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Blair v. Rent-A-Center, Inc., 3:17-CV-02335-WHA. (2017)

Court: District Court, N.D. California Number: infdco20170710912
Filed: Jul. 07, 2017
Latest Update: Jul. 07, 2017
Summary: STIPULATION AND [PROPOSED] ORDER FOR (1) FILING OF SECOND AMENDED COMPLAINT AND (2) WITHDRAWAL OF DEFENDANTS' MOTION TO TRANSFER AND VACATUR OF HEARING WILLIAM ALSUP , District Judge . STIPULATION WHEREAS, on June 2, 2017, defendants Rent-A-Center, Inc. and Rent-A-Center West, Inc. ("Defendants") filed a Motion to Transfer Action to the Central District of California (Dkt. No. 20) ("Motion to Transfer"), which is currently set for hearing on July 13, 2017; WHEREAS, on July 5, 2017,
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STIPULATION AND [PROPOSED] ORDER FOR (1) FILING OF SECOND AMENDED COMPLAINT AND (2) WITHDRAWAL OF DEFENDANTS' MOTION TO TRANSFER AND VACATUR OF HEARING

STIPULATION

WHEREAS, on June 2, 2017, defendants Rent-A-Center, Inc. and Rent-A-Center West, Inc. ("Defendants") filed a Motion to Transfer Action to the Central District of California (Dkt. No. 20) ("Motion to Transfer"), which is currently set for hearing on July 13, 2017;

WHEREAS, on July 5, 2017, counsel for plaintiff Paula Blair ("Plaintiff") has notified counsel for defendants that Plaintiff intends to seek leave to file a Second Amended Complaint, which will add as named plaintiffs in this action Andrea Robinson and Falechia Harris, both of whom reside in the Northern District of California;

WHEREAS, the parties agree that the filing of the Second Amended Complaint will substantially moot the arguments made by Defendants in the Motion to Transfer; and

WHEREAS, in view of Plaintiff's intention to file the Second Amended Complaint, Defendants have given notice that they intend to withdraw the Motion to Transfer;

NOW, THEREFORE, through their respective counsel, Plaintiff and Defendants hereby stipulate and agree as follows:

1. Plaintiff should be granted leave to file a Second Amended Complaint in the form attached hereto as Exhibit A;

2. Defendants should be permitted to withdraw the pending Motion to Transfer;

3. In view of Defendants' withdrawal of the Motion to Transfer, the hearing scheduled for July 13, 2017 should be vacated; and

4. In view of Defendants' withdrawal of the Motion to Transfer, the depositions of Dashon Lee and Lester Mills, currently scheduled for July 7, 2017 pursuant to the Order Re Pending Motion to Transfer (Dkt. No. 39), should be taken off calendar.

IT IS SO STIPULATED.

ORDER

Having reviewed and considered the foregoing Stipulation, and finding good cause,

IT IS HEREBY ORDERED that:

1. Plaintiff's request for leave to file the Second Amended Complaint is GRANTED. Plaintiff shall file the Second Amended Complaint within three (3) court days of the entry of this Order.

2. Defendants' request to withdraw the pending Motion to Transfer is GRANTED.

3. The hearing on the Motion to Transfer, scheduled for July 13, 2017, is VACATED.

4. In view of Defendants' withdrawal of the Motion to Transfer, the depositions of Dashon Lee and Lester Mills shall be taken off calendar.

IT IS SO ORDERED.

Source:  Leagle

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