Pishvaee v. VeriSign, Inc. et al

Filing 90

ORDER re 89 Notice of Voluntary Dismissal filed by Babka Pishvaee. Signed by Judge Claudia Wilken on 04/02/2010. (scc, COURT STAFF) (Filed on 4/2/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DRINKER BIDDLE & REATH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

ADEL A. NADJI AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, California 94105 Telephone: [phone] Facsimile: 415.568.2556 Attorneys for Plaintiff BABAK PISHVAEE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BABAK PISHVAEE, individually, and on behalf of a class of similarly situated individuals, Plaintiff, v. VERISIGN, INC., a California corporation, M QUBE, INC., a Delaware corporation, and AT&T MOBILITY LLC, formerly known as Cingular Wireless LLC, a Delaware corporation, Defendants.

Case No. C-07-3407 CW NOTICE OF VOLUNTARY DISMISSAL

The Plaintiff, by and through her undersigned counsel, hereby gives notice of voluntary dismissal of this matter pursuant to Fed. R. Civ. P. Rule 41(a)(i) as follows: 1 The claims asserted by the Plaintiff in this action against AT&T Mobility LLC

have been settled and released by a Final Order and Judgment in the matter of Tracie McFerren v. AT&T Mobility, LLC, Fulton County Superior Court Case No. 08-CV-151322 before the Superior Court of Fulton County, Georgia. The court issued final approval of the classwide settlement on December 7, 2009. 2. In addition, Defendant m-Qube, Inc. and plaintiffs' counsel in a parallel national

class action have entered into a nationwide settlement resolving all claims against m-Qube related to the alleged imposition of unauthorized mobile content charges on the cell phone bills of
NOTICE OF VOLUNTARY DISMISSAL
SF01/ 679863.2

CASE NO. C-07-3407 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DRINKER BIDDLE & REATH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

wireless subscribers other than those relating to AT&T (which will be released in the McFerren settlement). Judge Stewart E. Palmer of the Circuit Court of Cook County, Illinois, granted preliminary approval to the class action settlement on November 3, 2009, in the case Parone, et al. v. m-Qube, Inc., et al., No. 08 CH 15834 (Circuit Court of Cook County, Illinois). The court granted final approval to the settlement on February 24, 2010. Plaintiff therefore voluntarily dismisses his claims against Defendants AT&T Mobility LLC, m-Qube, and VeriSign, Inc. with prejudice and with all parties to bear their own costs.

Dated: March 31, 2010

AUDET & PARTNERS, LLP

By:

/s/ Adel A. Nadji

Attorneys for Plaintiff BABAK PISHVAEE

ORDER Pursuant to the Federal Rule of Civil Procedure 41(a), IT IS HEREBY ORDERED: That this action shall be and hereby is dismissed with prejudice as to Defendants AT&T Mobility LLC, m-Qube, and VeriSign, Inc. and with all parties are to bear their own costs. Dated: 04/02/2010 CLAUDIA WILKEN United States District Judge

NOTICE OF VOLUNTARY DISMISSAL
SF01/ 679863.2

-2-

CASE NO. C-07-3407 CW