Opinion
Case No. 3:1 l-cv-00844-CRB
10-18-2011
MELISSA ARECHIGA, individually and on behalf of all others similarly situated, Plaintiff, v. TARGET CORPORATION, and DOES 1 through 50, inclusive, Defendant.
H. Tim Hoffman (SBN 049141) Arthur W. Lazear (SBN 083603) Chad A. Saunders (SBN 257810) HOFFMAN & LAZEAR Newman Strawbridge (SBN 171360) LAW OFFICE OF NEWMAN STRAWBRIDGE Attorneys for Plaintiff MELISSA ARECHIGA DAVID F. MCDOWELL (CA SBN 125806) MORRISON & FOERSTER LLP TIFFANY CHEUNG (CA SBN 211497) MORRISON & FOERSTER LLP Attorneys for Defendant TARGET CORPORATION
H. Tim Hoffman (SBN 049141)
Arthur W. Lazear (SBN 083603)
Chad A. Saunders (SBN 257810)
HOFFMAN & LAZEAR
Newman Strawbridge (SBN 171360)
LAW OFFICE OF NEWMAN
STRAWBRIDGE
Attorneys for Plaintiff
MELISSA ARECHIGA
DAVID F. MCDOWELL (CA SBN 125806)
MORRISON & FOERSTER LLP
TIFFANY CHEUNG (CA SBN 211497)
MORRISON & FOERSTER LLP
Attorneys for Defendant
TARGET CORPORATION
CLASS ACTION
STIPULATION FOR DISMISSAL WITH
PREJUDICE OF CLASS ACTION
COMPLAINT AND FOR WAIVER OF
FEES AND COSTS BY PLAINTIFF AND
DEFENDANT
Trial Date: Not Set
TO THE HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
WHEREAS, plaintiff Melissa Arechiga ("Plaintiff) filed a complaint on February 23, 2011, alleging violations of California's Song-Beverly Credit Card Act (the "Action") against defendant Target Corp. ("Defendant," and with Plaintiff, the "Stipulating Parties"); and
WHEREAS, the Stipulating Parties have exchanged extensive informal discovery during the past several months, including Plaintiffs relevant credit card statements, Defendant's relevant policy and procedure documents, records of Plaintiff s relevant purchase transactions with Defendant, and declarations by one of Defendant's employees knowledgeable about the issues relevant to the Action; and
WHEREAS, Plaintiff believes that, if true, the information provided by Defendant thus far would likely defeat her claims asserted in the Complaint and that the costs of continuing to litigate this case are now higher than her likelihood of success; and
WHEREAS, no consideration, either direct or indirect, has been given in exchange for the dismissal with prejudice of the Action; and
WHEREAS, the Stipulating Parties have agreed to each bear their own attorneys' fees and costs related to the Action and its dismissal.
NOW, THEREFORE, the Stipulating Parties hereby stipulate and request that the Court approve this stipulated voluntary dismissal and dismiss the Action, and all causes of action alleged therein, with prejudice, as to all Defendants and order the Stipulating Parties to bear their own attorneys' fees and costs.
IT IS SO STIPULATED.
HOFFMAN & LAZEAR
By ________________
Chad A. Saunders
Attorneys for Plaintiff Melissa Arechiga
MORRISON & FOERSTER LLP
By ____________
Tiffany Cheung
Attorneys for Defendant TARGET CORP.
[PROPOSED] ORDER
The Court, having reviewed the above stipulation of the Stipulating Parties, HEREBY ORDERS THAT:
1. The action filed by plaintiff Melissa Arechiga entitled Arechiga v. Target Corporation, Case No. 3:1 l-cv-00844-CRB (the "Action"), is hereby voluntarily dismissed, with prejudice, in its entirety, including all causes of action therein, as to all defendants; and
2. The Stipulating Parties are to bear their own attorneys' fees and costs in connection with the Action and its dismissal.
IT IS SO ORDERED.
Hon. Charles R. Breyer
United States Distrct Judge