STIPULATION AND PROPOSED ORDER ALLOWING FILING OF SECOND AMENDED COMPLAINT

HAYWOOD S. GILLIAM, JR., District Judge.

Plaintiff LINDA KUHN, Defendant ULTA BEAUTY, INC. ("Ulta Beauty"), L'Oréal USA S/D, Inc., and Defendant Matrix Essentials, LLC (erroneously sued as Matrix Essentials, Inc.) ("Matrix") by and through their undersigned counsel, pursuant to FRCP 15(a)(2) and Civil Local Rule 7-1(a)(5) and 7-12, agree and stipulate as follows:

Plaintiff filed her first amended complaint (the "FAC") in Superior Court of the State of California, County of San Francisco, Case No. CGC-19-575175, on May 3, 2019. Plaintiff contends that it served Ulta Beauty on May 7, 2019. Defendants L'Oreal USA S/D, Inc. and Matrix Essentials, Inc. removed this action to this Court on July 12, 2019. (Doc. 1).

Ulta Beauty, Inc. disputes that it is a proper party to this matter, disputes that it was served properly, and instead asserts that the proper party should be Ulta Salon, Cosmetics and Fragrance, Inc. To resolve this dispute, Plaintiff and Ulta Beauty have agreed that Plaintiff will move to amend the FAC so she can dismiss Ulta Beauty without prejudice and add Ulta Salon, Cosmetics & Fragrance, Inc. as a defendant to this action.

Defendant Matrix Essentials, Inc. asserts that its proper name is Matrix Essentials, LLC. To resolve this dispute, Plaintiff and Matrix Essentials, LLC have agreed that Plaintiff will move to amend the FAC so she can rename the proper defendant as Matrix Essentials, LLC.

The parties have agreed and stipulated that the FAC can be amended to name as defendant Ulta Salon, Cosmetics and Fragrance, Inc., and Matrix Essentials, LLC, and dismiss without prejudice Ulta Beauty, Inc.

IT IS SO AGREED AND STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED