Badella et al v. Deniro Marketing, LLC et al

Filing 132

ORDER of DISMISSAL WITH PREJUDICE. Signed by Judge Charles R. Breyer on 1/23/2012. (beS, COURT STAFF) (Filed on 1/24/2012)

Case3:10-cv-03908-CRB Document131 Filed01/20/12 Page1 of 3

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Daniel L. Balsam (State Bar No. 260423)
GARBARINI LAW GROUP P.C.
2912 Diamond Street #218
San Francisco, CA 94131
Phone: [phone]
Fax: [phone]

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Richard M. Garbarini (Admitted Pro Hac Vice)
GARBARINI LAW GROUP P.C.
420 Lexington Avenue, Suite 2743
New York, New York 10170
Phone: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ROBERT BADELLA, et al.,
Plaintiffs,

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Case No. 3:10-cv-03908-CRB
Hon. Charles R. Breyer

v.
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DENIRO MARKETING, LLC, et al.,
Defendants.

STIPULATED DISMISSAL OF ENTIRE
ACTION WITH PREJUDICE PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE RULE 41(a)

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Case No. 3:10-cv-03908-CRB – Stipulation of Dismissal

Case3:10-cv-03908-CRB Document131 Filed01/20/12 Page2 of 3

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WHEREAS, on November 4, 2011, this Court issued an Order Denying Motion for Class

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Certification and Motion to Amend Complaint, without prejudice, Docket No. 122 (the “Order”), on

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the basis that Plaintiffs Robert Badella, Robert Langford, Michael Shane York, And Robert W. Jeffries

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(“Plaintiffs”) failed to meet their burden under Federal Rules of Civil Procedure Rule 23.

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WHEREAS, Plaintiffs and their attorneys now understand and agree that they cannot meet their

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burden under Rule 23 on a renewed motion, as they cannot demonstrate that questions of law or fact

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common to the members of the purported class predominate over any questions affecting only

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individual members, and that a class action is superior to other available methods for the fair and

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efficient adjudication of the controversy.

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WHEREAS, subsequent to this Court’s Order, the Parties have reached a settlement in
principal of this matter that calls for immediate dismissal of the entire action by Plaintiffs.
THEREFORE, Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiffs and Defendants

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Allan Henning, Deniro Marketing, LLC, Deltabreeze Holdings Ltd., and Modena Marketing Inc.,

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hereby stipulate that the entire action and all of Plaintiffs’ claims and causes of action against all

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defendants are hereby dismissed with prejudice.

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Dated: January 20, 2012

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GARBARINI LAW GROUP P.C.
By:

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/s/
Richard Garbarini
Attorneys for Plaintiffs

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THE KAUFMAN LAW GROUP
By:

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/s/
Gary Jay Kaufman , with permission
Attorneys for Defendants

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ERED

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HON. CHARLES R. BREYER Breyer
s R.
United States Districtge Charle
Jud Judge
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January 23, 2012
DATED:________________

O ORD

IT IS S

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UNIT
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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

R NIA

Dated: January 20, 2012

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Case No. 3:10-cv-03908-CRB – Stipulation of Dismissal

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