Wilson v. Best Buy Co., Inc.
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 6/2/11 ORDERING Plaintiff leave to file Second Amended Complaint; Defendant shall have 15 days after the filing to file a responsive pleading. (Meuleman, A)
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REBECCA EISEN, SBN 096129
STEPHEN L. TAEUSCH, SBN 247708
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: 415.442.1000
Fax: 415.442.1001
reisen@morganlewis.com
staeusch@morganlewis.com
JENNIFER WHITE, SBN 166504
MORGAN, LEWIS & BOCKIUS LLP
5 Park Plaza, Suite 1750
Irvine, CA 92614
Tel: 949.399.7000
Fax: 949.399.7001
jennifer.white@morganlewis.com
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Attorneys for Defendants BEST BUY COMPANY, INC.
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R. REX PARRIS, SBN 96567
ALEXANDER R. WHEELER, SBN 239541
DOUGLAS HAN, SBN 232858
JASON P. FOWLER, SBN 239426
R. REX PARRIS LAW FIRM
42220 10th Street West, Suite 109, Lancaster, CA 93534
Tel: 661.949.2595
Fax: 661.949.7524
rrparris@rrexparris.com; dhan@rrexparris.com
jfowler@rrexparris.com; awheeler@rrexparris.com
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Attorneys for Plaintiff PATRICK WILSON
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PATRICK WILSON, individually and on
behalf of all other members of the general
public similarly situated, and as aggrieved
employees pursuant to the Private
Attorneys General Act (PAGA),
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Plaintiff,
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Case No. 2:10-CV-03136-GEB-KJN
STIPULATION AND [PROPOSED] ORDER
RE: SECOND AMENDED COMPLAINT
SUBSTITUTING BEST BUY STORES, L.P.
FOR BEST BUY COMPANY, INC. AS NAMED
DEFENDANT
vs.
BEST BUY COMPANY, INC., a
Minnesota Company; and DOES 1 through
100, inclusive,
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Complaint Filed:
Trial Date:
October 13, 2010
TBD
Defendants.
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO
DB2/22465515.1
STIPULATION RE: SECOND AMENDED
COMPLAINT
Case No. 2:10−CV−03136−GEB−KJN
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STIPULATION
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Pursuant to Civil Local Rule 143 of the Eastern District of California, Defendant Best Buy
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Co., Inc. (“Defendant” or “Best Buy”) and Plaintiff Patrick Wilson (“Plaintiff”) (together the
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“Parties”), by and through their respective counsel, stipulate as follows:
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WHEREAS, on or about October 13, 2010, Plaintiff filed his Complaint in the Superior
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Court of the State of California for the County of Sacramento, naming Best Buy Company, Inc. as
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the defendant;
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WHEREAS, on November 19, 2010, Defendant filed a Notice of Removal pursuant to 28
U.S.C. Section 1332(d), 28 U.S.C. Section 1441, 28 U.S.C. Section 1446 and 28 U.S.C. Section
1453;
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WHEREAS, Plaintiff filed a First Amended Complaint on February 28, 2011, which also
named Best Buy Company, Inc. as the defendant;
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WHEREAS, Defendant filed its Answer to the First Amended Complaint on March 10,
2011;
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WHEREAS, Best Buy Company, Inc. was not the entity that employed Plaintiff, nor has it
employed any members of the putative class defined in the First Amended Complaint;
WHEREAS, Best Buy Stores, L.P. was Plaintiff’s and the putative class members’
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employer;
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WHEREAS, to avoid unnecessary confusion regarding the identity of the Defendant in
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this matter, counsel for Plaintiff has offered to file a Second Amended Complaint, in which Best
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Buy Stores, L.P. is substituted for Best Buy Company, Inc. as the named defendant; and
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WHEREAS pursuant to Federal Rule of Civil Procedure, Rule 15(a)(2), a party may
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amend its pleading by leave of court or by written consent of the opposing party, and leave shall
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be freely given when justice so requires;
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO
THEREFORE, IT IS HEREBY STIPULATED between the Parties, through their counsel,
that:
1.
Plaintiff shall file a Second Amended Complaint identical to the First Amended
Complaint, except that “Best Buy Stores, L.P.” shall be substituted for “Best Buy Company, Inc.”
DB2/22465515.1
1
STIPULATION RE: SECOND AMENDED
COMPLAINT
Case No. 2:10−CV−03136−GEB−KJN
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as the defendant;
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2.
Defendant shall have fifteen (15) days after the filing to file a responsive pleading;
3.
All references to “Best Buy Company, Inc.” and “Defendant” in written discovery
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and
served by Plaintiff to date shall be deemed to mean “Best Buy Stores, L.P.”
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Dated: May 27, 2011
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R. REX PARRIS LAW FIRM
By
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/s/ Douglas Han
(as authorized on May 26, 2011)
Douglas Han
Attorneys for Plaintiff
PATRICK WILSON
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Dated: May 27, 2011
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MORGAN, LEWIS & BOCKIUS LLP
By
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/s/ Stephen Taeusch
Rebecca Eisen
Stephen Taeusch
Attorneys for Defendant
BEST BUY CO., INC.
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ORDER
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The Court has reviewed the Parties’ Stipulation Re: Second Amended Complaint
Substituting Best Buy Stores, L.P. For Best Buy Company, Inc. as Named Defendant. Good
cause appearing, the Court ORDERS that Plaintiff shall have leave to file the Second Amended
Complaint and Defendant shall have fifteen (15) days after the filing to file a responsive pleading.
IT IS SO ORDERED.
Date: 6/2/2011
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_________________________
GARLAND E. BURRELL, JR.
United States District Judge
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M ORGAN , L EWIS &
B OCKI US LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO
DB2/22465515.1
2
STIPULATION RE: SECOND AMENDED
COMPLAINT
Case No. 2:10−CV−03136−GEB−KJN
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M ORGAN , L EWIS &
B OCKI US LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO
DB2/22465515.1
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STIPULATION RE: SECOND AMENDED
COMPLAINT
Case No. 2:10−CV−03136−GEB−KJN
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