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STEARNS v. SELECT COMFORT RETAIL CORP.

Case No. 08-2746 JF (PVT).

763 F.Supp.2d 1128 (2010)

Molly STEARNS, et al., Plaintiffs, v. SELECT COMFORT RETAIL CORPORATION, a Minnesota Corporation; Bed Bath & Beyond, Inc. a New York Corporation; and the Sleep Train, a California Corporation, Defendants.

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

July 21, 2010.

Attorney(s) appearing for the Case

Robert M. Gagliasso, Andrew Vinson Stearns, Bustamante O'Hara & Gagliasso, San Jose, CA, for Plaintiffs.

Dianne L. Sweeney, Vernon H. Granneman, Pillsbury Winthrop Shaw Pittman LLP, Palo Alto, CA, Andrew Scott Hansen, Heidi A.O. Fisher, Meghan M. Anzelc, Oppenheimer Wolff & Donnelly, Minneapolis, MN, Wendy L. Wilcox, Skane Wilcox LLP, Jennifer Hutcheson McCune, San Francisco, CA, for Defendants.

ORDER1 GRANTING DEFENDANTS' MOTIONS TO STRIKE AND DISMISS, AND DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE THEIR FOURTH AMENDED COMPLAINT

JEREMY FOGEL, District Judge.

I. BACKGROUND

A. Procedural history

On April 25, 2008, Plaintiff Molly Stearns ("Stearns"), a California resident, filed a complaint in the Santa Clara Superior Court alleging that she had found...

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