.. .

1 JAMES S. MCNEILL (SBN 201663)

PETER Z. STOCKBURGER (SBN 265750)
2 MCKENNA LONG & ALDRIDGE LLP
4435 Eastgate Mall, Suite 400
3 San Diego, CA 92121
Telephone: (619) 595-5400
4 Facsimile: (619) 595-5450

5 Attorneys for Defendant

RADIOSHACK CORPORATION
6

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF ORANGE

10

11 MARK DRUMHELLER and MIKE CASE NO. 30-2011-00442763-CU-OE-CXC

TAHBAZ; individually; and on behalf of
12 all persons similarly situated, CLASS ACTION

13 Plaintiffs, NOTICE TO STATE COURT AND

ADVERSE PARTY OF REMOVAL TO
14 v. FEDERAL COURT

15 RADIOSHACK CORPORATION; and Judge: Hon. Ronald L. Bauer

Does 1 through 50, Complaint Filed: January 21,2011
16 Trial Date: None Set
Defendant.
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McKENNA LONG &
ALDRIDGE LLP
ATTORJ\lEYSATLAW NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL TO FEDERAL COURT
SAN DIEGO
 1 TO THE JUDGE AND CLERK OF THE ABOVE-ENTITLED COURT AND TO

2 PLAINTIFFS MARK DRUMHELLER AND MIKE TAHBAZ AND THEIR ATTORNEY

3 OF RECORD:

4 PLEASE TAKE NOTICE that on March 4, 2011 Defendant RadioShack Corporation

5 filed a Notice of Removal of this action in the United States District Court for the Central District

6 of California, Southern Division. A true and correct copy of said Notice of Removal is attached

7 to this Notice and is served and filed herewith:

8 Exhibit 1 Notice of Removal and its exhibits

9 Exhibit 2 Civil Cover Sheet

lO Exhibit 3 Declaration of Toss Hobbs in Support of Notice of Removal

11 Exhibit 4 Notice ofInterested Parties

12 Exhibit 5 Notice of Assignment to United States Magistrate Judge for Discovery

13 Pursuant to 28 U.S.C. § 1146(d), "the State court shall proceed no further unless and until

14 the case is remanded."

15
Dated: March 4,2011 MCKENNA LONG DRIDGELLP
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By:
18 ~J~i~~~~~-----------------

A orneys for Defendant

19 R dioSha k Corporation
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SD:22184589.1
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McKENNA LONG &
ALDRIDGE LLP
- 1-
ATTORNEYS AT LAW NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL TO FEDERAL COURT
SAN DIEGO
,
"
,
.

EXHIBIT 1
 I
2
3
4 ,,.,--.
f · •••

F ':
i'or, .
5 ,.-

6 Attorneys for Defendant

RADIOSfiACK CORPORATION
7
8 UNITED STATES DISTRICT CO;()RT
9 CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION
10
II MARK DRUMHELLER AND CASE NO. SJ\CVlI-00355 CJC (RNBx
MIKE TAHBAZ; individually; and
12 on behalf of all persons sImilarly [CLASS ACTION]
situated,
13 DEFENDANT:RADlOSHACK
Plaintiff, CORPORATI(!)N'S NOTICE OF
14 REMOVAL OJ!' ACTION UNDER
v. 28 U.S.C. !! 14$3 (CLASS ACTION
15 FAIRNESS ACT OF 2005);,
RADIOSHACK CORPORATION; DECLARAT~N OF TOSs A.
16 and Does 1 through 50, ~~tVltS ,PORT OF
17 Defendant.
18
19 TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL
20 DISTRICT OF CALIFORNIA AND TO PLAINTIFFS AND THEIR COUNSEL I
21 OF RECORD: I

22 PLEASE TAKE NOTICE that Defendant RADIOSHACK CORPORATION II

23 ("RadioS hack" or "Defendant") files this Notice of Removal pursuant to 28 U,S,c. I
24 sections 1441 and 1446, asserting original federal Jul'isdir.>.Hol1 under 28 U.S.C.
25 section 133Z(d)(Z), to effect the removal ofthe above-caplioned action, which was !

26 originally commenced in the Superior Court of the State of Califbrtlia in and tor the I
i
27 CO\mty of Orange. This Court has original jurisdiction over the action pursuant to I

28 the Class Action Fairness Act of2005 ("CAFA") for the following reasons:
M'i:.f(,('NNA LONe &
AI..DRIPGIi I,I.P PEFENDANT RAOIOSHACK CORPORATION's NOTICE OF MMOYAL OF ACTION lJNDER 29 U S.C. § 14~3 iCLAssACTION
,",TTQIINt:\'/I 1.1' L""....
~.\N Df~(jO
FAIRNESS ACT OF 'OOS); DECLARATION OfTO$$A. I{OBBS 1Il SU1'1>ORT OP R""IOYAL

90/Z0 39\fd \lN\I \flN\lS-SW\f 9L H-LP9-PU 8~ :0T H0~/p0iEO

 1 BACKGROUND
2 1. On or about January 21, 2011, plaintiffs MARK DRUMHELLER and
3 MIKE TAHBAZ ("Plaintiffs"), individually and on behalf of a class of others
4 similarly situated, filed a "Class Action Complaint" against Defendant in the
5 Superior Court of the State ofCalifornia, County of Orange, Case No. 30-2011-
6 00442763-CU-OE-CXC (the "Complaint").
7 2. The Complaint sets forth a number of allegations, including but not
8 limited to: (1) unlawful business practices in violation of California Business and
9 Professions Code Section 17200 et seq.; (2) failure to provide accurate itemized
10 wage statements in violation of Labor Code section 226; (3) failure to pay wages
11 when due in violation of Labor Code sections 201, 202 and 203; and (4) failure to
12 reimburse employees for the necessary expenses allegedly required by Defendant in
13 violation of California Labor Code sections 450 and 2802.
14 3. The Complaint seeks the following relief: (1) certification of the
15 alleged class as a class action pursuant to California Code of Civil Procedure
16 section 382; (2) injunctive relief; (3) an order requiring Defendant to "pay all sums
17 unlawfully withheld from the" class; (4) disgorgement of Defendant's "ill-gotten
18 gains" into a restitution fund for the "sums incidental" to Defendant's alleged
19 violations; (5) penalties in accordance with California Labor Code section 203; and
20 (6) the greater of all actual damages or Fifty Dollars ($50) for the initial pay period
21 in which an alleged violation occurred and One Hundred Dollars ($100) per each
22 member of the class for each violation in a subsequent period, not exceeding an
23 aggregate penalty of Four Thousand Dollars ($4,000), and award of costs for
24 violations of California Labor Code section 226.
25 4. The Complaint seeks to certity the following class:
26 [A]II non-exempt, hourly employees who currently work
27 or previously worked for [Defendantl as a Sales
RepresentatIve in a retail store in Canfornia during the
28 CLASS PERIOD .... The applicable "CLASS PERIOD" is
vfcKENNA LONG & - 2-
ALDRIDGE LLP
DEFENDANT RADIOSHACK CORPORATION'S NOTICE OF REMOVAL OF ACTION UNDER 28 U.S,C. § 1453 (CLASS ACTION
ATTORNEYS AT LAW
SAN DIBGO
FAIRNESS ACT OF 2005); DECLARATION OF TOSS A. HOBBS IN SUPPORT OF REMOVAL