Marc L. Germain et al v. J.C. Penney Co., Inc. et al
| Ann Germain and Marc L. Germain |
| Levi Strauss & Co., Togram LLC, DOES and J.C. Penney Co., Inc. |
| 2:2009cv02847 |
| April 23, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Olguin |
| Snyder |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
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Filing
129
FINAL JUDGMENT AND ORDER OF DISMISSAL by Judge Christina A. Snyder: IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: The Court certifies, for settlement purposes only, the Class and Subclasses pursuant to Rule 23(b)(3) of the Federal Rules of C ivil Procedure. The Court appoints Plaintiffs Marc Germain, Ann Germain, and Raymond P. Caccioli to serve as representatives of the Class. The Court appoints counsel Daniel L. Germain of the law firm of Rosman & Germain LLP and David M. Cialkowski an d Brian C. Gudmundson of the law firm of Zimmerman Reed, PLLP to serve as counsel for the Class. The Litigation, as well as all Released Claims (including Unknown Claims) against all Released Parties, is hereby dismissed with prejudice. The Parties are to bear their own fees and costs in connection with the Litigation and the Settlement, except as otherwise provided in the Settlement Agreement. See document for details. (MD JS-6, Case Terminated). (gk)
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Filing
41
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: On 5/8/2009, Defendants Levi Strauss and J.C. Penney filed a motion to dismiss, motion for more definite statement and motion to strike 21 . On 5/8/2009, Togram, LLC filed a motion to dismiss 26 . After carefully considering the parties' arguments, the Court finds and concludes as follows: The Court hereby GRANTS defendants Levi Strauss and J.C. Penney's motion to dismiss plaintiffs' second, third, and fourth claim s. The Court further GRANTS defendants Levi Strauss and J.C. Penney's motion to strike paragraphs 31(a), 31(b), and 31(d) of the First Amended Complaint. The Court further DENIES defendants Levi Strauss and J.C. Penney's motion to dismiss p laintiff's first claim. The Court further GRANTS defendant Togram's motion to dismiss plaintiffs' second, third, and fourth claims. The Court further DENIES defendant Togram's motion to dismiss plaintiff's first claim. Plaintiffs shall have 30 days to file a second amended complaint. Court Reporter: Laura Elias. (gk)
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