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HOLSTEIN v. SEARS HOLDINGS CORPORATION

Civil Action No. 2:14-21166.

MARTIN V. HOLSTEIN, individually and on behalf of those similarly situated, Plaintiff, v. SEARS HOLDINGS CORPORATION doing business as SEARS and SEARS, ROEBUCK AND CO. and KMART CORPORATION and KMART PHARMACY and SEARS and SEARS AUTO CENTER and SEARS HOME SERVICES and SEARS PROMOTIONS, LLC, Defendants.

United States District Court, S.D. West Virginia, Charleston.

September 9, 2014.

Attorney(s) appearing for the Case

Martin V. Holstein, Plaintiff, represented by Jonathan R. Marshall , BAILEY & GLASSER, Joy B. Mega , BAILESS LAW, Rodney Arthur Smith , BAILEY & GLASSER & Todd S. Bailess , BAILESS LAW.

Sears Holdings Corporation, Defendant, represented by David A. Hughes , JACKSON LEWIS, Eric W. Iskra , SPILMAN THOMAS & BATTLE & Justin Robert Barnes , JACKSON LEWIS.

Sears, Roebuck and Co., Defendant, represented by David A. Hughes , JACKSON LEWIS, Eric W. Iskra , SPILMAN THOMAS & BATTLE & Justin Robert Barnes , JACKSON LEWIS.

Kmart Corporation, Defendant, represented by David A. Hughes , JACKSON LEWIS, Eric W. Iskra , SPILMAN THOMAS & BATTLE & Justin Robert Barnes , JACKSON LEWIS.

Kmart Pharmacy, Defendant, represented by David A. Hughes , JACKSON LEWIS & Eric W. Iskra , SPILMAN THOMAS & BATTLE.

Sears, Defendant, represented by David A. Hughes , JACKSON LEWIS & Eric W. Iskra , SPILMAN THOMAS & BATTLE.

Sears Auto Center, Defendant, represented by David A. Hughes , JACKSON LEWIS & Eric W. Iskra , SPILMAN THOMAS & BATTLE.

Sears Home Services, Defendant, represented by David A. Hughes , JACKSON LEWIS & Eric W. Iskra , SPILMAN THOMAS & BATTLE.

Sears Promotions, LLC, Defendant, represented by David A. Hughes , JACKSON LEWIS & Eric W. Iskra , SPILMAN THOMAS & BATTLE.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, Jr., District Judge.

The court is in receipt of the parties' stipulation, filed August 25, 2014, wherein they have stated that the defendants do not oppose plaintiff's motion to remand, based on the representations contained in the motion. The court construes the references to the motion as including the plaintiff's supporting memorandum filed with the motion.

Plaintiff Holstein...

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