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Ashley Chavez, An Individual; Amber Fox, An v. Sears Holdings Management Corporation

August 19, 2011

ASHLEY CHAVEZ, AN INDIVIDUAL; AMBER FOX, AN INDIVIDUAL; AND SHANNON GALLAGHER, AN INDIVIDUAL PLAINTIFF,
v.
SEARS HOLDINGS MANAGEMENT CORPORATION, A DELAWARE CORPORATION D/B/A KMART AND DOES 1 THROUGH 53, INCLUSIVE
DEFENDANT.



The opinion of the court was delivered by: Judge: Hon. Phyllis J.Hamilton

RE CHANGE IN CAPTION STIPULATION AND [PROPOSED] ORDER 20

Trial Date: Not Set

Whereas, on May 5, 2011, the court ordered the dismissal with prejudice of SEARSHOLDINGS MANAGEMENT CORPORATION as a party to this action pursuant to F.R.C.P 41(a)(1)(A)(ii), and based on the appearance of KMART CORPORATION as the proper defendant in this matter;

Now therefore, the parties hereby stipulate to amend the caption of this case by substituting "SEARS HOLDINGS MANAGEMENT CORPORATION" with "KMART CORPORATION," as 8 set forth in the form attached hereto as Exhibit A. 9 Respectfully submitted, this 15th day of August, 2011.

THE LAW OFFICE OF GARRY M. OGLETREE, DEAKINS, NASH, SMOAK & TETALMAN STEWART, P.C. By: /s/ Garry M. Tetalman By: /s/ Sarah Nichols Garry M. Tetalman Danielle Ochs-Tillotson Attorney for Plaintiffs Sarah R. Nichols ASHLEY CHAVEZ, AMBER FOX, Attorneys for Defendant and SHANNON GALLAGHER KMART CORPORATION [PROPOSED] ORDER

Pursuant to the Stipulation of the parties and FOR GOOD CAUSE showing, the above- captioned matter is hereby amended to substitute "SEARS HOLDINGS MANAGEMENT CORPORATION" with "KMART CORPORATION," as set forth in the form attached hereto as Exhibit A.

S DIST T RI A E T C O C S T T T I N IT IS SO ORDERED U.S. DISTRICTEDCOURT JUDGEU RU AI N N J. Hamilton O Judge Phyllis R O R I F E A R F C N DIS O TRICT T H L

I hereby attest that I have on file consent to the use of a "conformed" signature (/s/) by Plaintiffs' counsel for this e-filed document.

I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct.

Executed on August 15, 2011, at San Francisco, California. /s/ Sarah Nichols SARAH R. NICHOLS 10792941.

(OGLETREE)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No.11-cv-02152-PJH

ASHLEY CHAVEZ, an individual; AMBER FOX, an individual; and SHANNON GALLAGHER, an individual 15 Plaintiff, v. KMART CORPORATION, and DOES ...


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