Rahimi v. Nintendo of America Inc.

Filing 23

STIPULATED ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 06/27/2013. (tmi, COURT STAFF) (Filed on 6/28/2013)

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THE KATRIEL LAW FIRM
ROY A. KATRIEL (265463)
([e-mail])
12707 High Bluff Drive, Suite 200
San Diego, CA 92130
Phone: [phone]
Fax: [phone]
Attorneys for PLAINTIFF
JOUBIN RAHIMI

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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MICHELLE C. DOOLIN (179445)
([e-mail])
DARCIE A. TILLY (239715)
([e-mail])
ERIN E. GOODSELL (262967)
([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for DEFENDANT
NINTENDO OF AMERICA INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOUBIN RAHIMI, on behalf of himself and
all others similarly situated,

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Plaintiff,

Case No.: 12-cv-6351-TEH
STIPULATION OF DISMISSAL
WITH PREJUDICE

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v.
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NINTENDO OF AMERICA INC.,
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Defendant.
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STIPULATION OF DISMISSAL
WITH PREJUDICE
NO. 12-CV-6351-TEH

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WHEREAS, the Complaint was filed in this Court on December 14, 2012 (Dkt. No. 1);

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WHEREAS, on January 9, 2013, the parties stipulated to extend Defendant Nintendo of

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America
WHEREAS, on February 11, 2013, Nintendo filed a Motion to Compel Arbitration and

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Stay Proceedings

(Dkt. No. 11);

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WHEREAS, the Court granted

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Motion on March 18, 2013;

WHEREAS,

inter alia

Within seven days of the

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completion of the arbitration or on June 24, 2013, whichever is sooner, the parties shall file a joint

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status statement or a stipulated dismis
WHEREAS, no defendant in this action has answered the complaint or filed a motion for

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summary judgment;

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WHEREAS, a class has not been certified in this action; and

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WHEREAS, pursuant to Fed. R. Civ. P. 41(a)(1), plaintiff Joubin Rahimi wishes to

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voluntarily dismiss this action with prejudice with respect to his individual claims only.

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THEREFORE, it is hereby agreed and stipulated, by and between counsel for the parties

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herein, to dismiss the individual claims of plaintiff Joubin Rahimi with prejudice. The claims

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asserted on behalf of a putative class are to be dismissed without prejudice. The parties agree that

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each will bear their own costs and attorneys fees.

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certified, no Court order is necessary to effectuate dismissal.
IT IS SO STIPULATED.

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IST
Dated: June 25, 2013 RICT
ES D

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S
UNIT
ED

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ERED

ORD
T IS SO

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Dated: June 25, 2013

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on E. H
ge Thelt

/s/Roy A. Katriel
Roy A. Katriel
Attorney for Plaintiff JOUBIN RAHIMI
COOLEY LLP
/s/Michelle C. Doolin
Michelle C. Doolin
Attorneys for Defendant NINTENDO OF
AMERICA INC.

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Jud

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n

enderso

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THE KATRIEL LAW FIRM

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T
TA 06/27/2013

R NIA

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FO

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Because this stipulation is signed by all parties who have appeared and no class has been

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F
D IS T IC T O
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STIPULATION OF DISMISSAL
WITH PREJUDICE
NO. 12-CV-6351-TEH

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(CIVIL LOCAL RULE 5-1(i)(3))
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from each of the other signatories.
COOLEY LLP

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/s/ Michelle C. Doolin
Michelle C. Doolin
Email: [e-mail]

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2.

STIPULATION OF DISMISSAL
WITH PREJUDICE
NO. 12-CV-6351-TEH