Mogannam v. New Wave Enterprises, LLC

Filing 18

STIPULATION and ORDER signed by District Judge John A. Mendez on 10/11/16 ORDERING that, pursuant to Rule 41 of the FRCP, this action is DISMISSED, with prejudice, in its entirety. The dismissal of putative class members shall be deemed to be without prejudice. There is no prevailing party; all parties shall bear their own respective attorneys' fees and costs. CASE CLOSED (Benson, A)

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1 2 3 4 5 Todd M. Friedman (SBN 216752) LAW OFFICES OF TODD M. FRIEDMAN, P.C. 324 S. Beverly Dr., #725 Beverly Hills, California 90212 Phone: 877-206-4741 Fax: 866-633-0228 tfriedman@attorneysforconsumers.com Attorneys for Plaintiff JOHN MOGANNAM 6 7 8 9 LANDAU GOTTFRIED & BERGER LLP 10 11 12 James H. Berry, Jr. (State Bar No. 075834) Kate LaQuay (State Bar No. 178250) LANDAU GOTTFRIED & BERGER LLP 1801 Century Park East, Suite 700 Los Angeles, California 90067 Telephone: (310) 557-0050 Facsimile: (310) 557-0056 Email: jberry@lgbfirm.com Email: klaquay@lgbfirm.com Attorneys for Defendant NEXT WAVE ENTERPRISES, LLC 13 UNITED STATES DISTRICT COURT 14 FOR THE EASTERN DISTRICT OF CALIFORNIA 15 16 17 JOHN MOGANNAM, individually and on behalf of all others similarly situated, 18 Plaintiff, 19 v. 20 21 22 NEXT WAVE ENTERPRISES, LLC Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-00769-JAM-DB CLASS ACTION STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER THEREON [Fed. R. Civ. Proc. 41] Action filed: April 9, 2015 Trial date: None set 23 24 25 Plaintiff John Mogannam (“Plaintiff”) and Defendant Next Wave 26 Enterprises, LLC, (“Next Wave”) (collectively the “Parties”), BEING ALL 27 PARTIES TO THIS ACTION, by and through their respective counsel, hereby 28 STIPULATE to the following: -1- 2:15-cv-00769-JAM-DB STIPULATION FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON 1 1. All Parties in the Action hereby stipulate to the dismissal of the Action in 2 its entirety with prejudice. The dismissal of putative class members shall 3 be deemed to be without prejudice. 4 5 2. Each of the Parties shall bear his or its own respective attorneys’ fees and costs, and no Party is a prevailing party. 6 7 THEREFORE, the Parties, through their respective counsel, request that the Court 8 dismiss this Action in its entirety. 9 LANDAU GOTTFRIED & BERGER LLP 10 DATED: October 10, 2016 11 LAW OFFICES OF TODD M. FRIEDMAN, P.C. 12 By: /s/ Todd M. Friedman as authorized on 10/10/2016 Todd M. Friedman Attorneys for Plaintiff JOHN MOGANNAM 13 14 15 16 Respectfully submitted, DATED: October 10, 2016 17 18 LANDAU GOTTFRIED & BERGER LLP James H. Berry, Jr. Kate LaQuay By: /s/ James H. Berry, Jr. James H. Berry, Jr. Attorneys for Defendant NEXT WAVE ENTERPRISES, LLC 19 20 Signature Certification 21 22 23 Pursuant to Local Rule 131(e), I hereby certify that the content of this 24 document is acceptable to Todd M. Friedman, counsel for Plaintiff, and that I have 25 obtained Mr. Friedman’s authorization to affix his electronic signature to this 26 document. 27 28 -2- 2:15-cv-00769-JAM-DB STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER THEREON 1 2 3 4 5 6 Dated: October 10, 2016 LANDAU GOTTFRIED & BERGER LLP James H. Berry, Jr. Kate LaQuay By: /s/ James H. Berry, Jr. James H. Berry, Jr. Attorneys for Defendant NEXT WAVE ENTERPRISES, LLC 7 8 9 LANDAU GOTTFRIED & BERGER LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 2:15-cv-00769-JAM-DB STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER THEREON ORDER 1 2 The Court has reviewed the foregoing Stipulation and proposed Order. Based 3 upon a review of the record, and good cause appearing, it is hereby ORDERED as 4 follows: 5 1. Pursuant to Rule 41 of the Federal Rules of Civil Procedure, this Action is 6 hereby dismissed, with prejudice, in its entirety. The dismissal of putative 7 class members shall be deemed to be without prejudice. 8 9 LANDAU GOTTFRIED & BERGER LLP 10 2. There is no prevailing party. All parties shall bear their own respective attorneys’ fees and costs. IT IS SO ORDERED. 11 12 13 Dated: _October 11, 2016_ /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE JOHN A. MENDEZ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 2:15-cv-00769-JAM-DB STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER THEREON

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