Nemykina v. Old Navy LLC et al
Filing
46
STIPULATION AND ORDER granting Parties' 45 Stipulated Motion: All deadlines in this civil action which fall today or after today should be vacated. The Court orders the parties to submit a joint report regarding the status of the Settlement Agreement every four (4) months, and/or within 21 days of either (a) approval of the Settlement Agreement, or (b) disapproval of the Settlement Agreement that triggers the nullification provision of Paragraph 4.3. Signed by Judge Barbara J. Rothstein.(SR)
Case 2:19-cv-01958-BJR Document 46 Filed 02/17/21 Page 1 of 3
THE HONORABLE BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
ANNA NEMYKINA, for Herself, as a
Private Attorney General, and/or On Behalf
Of All Others Similarly Situated,
Plaintiff,
v.
OLD NAVY, LLC; OLD NAVY
(APPAREL), LLC; OLD NAVY
HOLDINGS, LLC; GPS SERVICES, INC.;
THE GAP, INC., and DOES 1-20, inclusive,
No. 2:19-cv-01958-BJR
STIPULATION AND
ORDER RE: SETTLEMENT
Defendants.
STIP. AND ORDER RE: SETTLEMENT. - 1
19-CV-01958-BJR
HATTIS & LUKACS
400 108th Avenue, Suite 500
Bellevue, WA 98004
425.233.8650 | FAX: 425.412.7171
www.hattislaw.com
Case 2:19-cv-01958-BJR Document 46 Filed 02/17/21 Page 2 of 3
Plaintiff Anna Nemykina (“Plaintiff”) and Defendants Old Navy, LLC, Old Navy
(Apparel), LLC, Old Navy Holdings, LLC, GPS Services, Inc., and The Gap, Inc. (collectively,
“Defendants”), through their respective counsel of record, hereby inform the Court as follows:
WHEREAS, on or about February 15, 2021, Plaintiff and Defendants executed a written
settlement agreement which would settle all of Plaintiff Nemykina’s individual claims and class
claims;
WHEREAS, the settlement agreement is a consolidated agreement which would settle
this civil action and also simultaneously settle three other civil actions brought against
Defendants alleging similar claims of advertising false discounts (which Defendants deny). Of
these three other civil actions, two are pending in the San Francisco Superior Court 1 and one
was pending in the U.S. District Court for the District of New Jersey; 2
WHEREAS, Plaintiff and Defendants will submit the Settlement Agreement to the San
Francisco Superior Court for its approval. If the San Francisco Superior Court approves the
Settlement Agreement, the settlement will resolve all of the individual and class claims alleged
by Plaintiff Nemykina and the plaintiffs in the three other actions; Plaintiff Nemykina would
file a voluntary dismissal of this civil action after the conclusion of proceedings in the
California state courts. If the San Francisco Superior Court does not approve the Settlement
Agreement, then, per Paragraph 4.3 of the Settlement Agreement, the agreement “shall be
deemed null and void ab initio and the Parties shall be deemed restored to their respective
positions status quo ante”;
NOW, THEREFORE, Plaintiff and Defendants STIPULATE and AGREE that:
1.
All deadlines in this civil action which fall today or after today should be
vacated.
1
Barba v. Old Navy, LLC, et al., Case No. CGC-19-581937 (S.F. Super. Ct.); Andrews v. Old
Navy, LLC, et al., Case No. CGC-19-580710 (S.F. Super. Ct.).
2
Tripicchio v. Old Navy, LLC, et al., Case No. 1:20-cv-1419 (D.N.J.).
STIP. AND ORDER RE: SETTLEMENT. - 2
19-CV-01958-BJR
HATTIS & LUKACS
400 108th Avenue, Suite 500
Bellevue, WA 98004
425.233.8650 | FAX: 425.412.7171
www.hattislaw.com
Case 2:19-cv-01958-BJR Document 46 Filed 02/17/21 Page 3 of 3
2.
The Court orders the parties to submit a joint report regarding the status of the
Settlement Agreement every four (4) months, and/or within 21 days of either (a) approval of
the Settlement Agreement, or (b) disapproval of the Settlement Agreement that triggers the
nullification provision of Paragraph 4.3.
DATED this 16th day of February, 2021.
HATTIS & LUKACS
CORR CRONIN LLP
/s Daniel Hattis
Daniel Hattis, WSBA No. 50428
dan@hattislaw.com
400 108th Avenue NE, Suite 500
Bellevue, WA 98004
Tel: 425.233.8650
Fax: 425.412.7171
Attorneys for Plaintiff
and the Proposed Class
/s/ Emily Harris
Emily Harris, WSBA No. 35763
eharris@corrcronin.com
1001 Fourth Avenue, Suite 3900
Seattle, WA 98154-1051
206-625-8600 Phone
206-625-0900 Fax
Attorneys for Defendants
DeNITTIS OSEFCHEN PRINCE, P.C.
/s Stephen P. DeNittis
Stephen DeNittis, (Admitted Pro Hac Vice)
sdenittis@denittislaw.com
525 Route 73 North, Suite 410
Marlton, New Jersey 08053
Tel: (856) 797-9951
Attorneys for Plaintiff
and the Proposed Class
MORGAN, LEWIS & BOCKIUS LLP
/s/ Joseph Duffy
Joseph Duffy (Admitted Pro Hac Vice)
joseph.duffy@morganlewis.com
Morgan, Lewis & Bockius LLP
300 South Grand Avenue, Twenty-Second
Floor
Los Angeles, CA 90071-3132
Tel: (213) 612-2500
Attorneys for Defendants
ORDER
IT IS SO ORDERED.
DATED this 17th day of February, 2021.
A
Barbara Jacobs Rothstein
U.S. District Court Judge
STIP. AND ORDER RE: SETTLEMENT. - 3
19-CV-01958-BJR
HATTIS & LUKACS
400 108th Avenue, Suite 500
Bellevue, WA 98004
425.233.8650 | FAX: 425.412.7171
www.hattislaw.com
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