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SMITH v. TOYS `R' US-DELAWARE, INC.

No. 1:13-cv-00254-AWI-JLT.

NAKIA SMITH and CINDA WHEELER, individually and on behalf of all others similarly situated, Plaintiffs, v. TOYS `R' US-DELAWARE, INC.; and DOES 1 through 100, inclusive, Defendants.

United States District Court, E.D. California.

August 6, 2013.

Attorney(s) appearing for the Case

Nakia Smith, Plaintiff, represented by Craig Justin Ackermann , Ackermann & Tilajef, PC, Michael Malk , Michael Malk, Esq., Apc & Nancy Villarreal , Jackson Lewis LLP.

Cinda Wheeler, Plaintiff, represented by Craig Justin Ackermann , Ackermann&Tilajef, Nancy Villarreal , Jackson Lewis LLP & Michael Malk , Michael Malk, Esq., Apc.

Toys 'R' Us-Delaware, Inc., Defendant, represented by Adam Yuda Siegel , Jackson Lewis LLP, Mia Farber , Jackson Lewis Llp & Nancy Villarreal , Jackson Lewis LLP.

ORDER RE: MOTION TO DISMISS, TRANSFER OR STAY THE PROCEEDINGS (Doc. 14)

ANTHONY W. ISHII, Senior District Judge.

I. INTRODUCTION

Defendant Toys `R' Us-Delaware, Inc. (hereinafter referred to as "Defendant") has filed a motion to dismiss, transfer or stay the proceedings in the alternative pursuant to the first-to-file rule. For reasons discussed below, the motion shall be denied.

II. FACTS AND PROCEDURAL BACKGROUND The Court...

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