Liberty v. Smith et al

Filing 48

ORDER granting 47 STIPULATION WITH PROPOSED ORDER Joint Stipulation of Voluntary Dismissal and [Proposed] Order filed by David P Steiner, Frederick W Smith, Gary W Loveman, John A Edwardson, R. Brad Martin, Susan C Schwab, Shirley Ann Jackson, James L Barksdale, Steven R Loranger, Paul S. Walsh, Joshua Cooper Ramo and Nominal defendant FedEx Corporation. Signed by Judge Charles R. Breyer on 8/23/2016. (beS, COURT STAFF) (Filed on 8/23/2016)

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Emily V. Griffen (SBN 209162)
SHEARMAN & STERLING LLP
535 Mission Street, 25th Floor
San Francisco, California 94105-2997
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Jaculin Aaron (SBN 133983)
SHEARMAN & STERLING LLP
599 Lexington Avenue
New York, New York 10022
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendants Frederick W. Smith;
James L. Barksdale; John A. Edwardson;
Shirley Ann Jackson; Steven R. Loranger;
Gary W. Loveman; R. Brad Martin; Joshua
Cooper Ramo; Susan C. Schwab; David P.
Steiner; and Paul S. Walsh

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[Additional Counsel Listed on Signature Page]
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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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CHRISTOPHER LIBERTY, derivatively on
behalf of FEDEX CORPORATION,
Plaintiff,

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FREDERICK W. SMITH; JAMES L.
BARKSDALE; JOHN A. EDWARDSON;
SHIRLEY ANN JACKSON; STEVEN R.
LORANGER; GARY W. LOVEMAN;
R. BRAD MARTIN; JOSHUA COOPER
RAMO; SUSAN C. SCHWAB; DAVID P.
STEINER; and PAUL S. WALSH,

JOINT STIPULATION OF VOLUNTARY
DISMISSAL AND ORDER

vs.

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Case No. 3:14-cv-03810-CRB

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Courtroom:
Judge:

No. 6, 17th Floor
Hon. Charles R. Breyer

Defendants,
-andFEDEX CORPORATION,
Nominal Defendant.

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JOINT STIPULATION AND
PROPOSED ORDER

CASE NO. 3:14-cv-03810-CRB
324828

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Defendants Frederick W. Smith, James L. Barksdale, John A. Edwardson, Shirley Ann

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Jackson, Steven R. Loranger, Gary W. Loveman, R. Brad Martin, Joshua Cooper Ramo, Susan C.

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Schwab, David P. Steiner, Paul S. Walsh, and Nominal Defendant FedEx Corporation (together,

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“Defendants”), and Plaintiff Christopher Liberty (“Plaintiff” and, together with the Defendants, the

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“Parties”), by and through their undersigned counsel, subject to Court approval, hereby stipulate

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and agree as follows:

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WHEREAS, on August 21, 2014, Plaintiff filed a Shareholder Derivative Complaint for
Breach of Fiduciary Duty against Defendants (Dkt. No. 1) (the “Complaint”);
WHEREAS, Defendants filed a motion to dismiss the Complaint on November 21, 2014
(Dkt. No. 17), which has been fully briefed by the Parties;

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WHEREAS, prior to the hearing on Defendants’ motion to dismiss, the Court issued an

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Order on April 2, 2015 staying the case “[i]n light of the pending criminal matter involving the

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same or similar series of underlying events as those alleged in this case . . . .” (Dkt. No. 34);

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WHEREAS, the related pending criminal matter was voluntarily dismissed by the
Government on June 17, 2016;

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WHEREAS, Plaintiff, through his counsel of record and pursuant to Rules 23.1(c) and 41(a)

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of the Federal Rules of Civil Procedure, has agreed to voluntarily dismiss this action with prejudice

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as to himself and otherwise without prejudice;

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WHEREAS, there has been no collusion among the Parties, and neither Plaintiff nor his

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counsel has received or will receive directly or indirectly any consideration from any Defendant for

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the dismissal;

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WHEREAS, the Parties shall bear their own fees and costs in connection with this action;

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED between Plaintiff, by

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and through his counsel, and Defendants, by and through their counsel, subject to the Court’s

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approval, that Plaintiff has voluntarily dismissed this action with prejudice as to himself.

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IT IS SO STIPULATED.

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JOINT STIPULATION AND
PROPOSED ORDER

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CASE NO. 3:14-cv-03810-CRB
324828

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Dated: August 19, 2016

SHEARMAN & STERLING LLP

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By:

Emily V. Griffen
Emily V. Griffen

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535 Mission Street, 25th Floor
San Francisco, California 94105-2997
Telephone: [phone]
Facsimile: 415.616.1199

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Attorneys for Defendants Frederick W. Smith;
James L. Barksdale; John A. Edwardson; Shirley
Ann Jackson; Steven R. Loranger; Gary W.
Loveman; R. Brad Martin; Joshua Cooper Ramo;
Susan C. Schwab; David P. Steiner; and Paul S.
Walsh

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FEDERAL EXPRESS CORPORATION

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By:

Peter D. Blumberg
Peter D. Blumberg (admitted pro hac vice)

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Legal Department - Litigation
Building B, Second Floor
3620 Hacks Cross Road
Memphis, TN 38125
Telephone: [phone]
Facsimile: 901.434.4523

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Attorneys for Nominal Defendant Federal Express
Corporation

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COTCHETT, PITRE & McCARTHY, LLP

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By:

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Mark C. Molumphy
Mark C. Molumphy

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840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: 650.697.0577

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Attorneys for Plaintiff Christopher Liberty,
derivatively on behalf of Federal Express
Corporation

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JOINT STIPULATION AND
PROPOSED ORDER

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CASE NO. 3:14-cv-03810-CRB
324828

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ATTESTATION (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 the signatories.

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DATED: August 19, 2016

SHEARMAN & STERLING LLP

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By:

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Emily V. Griffen

Attorneys for Defendants Frederick W. Smith; James
L. Barksdale; John A. Edwardson; Shirley Ann
Jackson; Steven R. Loranger; Gary W. Loveman; R.
Brad Martin; Joshua Cooper Ramo; Susan C. Schwab;
David P. Steiner; and Paul S. Walsh

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* * *

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ORDER

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IT IS HEREBY ORDERED that, upon good cause shown, the above-captioned action is
dismissed with prejudice as to Plaintiff and otherwise without prejudice.

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DATED: August 23, 2016
Hon. Charles R. Breyer
United State District Judge

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JOINT STIPULATION AND
PROPOSED ORDER

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CASE NO. 3:14-cv-03810-CRB
324828