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Nobles v. L'Oreal USA, Inc.

United States District Court, Ninth Circuit

September 10, 2013

AYANNA NOBLES, on behalf of herself and others similarly situated, Plaintiffs,
v.
L'ORÉAL USA, INC., a Delaware corporation; MAYBELLINE, LLC, a New York limited liability company dba MAYBELLINE, NEW YORK, Defendants.

Reginald Von Terrell, THE TERRELL LAW GROUP, Oakland, CA, Attorneys for Plaintiff AYANNA NOBLES, on behalf of herself and others similarly situated.

C. Brandon Wisoff, (SBN 121930), FARELLA BRAUN & MARTEL LLP, San Francisco, CA, Jeremy Feigelson, (admitted pro hac vice), Jeffrey S. Jacobson, (admitted pro hac vice), DEBEVOISE & PLIMPTON LLP, New York, NY, Frederick B. Warder, III (admitted pro hac vice) PATTERSON BELKNAP WEBB & TYLER LLP, New York, NY, Attorneys for Defendants L'ORÉAL USA, INC. and MAYBELLINE, LLC.

JOINT STIPULATION TO AMEND AND TRANSFER, AND ORDER

CHARLES R. BREYER, District Judge.

WHEREAS, Plaintiff Ayanna Nobles and Defendants L'Oreal USA, Inc. and Maybelline, LLC, a New York limited liability company d/b/a Maybelline, New York (collectively "Defendants") are presently named parties in the above captioned litigation; and

WHEREAS, on August 22, 2013, the Court ordered the parties to show cause why this action and the related action Orshansky v. L'Oreal USA, Inc., et al., Case No. 3:12-cv-06342, should or should not be transferred to the United States District Court for the Southern District of New York;

Now, therefore, Plaintiff Ayanna Nobles and Defendants, by and through their respective counsel of record, hereby stipulate as follows:

1. By September 16, 2013, Plaintiff and counsel for Liat Orshansky, plaintiff in the related action Orshansky v. L'Oreal USA, Inc., et al., Case No. 3:12-cv-06342, will file an amended complaint in this action, adding Ms. Orshansky as a plaintiff and omitting the currently-pleaded claims respecting the mascara products, Maybelline's Volum'Express The Falsies and L'Oreal Paris' Voluminous False Fiber Lashes, thus pleading claims only with respect to SuperStay 14HR Lipstick and SuperStay 10 Stain Gloss. Following that amendment, pursuant to 28 U.S.C. s. 1404(a), all parties consent to the transfer of this action to the United States District Court for the Southern District of New York, where an earlier-filed matter pertaining to the same products, Leebove v. Maybelline, LLC, No. 1:12-cv-07146 (S.D.N.Y.), is pending, and to which this action should be considered related upon transfer to the Southern District of New York. Plaintiff agrees that she will not oppose the consolidation of this action with the Leebove action once this action is transferred.

2. By September 16, 2013, Plaintiff and counsel for Liat Orshansky, shall file an amended complaint in Orshansky v. L'Oreal USA, Inc., et al., Case No. 3:12-cv-06342, adding Ms. Nobles as a plaintiff and omitting the currently-pleaded claims respecting Maybelline's SuperStay 14HR Lipstick and SuperStay 10 Stain Gloss, and thus pleading claims only with respect to the mascara products described above. Defendants do not object to Orshansky v. L'Oreal USA, Inc., et al., Case No. 3:12-cv-06342, as so amended, remaining venued in this District before this Court subject to the Court's discretion pursuant to 28 U.S.C. section 1404(a).

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED


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