail Stores, Inc., by and through their respective

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counsel, hereby stipulate and agree that the following portions of the FAC should be stricken:

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Page 1, line 16 and generally: the words “[DEMAND FOR JURY TRIAL]” and
plaintiff’s demand for trial by jury generally;

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Page 6, line 20: third paragraph in the Prayer for Relief in its entirety;

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Page 6, lines 21-22: fourth paragraph in the Prayer for Relief in its entirety;

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Page 6, lines 23-24: fifth paragraph in the Prayer for Relief in its entirety; and

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Page 6, line 25: sixth paragraph in the Prayer for Relief in its entirety.

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IT IS SO STIPULATED.

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Dated: June 22, 2011

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HARRISON PATTERSON & O’CONNOR LLP
JAMES R. PATTERSON (211102)
MATTHEW J. O’CONNOR (203334)

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/s/ James R. Patterson
James R. Patterson

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Attorneys for Plaintiff
MARIA ISABEL BELTRAN

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Dated: June 22, 2011

COOLEY LLP
MICHELLE C. DOOLIN (179445)
MAZDA K. ANTIA (214963)
JENNIFER M. FRENCH (265422)
/s/ Jennifer M. French
Jennifer M. French
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES,
INC.

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

1.

CASE NO. 11-CV-01664-CW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation and [Proposed] Order to Strike Certain

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Allegations in the First Amended Complaint.

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Dated: June 22, 2011
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COOLEY LLP
MICHELLE C. DOOLIN (179445)
MAZDA K. ANTIA (214963)
JENNIFER M. FRENCH (265422)

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/s/ Jennifer M. French
Jennifer M. French
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES,
INC.

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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CASE NO. 11-CV-01664-CW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC

ORDER

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Having considered the stipulation filed by plaintiff Maria Isabel Beltran and defendant

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The Children’s Place Retail Stores, Inc., and good cause appearing, the following portions of the

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First Amended Complaint shall be stricken:

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Page 1, line 16 and generally: the words “[DEMAND FOR JURY TRIAL]” and
plaintiff’s demand for trial by jury generally;

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Page 6, line 20: third paragraph in the Prayer for Relief in its entirety;

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Page 6, lines 21-22: fourth paragraph in the Prayer for Relief in its entirety;

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Page 6, lines 23-24: fifth paragraph in the Prayer for Relief in its entirety; and

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Page 6, line 25: sixth paragraph in the Prayer for Relief in its entirety.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 6/24/2011
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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CASE NO. 11-CV-01664-CW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC