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Sylvia anderson, An Individual; On Behalf of v. Office Depot

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


September 6, 2011

SYLVIA ANDERSON, AN INDIVIDUAL; ON BEHALF OF
HERSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
OFFICE DEPOT, INC., A DELAWARE AND DOES 1 THROUGH 50 INCLUSIVE, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Saundra Brown Armstrong

Date: January 31, 2012 Time: 1:00 p.m. Ctrm: Corporation;

CLASS ACTION STIPULATED ORDER

On August 23, 2011, Plaintiff Sylvia Anderson and Defendant Office Depot, Inc. submitted a joint stipulated motion to transfer this action pursuant to 28 U.S.C. § 1404(a) and the first-filed doctrine to the United States District Court for the Southern District of California, where Eyad O.

Akel, an individual, on behalf of himself and all others similarly situated v. Office Depot, Inc., a Delaware corporation and Does 1 through 50, inclusive, Case No. 11-cv-0647 MMA (RRB), a 27 substantially similar case, is pending.

The parties aver that all of the prerequisites for transfer are satisfied; that transfer would allow this case to be consolidated with Akel, the first-filed case, which alleges similar facts and similar legal claims; and that transfer and consolidation would preserve judicial and party resources and would avoid potential conflicting rulings.

PURSUANT TO STIPULATION, IT IS SO ORDERED THAT:

1. This action is transferred to the United States District Court for the Southern District of California for all further proceedings.

2. The Clerk of the Court promptly shall take all reasonable and necessary action to transfer this case to the United States District Court for the Southern District of California.

IT IS SO ORDERED.

Hon. Saundra Brown Armstrong United States District Court Judge

20110906

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