In re Flash Memory Antitrust Litigation

Filing 766

STIPULATION AND ORDER FOR DISMISSAL OF SANDISK CORPORATION. Signed by Judge ARMSTRONG on 5/10/12. (lrc, COURT STAFF) (Filed on 5/10/2012)

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[Counsel set forth on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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No. C07-00086 SBA
IN RE FLASH MEMORY ANTITRUST
LITIGATION

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This document Relates to:

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STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE AS TO
DEFENDANT SANDISK
CORPORATION PURSUANT TO FED.
R. CIV. PROC. 41(a)(2)

ALL INDIRECT PURCHASER ACTIONS

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST SANDISK
(Case No. 07-0086 SBA)

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Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs Keith

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Alderman, Christopher Bessette, Peter Burke, James Burt, California Coast Investigative

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Services, Anthony Cardinale, Michael Chek, Alva Dee Cravens, Peter DeChristopher, Donna

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Fahner, Eric Ferguson, Donna Jeanne Flanagan, Ina Fryer, Stuart Go, Sandra Green, Dan

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Harrison, Thomas Y. Huh, James Knowles, Fred W. Krahmer, Harold Moore, Martha Mulvey,

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Joanne Myles, Thomas Nigro, Carman Pellitteri, Travis Richardson, Richard Chris Rippel, Ryan

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Skorstad, Lynn Sweatman, and Joseph Theisen, (collectively “Indirect-Purchaser Plaintiffs”) and

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defendant SanDisk Corporation (“SanDisk”) (collectively “The Stipulating Parties”) by and

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through their counsel hereby stipulate as follows:

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1.

Consolidated Class Action Complaint against SanDisk in the above-entitled action.1

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On May 1, 2009, the Indirect-Purchaser Plaintiffs filed a First Amended

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The Stipulating Parties have reached a confidential settlement of all claims

asserted by Plaintiffs against SanDisk in the above-entitled action.

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3.

In furtherance of the confidential settlement, the Stipulating Parties agree

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that all claims asserted by Plaintiffs against SanDisk in the above-entitled action shall be

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dismissed with prejudice, with Plaintiffs and SanDisk each bearing their own costs and

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attorneys’ fees, and SanDisk shall no longer be a party in this action.2

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Plaintiffs Keith Alderman, James Knowles, Fred W. Krahmer, Carman Pellitteri, Ryan
Skorstad, and Lynn Sweatman, had previously filed complaints against SanDisk Corporation but
were not included as named plaintiffs in the First Consolidated Class Action Complaint.

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The confidential settlement also includes the following plaintiffs, who dismissed their claims
with prejudice as to all defendants on April 25, 2012 (Dkt. 764): Jacob Greenwell, Sarah Hecht,
Jean McClellan-Chambers, Jamac Enterprises, Robin McEntee, Trong Nguyen, Jason Perkins,
Travis Weibe, Joshua Steele, Benjamin Northway, Lindsey Morgan, Kelly Fahner, George
Davis, Andrew Kindt, Tristen Woods, and Jai Paguirigan.
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST SANDISK
(Case No. 07-0086 SBA)

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IT IS SO STIPULATED.

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DATED: May 2, 2012.

COTCHETT, PITRE & MCCARTHY

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By:

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Co-Lead Counsel for Indirect Purchaser
Plaintiffs

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/s/ Steve N. Williams
Steve N. Williams

DATED: May 2, 2012.

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ZELLE HOFMANN VOELBEL & MASON
LLP
By:

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/s/ Christopher T. Micheletti __
Christopher T. Micheletti
Co-Lead Counsel for Indirect Purchaser
Plaintiffs

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DATED May 2, 2012.

BINGHAM MCCUTCHEN LLP
By:

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/s/ Frank M. Hinman
Frank M. Hinman
Counsel for SanDisk Corporation

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST SANDISK
(Case No. 07-0086 SBA)

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ORDER
For the reasons set forth in the above stipulation, and good cause appearing
therefor, it is hereby ORDERED as follows:
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All claims asserted by Plaintiffs against SanDisk Corporation in the

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above-entitled action or any of its associated actions are hereby DISMISSED WITH

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PREJUDICE, with Plaintiffs and SanDisk Corporation each bearing their own costs and

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attorneys’ fees.

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2.

SanDisk Corporation shall no longer be a party in this action.

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IT IS SO ORDERED.

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DATED: _5/10/12

_______________________________
Saundra Brown Armstrong
United States District Judge

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST SANDISK
(Case No. 07-0086 SBA)

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FILER’S ATTESTATION

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I, Rianne E. Rocca, am the ECF user whose identification and password are being used to file

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this Stipulation. In compliance with General Order 45.X.B, I hereby attest that concurrence in

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the filing of this document has been obtained from the signatories above.

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/s/ Rianne E. Rocca
Rianne E. Rocca
Attorney for Defendant SanDisk Corporation

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS’ CLAIMS AGAINST SANDISK
(Case No. 07-0086 SBA)