Colleen Witmer v. Ixia et al

Filing 40

ORDER GRANTING STIPULATION OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a) by Judge Manuel L. Real: Upon Stipulation 39 , IT IS HEREBY ORDERED that the Action is dismissed, and all claims asserted therein are dismissed with prejudice as to Plaintiff only. All claims on behalf of the putative class are dismissed without prejudice. The Court retains jurisdiction of the Action solely for the purpose of determining Plaintiff's forthcoming Fee Application, if such Fee Application becomes necessary. See document for further details. ( Case Terminated. Made JS-6. ) (gk)

1 WEISSLAW LLP
Joel E. Elkins (SBN 256020)
2 [e-mail]
3 9107 Wilshire Blvd., Suite 450
Beverly Hills, CA 90210
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Plaintiff
6 Colleen Witmer
7
UNITED STATES DISTRICT COURT
8

JS-6

CENTRAL DISTRICT OF CALIFORNIA

9
10 COLLEEN WITMER, on Behalf of
Herself and All Other Similarly Situated,
11
Plaintiff,
12
v.
13
IXIA, ERROL GINSBERG, BETHANY
14 MAYER, LAURENT ASSCHER,
15 JONATHAN FRAM, GAIL
HAMILTON, ILAN DASKAL,
16 KEYSIGHT TECHNOLOGIES, INC.,
and KEYSIGHT ACQUISITION, INC.,
17
Defendants.
18
19

Case No. 2:17-cv-01483-R-AFM
Assigned To Hon. Manuel L. Real
ORDER GRANTING STIPULATION
OF DISMISSAL PURSUANT TO
FEDERAL RULE OF CIVIL
PROCEDURE 41(a)
Action Filed: February 23, 2017
Trial Date:
None Set

Having considered the Stipulation of Dismissal submitted by Plaintiff Colleen

20 Witmer and Defendants, and good cause appearing,
21

IT IS HEREBY ORDERED THAT:

22

1.

The Action is dismissed, and all claims asserted therein are dismissed

23 with prejudice as to Plaintiff only. All claims on behalf of the putative class are
24 dismissed without prejudice.
25

2.

Because the dismissal is with prejudice as to Plaintiff only, and not on

26 behalf of a putative class, notice of this dismissal is not required.
27
28

1

3.

The Court retains jurisdiction of the Action solely for the purpose of

2 determining Plaintiff’s forthcoming Fee Application, if such Fee Application
3 becomes necessary.
4

4.

This Order is entered without prejudice to any right, position, claim or

5 defense any party may assert with respect to the Fee Application, which includes the
6 Defendants’ right to oppose the Fee Application.
7

5.

To the extent that the parties are unable to reach an agreement

8 concerning the Fee Application, they may contact the Court regarding a schedule
9 and hearing to present such application to the Court.
10

6.

Upon completion of briefing, the parties shall promptly contact the

11 Court to schedule argument regarding Plaintiff’s Fee Application at a time
12 convenient to the Court.
13

7.

If the parties reach an agreement concerning the Fee Application, they

14 will notify the Court. Upon such notification, the Court will close the Action.
15

IT IS SO ORDERED.

16
17 Dated: _April 25, 2017_____________
18
19
20

Honorable Manuel L. Real
United States District Judge

21
22
23
24
25
26
27
28
2
[PROPOSED] ORDER