Tran v. H&M Hennes et al

Filing 19

ORDER GRANTING STIPULATION TO REMAND MATTER TO STATE COURT. The matter entitled Tran v. H & MHennes & Mauritz, L.P., Case No. No. C 12-00555 EJD is hereby remanded to the Superior Court for the State of California, County of Santa Clara. The Clerk sh all close this file. Motions terminated: 18 STIPULATION WITH PROPOSED ORDER For Order to Remand Matter to State Court filed by H& M Hennes & Mauritz, LP, 17 First MOTION to Remand filed by Suzanne Tran. Signed by Judge Edward J. Davila on 3/19/2012. (ecg, COURT STAFF) (Filed on 3/19/2012) Modified text on 3/19/2012 (ecg, COURT STAFF).

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MANATT, PHELPS & PHILLIPS, LLP
ROBERT H. PLATT (Bar No. CA 108533)
Email : [e-mail]
ANDREW L " - SATENBERG (Bar No. CA 174840)
-Email: asatenberv,@,Tanatt.com

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REID DAVI Bar No. CA 275164)
Email: redavis manatt.com
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile : (10) 312-4224
Attorneys or Defendant
H & M FffiNNE_S & MAURITZ, L.P.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUZANNE TRAN, individually and on
behalf of all person similarly situated,

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Plaintiff,
VS.

No. C 12-00555 EJD
STIPULATION FOR ORDER TO
REMAND MATTER TO STATE
COURT
[PROPOSED] ORDER

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H & M HENNES & MAURITZ, L.P.,
and DOES 1 through 100, inclusive,

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Defendants.

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TO THE HONORABLE EDWARD J. DAVILA, UNITED STATES
DISTRICT JUDGE:

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Defendant H & M HENNES & MAURITZ, L. P. ("Defendant") and Plaintiff

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SUZANNE TRAN ("Plaintiff'), by and through their counsel of record , submit the

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following Stipulation.
(1)

WHEREAS Based on what is known at this time before discovery has

been conducted , Plaintiff has represented that she presently intends to pursue claims
in this case that are limited to amounts allegedly recoverable as a result of situations
in which a non-exempt management employee could not take a meal period due to

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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAN
LDS ANGELES

STIPULATION AND [PROPOSED] ORDER

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being the only management employee on duty;
(2)

WHEREAS Plaintiff has represented that the proposed class definition

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for the new class will be : " All individuals who are currently employed , or formerly

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have been employed by Defendant as non-exempt store management employee in

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the positions of supervisor, department manager, assistant manager and/or store

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manager and v`.orked in Defendant ' s stores in the State of California , at any time

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within four years prior to the filing of the original complaint until resolution of this
action"; and
.(3)

WHEREAS Plaintiff has represented that, in her amended complaint,

she will state that she currently "believes that the total recovery in this action will
not exceed 5 Million" but this does not prevent Plaintiff from amending the
representation at a later date nor Defendant ' s right to revisit removal in the event of
any such amendment.
IT IS HEREBY STIPULATED by the Parties, through their counsel of
record, as follows:
The above- entitled matter shall be remanded to the Superior Court for the

MANATT, PHELPS &
PHILLIPS, LLP
ATTORmYs AT LAW
Los ANGELES

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STIPULATION AND [PROPOSED] ORDER

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State of California, County of Santa Clara.

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Dated:

March 15, 2012

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Respectfully submitted,
MANATT, PHELPS & PHILLIPS, LLP

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By:^
Andrew Sate erg
Attorneys for Defendant

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1;.

H & M HENNES & MAURITZ, L.P.

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Dated:

March 15, 2012

Respectfully submitted
RIGHETTI - GLUGO§KI P.C.

By.

XM GLUGO
Attorneys for Plar

SUZZANE TRAN

MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
LOS ANGELES

STIPULATION AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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The Court having read the foregoing Stipulation for Order to Remand Matter
to State Court, it is hereby ORDERED that,

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The matter entitled Tran v. H & MHennes & Mauritz, L.P., Case No. No. C

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12-00555 EJD is hereby remanded to the Superior Court for the State of California,

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County of Santa Clara.
The Clerk shall close this file.

Dated:

March192012
,
EDWARD J. DAVILA

UNITED STATES DISTRICT JUDGE

MANATT, PHELPS & II

PHILLIPS, LLP
ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION AND [PROPOSED] ORDER