Tulipani v. Samsung Electronics America, Inc.

Filing 24

ORDER granting 23 Stipulation of Dismissal. Plaintiff's individual claims against Defendant are DISMISSED WITH PREJUDICE with each party to bear their own attorneys' fees, costs and expenses except as may be otherwise agreed to by the parties. This dismissal is without prejudice to any putative class claims. Signed by Judge Laurel Beeler on 7/11/2017. (afmS, COURT STAFF) (Filed on 7/11/2017)

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RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant
SAMSUNG ELECTRONICS AMERICA, INC.

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MICHAEL F. RAM (S.B. #104805)
[e-mail]
ROBINS KAPLAN LLP
2440 West El Camino Real, Suite 100
Mountain View, CA 94040
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
VICTORIA TULIPANI

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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VICTORIA TULIPANI, On Behalf Of
Herself And All Others Similarly Situated,

Case No. 17-CV-513-LB

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Plaintiff,
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STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL

v.
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Complaint Filed: February 1, 2017
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SAMSUNG ELECTRONICS AMERICA,
INC. and DOES ONE through ONE
HUNDRED, inclusive,
Defendants.

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Case No. 17-CV-513-LB – STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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I.

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STIPULATION

After engaging in discovery and negotiation, Plaintiff Victoria Tulipani (hereinafter,

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“Plaintiff”) and Defendant Samsung Electronics America, Inc. (hereinafter, “Defendant”) have

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reached an individual settlement that will not require class certification or court approval of

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settlement.

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Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiff and Defendant, by and through their

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attorneys of record, therefore hereby stipulate to dismissal of any and all of Plaintiff’s individual

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claims against Defendant, and stipulate to the proposed order attached hereto. This dismissal is

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without prejudice to any claims of the putative class members other than Plaintiff.

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STIPULATED TO, AND DATED AND RESPECTFULLY SUBMITTED this 10th day
of July, 2017.

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By:

/s/ Michael F. Ram____________
MICHAEL F. RAM (SBN 104805)
[e-mail]
ROBINS KAPLAN LLP
2440 West El Camino Real, Suite 100
Mountain View, CA 94040
Telephone: [phone]
Facsimile: [phone]

By: /s/ Randall W. Edwards____________
RANDALL W. EDWARDS (SBN 179053)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff

Attorneys for Defendant

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Case No. 17-CV-513-LB – STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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II.

LOCAL RULE 5-1(I)(3) STATEMENT

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Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this

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document has been obtained from counsel for all parties, and that I will maintain records to

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support this concurrence by all counsel subject to this stipulation as required under the local

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rules.

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Dated: July 10, 2017
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By:

/s/ Michael F. Ram

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MICHAEL F. RAM (SBN 104805)
[e-mail]
ROBINS KAPLAN LLP
2440 West El Camino Real, Suite 100
Mountain View, CA 94040
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
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Case No. 17-CV-513-LB – STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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III.

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[PROPOSED] ORDER PURSUANT TO STIPULATION

This matter came before the above-entitled Court on the parties’ stipulation for dismissal

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with prejudice. After reviewing the files and records herein, and the Court having been fully

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advised, it is hereby:

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ORDERED that Plaintiff’s individual claims against Defendant are DISMISSED WITH

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PREJUDICE with each party to bear their own attorneys’ fees, costs and expenses except as may

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be otherwise agreed to by the parties. This dismissal is without prejudice to any putative class

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claims.

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IT IS SO ORDERED this 11thday of July, 2017
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_______________________________
The Hon. Laurel Beeler
UNITED STATES DISTRICT JUDGE

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Case No. 17-CV-513-LB – STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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