Garcia v. Billerbeck et al

Filing 30

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/4/10. (nah, COURT STAFF) (Filed on 3/4/2010)

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
ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

LATHAM & WATKINS LLP John C. Tang (Bar No. 212371) Andrew M. Farthing (Bar No. 237565) Allison S. Wesley (Bar No. 267964) 140 Scott Drive Menlo Park, California 94025 Telephone: [phone] Facsimile: +1.650.463.2600 Attorneys for Defendants IXYS CORPORATION and ZANZIBAR ACQUISITION, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

LOUISE GARCIA, individually and on behalf of all others similarly situated, Plaintiff, v. DARIN BILLERBECK, FEDERICO FAGGIN, RICHARD SANQUINI, ROBIN ABRAMS, DAVID ELKINS, ERIC SINGER, ZILOG, INC., IXYS CORPORATION, AND ZANZIBAR ACQUISITION, INC., Defendants.

CASE NO. 4:10-CV-00238-PJH

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

WHEREAS, on December 22, 2009, Plaintiff filed this action in the Superior Court of the State of California, after which the action was removed to this Court; WHEREAS, on January 27, 2010, Plaintiff filed a purported First Federal Class Action Complaint for Violation of the Federal Securities Laws, and for Violations of State Law Breaches of Fiduciary Duty (the "Federal Complaint"); WHEREAS, on February 1, 2010, Defendants moved to strike the Federal Complaint and dismiss this action;

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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
ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

WHEREAS, Plaintiff's deadline to oppose the motions to strike and dismiss has passed without opposition; WHEREAS, the parties have agreed that Plaintiff will voluntarily dismiss this action against all Defendants with prejudice as to Plaintiff and without prejudice as to the remaining members of the purported class; WHEREAS, Plaintiff has not received, and will not receive, any consideration, direct or indirect, in exchange for the dismissal of this action; WHEREAS, while Plaintiff styled this action as a class action, class certification has not been sought, no class has been certified, and notice of pendency of the action to purported class members was never required by this Court and has not been given; NOW THEREFORE, the parties hereby stipulate, and respectfully request that the Court order, that this action be dismissed with prejudice as to Plaintiff and without prejudice to the other members of the purported class, without notice to the other members of the purported class, with each party to bear their own fees and costs. IT IS SO STIPULATED.

1

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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
ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

Dated: March 2, 2010 LATHAM & WATKINS LLP

By /s/ Andrew M. Farthing Andrew M. Farthing Attorneys for Defendants IXYS CORPORATION and ZANZIBAR ACQUISITION, INC. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

By /s/ Amy S. Park Amy S. Park Attorneys for Defendants ZILOG, INC., ROBIN A. ABRAMS, DARIN G. BILLERBECK, DAVID G. ELKINS, FEDERICO FAGGIN, RICHARD L. SANQUINI AND ERIC SINGER BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP and LEVI & KORSINSKY LLP By /s/ Alan R. Plutzik Alan R. Plutzik Attorneys for Plaintiff LOUISE GARCIA Pursuant to General Order 45.X, I, Andrew Farthing, attest that Amy S. Park and Alan R. Plutzik concur in this filing. * * *

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 3/4/10
UNIT ED

S

ISTRIC ES D TC AT T

2

ER

N

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

F D IS T IC T O R

A

C

LI

FO

IT IS S The Honorable Phyllis J. Hamilton United States District Judge amilton H
Judge P hyllis J.

O ORD

ERED

R NIA

RT U O

NO

RT

H