Hile v. Max Rave, LLC et al

Filing 35

ORDER GRANTING 34 Stipulation of Dismissal. Signed by Judge Jeffrey S. White on 9/9/08. (jjo, COURT STAFF) (Filed on 9/9/2008)

Case 3:07-cv-00738-JSW

Document 34

Filed 09/08/2008

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SCOTT J. FERRELL, Bar No. 202091 SCOT D. WILSON, Bar No. 223367 CALL, JENSEN & FERRELL A Professional Corporation 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendant Max Rave, LLC ERIC A. GROVER, Bar No. 136080 DENISE L. DIAZ, Bar No. 159516 KELLER GROVER LLP 425 Second Street, Suite 500 San Francisco, CA 94107 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Plaintiff Zachary Hile UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ZACHARY HILE, on behalf of himself and Case No. 07-CV-00738 (JSW) 20 all others similarly situated, STIPULATION OF DISMISSAL AND 21 Plaintiff, [PROPOSED] ORDER
22 23

vs.

MAX RAVE, LLC and G+G RETAIL, 24 INC.,
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CALL, JENSEN & FERRELL A PROFESSIONAL CORPORATION

Defendants. /// ///
BCB01-09:406431_1:9-8-08

Complaint Filed: February 5, 2007 Trial Date: None Set

-1STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

Case 3:07-cv-00738-JSW

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CALL, JENSEN & FERRELL A PROFESSIONAL CORPORATION

STIPULATION OF DISMISSAL Pursuant to Fed. R. Civ. P. 41(a)(1)(ii), Plaintiff Zachary Hile ("Plaintiff") and Defendant Max Rave, LLC ("Defendant") hereby stipulate and agree to the dismissal of Plaintiff's individual claims against Defendant in this action with prejudice,1 and with each party bearing its own costs and fees. Plaintiff's putative class claims against Defendant are dismissed without prejudice to the rights of any of the members of the putative class, and with each party bearing its own costs and fees. Dated: September 8, 2008 CALL, JENSEN & FERRELL A Professional Corporation By:s/SCOT D. WILSON SCOT D. WILSON Attorneys for Defendant Max Rave, LLC E-mail: [e-mail]

Dated: September 8, 2008

KELLER GROVER LLP THIERMAN LAW FIRM LAW OFFICES OF SCOTT A. MILLER, APC STEVEN L. MILLER, A PROF. LAW CORP. By:s/ERIC A. GROVER ERIC A. GROVER Attorneys for Plaintiff E-mail: [e-mail]

1 The claims against Defendant G+G Retail, Inc. were voluntarily dismissed by Plaintiff on May 24, 2007. (See Document 13-1).
BCB01-09:406431_1:9-8-08

-2STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

Case 3:07-cv-00738-JSW

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CALL, JENSEN & FERRELL A PROFESSIONAL CORPORATION

ORDER IT IS HEREBY ORDERED that Plaintiff Zachary Hile's ("Plaintiff") individual claims against Defendant Max Rave, LLC ("Defendant") be dismissed with prejudice, and with each party bearing its own costs and fees. Plaintiff's putative class claims against Defendant are dismissed without prejudice to the rights of any of the members of the putative class and each party shall bear its own costs and fees. Thus, this action is dismissed.

September 8, 2009 Dated:________________________

__________________________________ HON. JEFFREY S. WHITE U.S. DISTRICT COURT JUDGE

BCB01-09:406431_1:9-8-08

-3STIPULATION OF DISMISSAL AND [PROPOSED] ORDER