Haley et al v. Macy's, Inc. et al

Filing 107

ORDER by Judge Haywood S. Gilliam, Jr. Granting (106) Stipulation REGARDING DISMISSAL OF PLAINTIFF TODD BENSON AS A NAMED PLAINTIFF in case 4:15-cv-06033-HSG. The Clerk of the Court is instructed to close the case entitled Benson v. Macys Inc., etal., Case No. 4:16-cv-01252-HSG. (ndrS, COURT STAFF) (Filed on 4/9/2018)

1 Gordon M. Fauth, Jr. (SBN 190280)
Of Counsel
2 Rosanne L. Mah (SBN 242628)
3 Of Counsel
FINKELSTEIN THOMPSON LLP
4 100 Pine Street, Suite 1250
San Francisco, CA 94111
5 Telephone: [phone] (Direct)
Facsimile: [phone]
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STEPTOE & JOHNSON LLP
Stephanie A. Sheridan, SBN 135910
[e-mail]
Anthony J. Anscombe, SBN 135883
[e-mail]
Meegan B. Brooks, SBN 298570
[e-mail]
Steuart Tower, 1 Market St #1800
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

7 Attorneys for Plaintiff
Todd Benson
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[Additional counsel listed on signature page]
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Attorneys for Defendant
Macy’s West Stores, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIN HALEY, et al.

Case No.: 4:15-cv-06033-HSG

Plaintiffs,

(Consolidated with:
3:16-cv-01252-HSG,
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4:16-cv-02850-HSG, and
4:16-cv-03341-HSG)

vs.
MACY’S, INC., et al.

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
DISMISSAL OF PLAINTIFF TODD
BENSON AS A NAMED PLAINTIFF

Defendants.
This document relates to Case No.
3:16-cv-01252-HSG

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WHEREAS, Plaintiff Todd Benson filed his original complaint against Macy’s, Inc.,

21 Macy’s West Stores, Inc., and Bloomingdales, Inc. on March 14, 2016 in the case entitled,
22 Benson v. Macy’s Inc., et al., Case No. 3:16-cv-01252. Docket No. 1.
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WHEREAS, Plaintiff Todd Benson is named as one of the class representatives in the

24 Amended Consolidated Class Action Complaint for Violations of California’s Unfair
25 Competition Law, California’s False Advertising Law, and California’s Consumers Legal
26 Remedies Act, on July 28, 2017 in the case entitled, Haley v. Macy’s Inc., et al., Case No. 4:1527 cv-06033-HSG. Docket No. 57.
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO. 4:15-cv-06033-HSG

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WHEREAS, Defendant Macy’s, Inc. filed its Motions to Dismiss Plaintiffs’ Amended

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Consolidated Complaint For Lack of Standing and For Failure to State a Claim on September 1,

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2017. Docket Nos. 61 and 63.

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WHEREAS, on December 7, 2017, the Court heard oral argument on Defendant’s

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motions to dismiss; and on December 21, 2017, the Court issued its Order Granting In Part and

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Denying In Part Motion to Dismiss. Docket No. 91.

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WHEREAS, Plaintiffs have agreed to dismiss Todd Benson as a named plaintiff without

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prejudicing his right to participate in a class recovery, and each party bearing their own fees and

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costs.

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WHEREAS, THE PARTIES HEREBY STIPULATE AND AGREE as follows:

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(1)

That, pursuant to Federal Rule of Civil Procedure 41(b), the Court enter an order

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dismissing Plaintiff Todd Benson (“Benson”) as a named plaintiff. The dismissal is without

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prejudice as to Benson’s ability to participate in any proposed class action as a class member

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and/or to participate as a class member in this litigation and in any recovery obtained for the

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class in this litigation, and each party bearing their own fees and costs.

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(2)

That, the Court enter an order instructing the Court of the Clerk to close the case

entitled Benson v. Macy’s Inc., et al., Case No. 3:16-cv-01252.

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DATED: April 6, 2018

FINKELSTEIN THOMPSON LLP
By:

/s/ Gordon M. Fauth
Gordon M. Fauth, Jr. (SBN 190280)
Of Counsel
Rosanne L. Mah (SBN 242628)
Of Counsel
FINKELSTEIN THOMPSON LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone] (Direct)
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO. 4:15-cv-06033-HSG

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Rosemary M. Rivas (SBN 209147)
LEVI & KORSINSKY LLP
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone] (Direct)
Facsimile: [phone]
Email: [e-mail]

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DATED: April 6, 2018

STEPTOE & JOHNSON LLP
By:

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DATED: April 6, 2018

/s/ Stephanie Sheridan
Stephanie Sheridan (SBN 135910)
Anthony J. Anscombe (SBN 135883)
Meegan B. Brooks (SBN 298570)
Steuart Tower, 1 Market St #1800
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
MACY’S LAW DEPARTMENT

By:

/s/ Brian Parsons
Brian Parsons (SBN 318770)
11477 Olde Cabin Road, Suite 400
St. Louis, MO 63141
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
Macy’s West Stores, Inc.

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO. 4:15-cv-06033-HSG

[PROPOSED] ORDER

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Pursuant to the Parties’ stipulation, and pursuant to Federal Rule of Civil Procedure

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41(b), the Court orders the dismissal of Plaintiff Todd Benson (“Benson”) as a named plaintiff.

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The dismissal is without prejudice as to Benson’s ability to participate in any proposed class

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action as a class member and/or to participate as a class member in this litigation and in any

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recovery obtained for the class in this litigation, and each party bearing their own fees and costs.

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The Clerk of the Court is instructed to close the case entitled Benson v. Macy’s Inc., et
al., Case No. 3:16-cv-01252.
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IT IS SO ORDERED.

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Date:________________________
4/9/2018

_______________________________________
HONORABLE HAYWOOD S. GILLIAM, JR.

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
CASE NO. 4:15-cv-06033-HSG