Kheder v. Aradigm Corporation et al

Filing 32

STIPULATED ORDER OF DISMISSAL. Signed by Judge Vince Chhabria on 5/11/2018. (knm, COURT STAFF) (Filed on 5/11/2018)

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LEVI & KORSINSKY, LLP
Adam C. McCall (SBN 302130)
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Tel: [phone]
Email: [e-mail]

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Attorneys for Lead Plaintiff William Manghisi
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN KHEDER, Individually and on Behalf of
All Others Similarly Situated,

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Plaintiff,
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Case No.: 3:18-cv-00261-VC
STIPULATION AND [PROPOSED]
ORDER OF VOLUNTARY DISMISSAL
UNDER FRCP 41

v.
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ARADIGM CORPORATION, IGOR GONDA
and NANCY E. PECOTA,
Defendants.

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STIPULATION AND [PROPOSED] ORDER
TO VOLUNTARILY DISMISS

Case No. 3:18-cv-00261-VC

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Lead Plaintiff William Manghisi (“Plaintiff”) and defendants Aradigm Corporation, Igor
Gonda and Nancy E. Pecota (collectively, “Defendants”), and hereby stipulate as follows:

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WHEREAS, this action was filed on January 11, 2018;

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WHEREAS, pursuant to the Private Securities Litigation Reform Act, Plaintiff was

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appointed as Lead Plaintiff, and Levi & Korsinsky LLP was appointed as Lead Plaintiff’s

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Counsel, on April 6, 2018 (Dkt. No. 27);

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WHEREAS, this Court entered a scheduling order requiring Plaintiff to file an amended
complaint by May 9, 2018 (Dkt. No. 30);
WHEREAS, Plaintiff wishes to dismiss this action pursuant to the terms of this
Stipulation;

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WHEREAS, no class has been certified in this action, no compensation or consideration

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has been or will be paid to Plaintiff, and no agreements or promises have been made other than

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what is expressly reflected in this Stipulation;

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THEREFORE, the parties hereby stipulate and respectfully request that:

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1.

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Parties jointly

stipulate to the voluntary dismissal of the Action;

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2.

The Action shall be dismissed with prejudice as to Plaintiff;

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3.

The Action shall be dismissed without prejudice as to all other putative class

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members;

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4.

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Because the dismissal is with prejudice as to Plaintiff only, and not as to any

members of the putative class, notice of this dismissal is not required; and
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Each Party shall be responsible for his, her or its own costs or fees associated with

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STIPULATION AND [PROPOSED] ORDER
TO VOLUNTARILY DISMISS

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Case No. 3:18-cv-00261-VC

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the Action.

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Dated: May 9, 2018

LEVI & KORSINSKY, LLP

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By: s/Adam C. McCall
Adam C. McCall
Attorneys for Lead Plaintiff
William Manghisi

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Dated: May 9, 2018

FENWICK & WEST LLP

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By: s/Kevin Muck
Kevin Muck
Attorneys for Defendants Aradigm Corporation,
Igor Gonda and Nancy E. Pecota

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Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in the filing of this

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stipulation.

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Dated: May 9, 2018

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s/Adam C. McCall
Adam C. McCall

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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May 11, 2018
Dated: _______________________
____________________________________
The Honorable Vince Chhabria
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
TO VOLUNTARILY DISMISS

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Case No. 3:18-cv-00261-VC