Filed: Aug. 09, 2013
Latest Update: Aug. 09, 2013
Summary: STIPULATION AND [ PROPOSED ] ORDER FOR FILING OF PLAINTIFF'S FIRST AMENDED COMPLAINT RICHARD SEEBORG, District Judge. Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs Andrea Golloher, Marisa Freeman, Roberta Chase, Michael Shapiro, and Brenda Brown (collectively, "Plaintiffs") and Defendant Todd Christopher International, Inc. dba Vogue International ("Defendant") (collectively, the "Parties") hereby stipulate as follows: WHEREAS, the Parties have now reached an agreement
Summary: STIPULATION AND [ PROPOSED ] ORDER FOR FILING OF PLAINTIFF'S FIRST AMENDED COMPLAINT RICHARD SEEBORG, District Judge. Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs Andrea Golloher, Marisa Freeman, Roberta Chase, Michael Shapiro, and Brenda Brown (collectively, "Plaintiffs") and Defendant Todd Christopher International, Inc. dba Vogue International ("Defendant") (collectively, the "Parties") hereby stipulate as follows: WHEREAS, the Parties have now reached an agreement ..
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STIPULATION AND [ PROPOSED] ORDER FOR FILING OF PLAINTIFF'S FIRST AMENDED COMPLAINT
RICHARD SEEBORG, District Judge.
Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs Andrea Golloher, Marisa Freeman, Roberta Chase, Michael Shapiro, and Brenda Brown (collectively, "Plaintiffs") and Defendant Todd Christopher International, Inc. dba Vogue International ("Defendant") (collectively, the "Parties") hereby stipulate as follows:
WHEREAS, the Parties have now reached an agreement in principle as to the terms of a settlement agreement resolving this litigation;
WHEREAS, in furtherance of that settlement agreement in principle, Plaintiffs seek to file a First Amended Complaint to:
(1) add additional named Plaintiffs, as well as allegations regarding these persons' purchase of Defendant's products,
(2) re-allege their existing causes of action regarding alleged violations of state consumer protection and express warranty laws on behalf a putative nationwide class, and
(3) add a cause of action alleging violations of state unjust enrichment laws on behalf of a putative nationwide class; WHEREAS, the parties have met and conferred over Plaintiffs' desire to file a First
Amended Complaint;
WHEREAS, the Parties agree that, should the Court grant Plaintiffs leave to file such a First Amended Complaint, Defendant's deadline to file an answer or otherwise move with respect to such a First Amended Complaint shall be extended indefinitely and Defendant shall not be obligated to file an answer or otherwise move with respect to such a First Amended Complaint unless and until specifically ordered to do so by the Court, irrespective of any other deadlines or obligations that normally would apply under the Federal Rules of Civil Procedure;
WHEREAS, the Parties agree that this stipulation shall in no way constitute a waiver of, impair, prejudice or compromise any of the Defendant's rights, arguments, claims, remedies or defenses with respect to such a First Amended Complaint, and the allegations, claims, causes of action and demands therein;
WHEREAS, the Parties agree that Defendant expressly reserves all rights, arguments, claims, remedies or defenses it may have with respect to such a First Amended Complaint, and the allegations, claims, causes of action and demands therein;
WHEREAS, the Parties agree that Defendant's consent to Plaintiffs filing such a First Amended Complaint shall in no way be construed as an admission of any allegation, claim, cause of action or demand therein.
WHEREAS, subject to the stipulations and reservations of rights above, Defendant consents to Plaintiffs filing the First Amended Complaint;
THE PARTIES HEREBY STIPULATE AND REQUEST that, subject to and incorporating by reference the parties' above-referenced stipulations and reservations of rights, arguments, claims, remedies and defenses, the Court grant Plaintiffs leave to file their First Amended Complaint, a copy of which is attached hereto as Exhibit 1.
IT IS SO STIPULATED
IT IS SO ORDERED.
