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Earls v. Home Depot, Inc.

United States District Court, N.D. California, San Francisco Division

December 17, 2014

SHONNA EARLS and JOHN HOLT, SR., on behalf of themselves and all others similarly situated Plaintiffs,
v.
THE HOME DEPOT, INC. and HOME DEPOT U.S.A., INC., Defendants.

ERIC H. GIBBS, MATTHEW B. GEORGE, JENNIFER L. McINTOSH, GIRARD GIBBS LLP, San Francisco, California, Attorneys for Plaintiffs, SHONNA EARLS and JOHN HOLT, SR.

CHERYL A SABNIS, KING & SPALDING LLP, San Francisco, CA, Attorneys for Defendants THE HOME DEPOT, INC. and HOME DEPOT U.S.A., INC.

STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING DEFENDANTS' DEADLINE TO RESPOND TO COMPLAINT

RICHARD SEEBORG, District Judge.

WHEREAS, the above-captioned action is one of over forty putative class actions that have been filed in federal court in connection with a criminal intrusion into Home Depot's payment data system;

WHEREAS, on September 15, 2014, John Solak and Dennis O'Rourke-plaintiffs in Solak v. The Home Depot, Inc., No. 14-cv-02856-WSD (N.D.Ga.) (" Solak "), an earlier-filed putative class action, filed a Motion for Consolidation and Transfer Under 28 U.S.C. ยง 1407 with the Judicial Panel on Multi-District Litigation (the "MDL Panel");

WHEREAS, on September 19, 2014, the Solak plaintiffs filed an Amended Motion for Consolidation and Transfer with the MDL Panel, seeking to have ten other actions consolidated with the Solak case and transferred to the Northern District of Georgia;

WHEREAS, on September 26, 2014, the Solak plaintiffs filed a Notice of Related Actions with the MDL Panel that listed this action as a related action;

WHEREAS, on October 21, 2014, the Court entered a stipulated order extending Defendants' deadline to respond to Plaintiffs' complaint in this case through and including December 19, 2014 in light of the pending motion for consolidation and transfer;

WHEREAS, on December 11, 2014, the MDL Panel granted the Solak plaintiffs' motion for consolidation and transfer and entered an order consolidating eleven putative class actions against Home Depot and transferring them to the Northern District of Georgia before Chief Judge Thomas W. Thrash, Jr.;

WHEREAS, on December 12, 2014, the MDL Panel entered a conditional transfer order transferring this case to the Northern District of Georgia (the "Conditional Transfer Order");

WHEREAS, under JPML Rule 7.1, the Conditional Transfer Order will become effective on December 19, 2014 if no opposition to the order is filed;

NOW THEREFORE, Plaintiffs and Defendants by and through their counsel of record, hereby stipulate and agree, subject to approval of the Court, that all proceedings in this case, including Defendants' obligation to respond to the complaint shall be stayed pending the resolution of any opposition to the Conditional Transfer Order, or in the event no opposition is filed, pending further order of the transferee court. Should the Conditional Transfer Order not take effect the parties will promptly notify this Court.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

All proceedings in this case, including Defendants' deadline to respond to the complaint, shall be stayed pending the resolution of any opposition to the Conditional Transfer Order, or in the event no opposition is filed, pending further order of the transferee court.


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