Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: STIPULATION TO STAY ACTION; ORDER TROY L. NUNLEY , District Judge . Plaintiff Sherri Medeiros ("Plaintiff") and Defendant Ulta Salon, Cosmetics & Fragrance, Inc. ("Defendant") (collectively, the "Parties"), by and through their counsel of record, hereby stipulate and agree as follows: WHEREAS, on September 25, 2018 Plaintiff filed the Complaint in the Superior Court of California, County of Solano, Case No. FCS051572; WHEREAS, on November 9, 2018, 2018 Defendant removed this action to the
Summary: STIPULATION TO STAY ACTION; ORDER TROY L. NUNLEY , District Judge . Plaintiff Sherri Medeiros ("Plaintiff") and Defendant Ulta Salon, Cosmetics & Fragrance, Inc. ("Defendant") (collectively, the "Parties"), by and through their counsel of record, hereby stipulate and agree as follows: WHEREAS, on September 25, 2018 Plaintiff filed the Complaint in the Superior Court of California, County of Solano, Case No. FCS051572; WHEREAS, on November 9, 2018, 2018 Defendant removed this action to the ..
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STIPULATION TO STAY ACTION; ORDER
TROY L. NUNLEY, District Judge.
Plaintiff Sherri Medeiros ("Plaintiff") and Defendant Ulta Salon, Cosmetics & Fragrance, Inc. ("Defendant") (collectively, the "Parties"), by and through their counsel of record, hereby stipulate and agree as follows:
WHEREAS, on September 25, 2018 Plaintiff filed the Complaint in the Superior Court of California, County of Solano, Case No. FCS051572;
WHEREAS, on November 9, 2018, 2018 Defendant removed this action to the United States District Court, Eastern District of California, Case No. 2:18-cv-02947-TLN-AC;
WHEREAS, on August 20, 2019, Plaintiff entered into an agreement to become a named plaintiff in the matter Tellez v. Ulta Salon, Cosmetics & Fragrance, Inc. pending in the United States District Court, Southern District of California, Case No. 3:18-cv-02480-CAB-LL ("Tellez"), and to resolve her claims in the Tellez matter;
WHEREAS, on October 11, 2019, the Court in Tellez granted preliminary approval of the class action settlement;
WHEREAS, the Parties agree that the similarity of the claims, parties, and relief sought make it appropriate to stay the proceedings in the instant action pending an order granting or denying final approval of the Tellez class action settlement;
NOW THEREFORE, it is hereby stipulated and agreed, by and between the Parties, as follows:
(1) This action is hereby stayed pending an order granting or denying final approval of the Tellez class action settlement; and
(2) The Bainer Law Firm shall notify the Court within ten (10) days of service of any order from Judge Bencivengo denying or granting final approval of the Tellez class action settlement.
IT IS SO STIPULATED.
ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in the filing of this document has been obtained from the other signatory above.
DATED: November 20, 2019
/s/Blair A. Copple
BLAIR A. COPPLE
LITTLER MENDELSON, P.C.
Attorneys for Defendant
ULTA SALON, COSMETICS &
FRAGRANCE, INC.
ORDER
Upon considering the Parties' Stipulation to Stay, IT IS HEREBY ORDERED THAT:
(1) This action is hereby stayed pending an order granting or denying final approval of the Tellez class action settlement; and
(2) The Bainer Law Firm shall notify the Court within ten (10) days of service of any order from Judge Bencivengo denying or granting final approval of the Tellez class action settlement.
IT IS SO ORDERED.
