Eric Clarke v. First Transit, Inc. et al

Filing 140

ORDER ON Stipulation to Dismiss Entire Action Without Prejudice 138 by Judge Gary A. Feess. NOW THEREFORE, it is hereby stipulated and agreed between the Plaintiff and Defendants, that the Class Action shall be dismissed without prejudice both as t o Plaintiff as an individual as well as to the class as a whole. Plaintiff and Defendants shall bear their own fees and costs in connection with the Class Action with the exception of such fees and costs as the Court may award Defendants in relation to Defendants' Motion for an Order Imposing Sanctions for Initiative Legal Groups Violations of the Courts May 6, 2011 Protective Order and Breaches of Ethical Obligations. (Made JS-6. Case Terminated.) (jp)

JS-6
1 LAW OFFICES OF MARK YABLONOVICH

Mark Yablonovich, Esq., SBN 186670

2 [e-mail]

Neda Roshanian, Esq., SBN 225337

3 [e-mail]

Michael Coats, Esq., SBN 258941

4 [e-mail]

1875 Century Park East, Suite 700

5 Los Angeles, California 90067-2508

Telephone: [phone] • Fax: [phone]

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Attorneys for Plaintiff Eric Clarke

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA—WESTERN DIVISION

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behalf of other members of the
12 general public similarly situated,
Plaintiff,

A N G E L E S

13

L O S

LAW OFFICES OF

M AR K YABL O NO VI C H

11 ERIC CLARKE, individually, and on

14

vs.

Case No.: CV 07-06476 GAF (MANx)
Assigned to the Hon. Gary A. Feess

ORDER ON

STIPULATION TO DISMISS
ENTIRE ACTION WITHOUT
PREJUDICE

15 FIRST TRANSIT, INC., a Delaware

corporation; FIRST TRANSIT

16 TRANSPORTATION LLC, a

Delaware limited liability company;

17 FIRSTGROUP AMERICA, INC., a

Florida corporation; FIRST

18 TRANSIT TRANSPORTATION, a

business entity form unknown;

19 FIRSTGROUP AMERICA

COMPANY, a business entity form

20 unknown; and DOES 1 through 10,

inclusive,

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Defendants.

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STIPULATION TO DISMISS ENTIRE ACTION WITHOUT PREJUDICE

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STIPULATION OF DISMISSAL WITHOUT PREJUDICE

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Plaintiff Eric Clarke (“Plaintiff”) and Defendants First Transit, Inc., First

4 Transit Transportation, LLC, First Group America, Inc, and First Transit
5 Transportation (formerly known as First Group America Company)
6 (“Defendants”), by and through their counsel of record, hereby stipulate and agree
7 as follows:
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WHEREAS, on August 13, 2007, Plaintiff filed a Class Action Complaint

9 in the Superior Court of Los Angeles, Case No. BC375810 (the “Class Action”);
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WHEREAS, on October 4, 2007, Defendants removed the Class Action to

11 the United States Federal Court for the Central District of California, Case No. CV
12 07-06476 GAF (MANx);
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WHEREAS, pursuant to FRCP 41(a)(1)(A)(ii), the Class Action may be

14 dismissed by stipulation of the parties without a Court Order.
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NOW THEREFORE, it is hereby stipulated and agreed between the Plaintiff

16 and Defendants that the Class Action shall be dismissed without prejudice both as to
17 Plaintiff as an individual as well as to the class as a whole. Plaintiff and Defendants
18 shall bear their own fees and costs in connection with the Class Action with the
19 exception of such fees and costs as the Court may award Defendants in relation to
20 Defendants’ Motion for an Order Imposing Sanctions for Initiative Legal Group’s
21 Violations of the Court’s May 6, 2011 Protective Order and Breaches of Ethical
22 Obligations.
23 //
24 //
25 //
26 //
27 //
28 //
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STIPULATION TO DISMISS ENTIRE ACTION WITHOUT PREJUDICE

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2 Dated: October 4, 2012

Law Offices of Mark Yablonovich

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By: /s/ Neda Roshanian
Mark Yablonovich
Neda Roshanian
Michael Coats

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Attorneys for Plaintiff Eric Clarke

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Dated: October 4, 2012

Littler Mendelson

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By: /s/ David Dow
David Dow

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October 13, 2012

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STIPULATION TO DISMISS ENTIRE ACTION WITHOUT PREJUDICE