Sunanda Krishna v. Ixia et al

Filing 17

ORDER GRANTING STIPULATION OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a) 16 by Judge Manuel L. Real. Having considered the Stipulation of Dismissal submitted by Plaintiff Sunanda Krishna and Defendants, and good cause appearing, IT IS HEREBY ORDERED THAT: 1. 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. 2. Because the dismissal is with pr ejudice as to Plaintiff only, and not on behalf of a putative class, notice of this dismissal is not required. 3. The Court retains jurisdiction of the Action solely for the purpose of determining Plaintiffs forthcoming Fee Application, if such Fee A pplication becomes necessary. 4. This Order is entered without prejudice to any right, position, claim or defense any party may assert with respect to the Fee Application, which includes the Defendants right to oppose the Fee Application. 5. To the extent that the parties are unable to reach an agreement concerning the Fee Application, they may contact the Court regarding a schedule and hearing to present such application to the Court. 6. Upon completion of briefing, the parties shall promptly contact the Court to schedule argument regarding Plaintiffs Fee Application at a time convenient to the Court. 7. This action is removed from the Courts active caseload until further application by the parties or Order of this Court. All pending dates are vacated by the Court. If the parties reach an agreement concerning the Fee Application, they will notify the Court. IT IS SO ORDERED. (Case Terminated. Made JS-6.) (clee)

1 BRODSKY AND SMITH LLC
Evan J. Smith (SBN 242352)
2 [e-mail]
3 9595 Wilshire Blvd., Suite 900
Beverly Hills, CA 90212
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Plaintiff
6 Sunanda Krishna
7

JS-6

8
9

UNITED STATES DISTRICT COURT

10

SOUTHERN DISTRICT OF CALIFORNIA

11

SUNANDA KRISHNA, on behalf of
12 himself and all others similarly situated,
13
14

Plaintiff,
v.

Case No. 2:17-cv-01840-R-AFM
Assigned To Hon. Manuel L. Real
ORDER GRANTING STIPULATION
OF DISMISSAL PURSUANT TO
FEDERAL RULE OF CIVIL
PROCEDURE 41(a)

15 IXIA, ERROL GINSBERG, BETHANY
16 MAYER, LAURENT ASSCHER,
Action Filed: March 8, 2017
JONATHAN FRAM, GAIL
Trial Date:
None Set
17 HAMILTON, ILAN DASKAL,
KEYSIGHT TECHNOLOGIES, INC.,
18 and KEYSIGHT ACQUISITIONS,
19 INC.,
Defendants.
20
21
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
ORDER

1

Having considered the Stipulation of Dismissal submitted by Plaintiff

2 Sunanda Krishna and Defendants, and good cause appearing,
3

IT IS HEREBY ORDERED THAT:

4

1.

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

5 with prejudice as to Plaintiff only. All claims on behalf of the putative class are
6 dismissed without prejudice.
7

2.

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

8 behalf of a putative class, notice of this dismissal is not required.
9

3.

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

10 determining Plaintiff’s forthcoming Fee Application, if such Fee Application
11 becomes necessary.
12

4.

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

13 defense any party may assert with respect to the Fee Application, which includes the
14 Defendants’ right to oppose the Fee Application.
15

5.

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

16 concerning the Fee Application, they may contact the Court regarding a schedule
17 and hearing to present such application to the Court.
18

6.

Upon completion of briefing, the parties shall promptly contact the

19 Court to schedule argument regarding Plaintiff’s Fee Application at a time
20 convenient to the Court.
21

7.

This action is removed from the Court’s active caseload until further

22 application by the parties or Order of this Court. All pending dates are vacated by
23 the Court. If the parties reach an agreement concerning the Fee Application, they
24 will notify the Court.
25

IT IS SO ORDERED.

26
27 Dated: April 19, 2017
28

Honorable Manuel L. Real
United States District Judge
1
ORDER