Kramer v. Autobytel Inc et al

Filing 100

ORDER re 99 Joint Stipulation Dismissing Claims as to Autobytel Inc. Autobytel Inc terminated. Signed by Judge Claudia Wilken on 10/26/2010. (ndr, COURT STAFF) (Filed on 10/26/2010)

Kramer v. Autobytel Inc et al

Doc. 100

SEAN REIS (SBN 184004) 1 [e-mail] EDELSON MCGUIRE, LLP 2 30021 Tomas Street, Suite 300 Rancho Santa Margarita, California 92688 3 Telephone: [phone] Facsimile: [phone] 5 RYAN D. ANDREWS (pro hac vice) [e-mail] 6 CHRISTOPHER L. DORE (pro hoc vice) [e-mail] 7 EDELSON MCGUIRE, LLC 350 North LaSalle, Suite 1300 8 Chicago, IL 60654 Telephone: [phone] Facsimile: [phone] 10 Attorneys for Plaintiff 11 12 13 14 IN THE UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No. 4:10-cv-02722 CW

CHRISTOPHER KRAMER, individually and on ) ) 15 behalf of all others similarly situated, ) Plaintiff, ) 16 ) v. ) 17 ) ) 18 AUTOBYTEL INC., a Delaware corporation, and B2MOBILE, LLC, a California limited ) 19 liability company, and LEADCLICK MEDIA, ) INC., a California corporation, ) ) 20 Defendants. ) ) 21 22

JOINT STIPULATION THAT PLAINTIFF'S CLAIMS AGAINST AUTOBYTEL ARE DISMISSED WITH PREJUDICE AND [PROPOSED]
ORDER OF DISMISSAL

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), plaintiff Christopher Kramer and defendants

23 Autobytel Inc., B2Mobile, LLC, and LeadClick Media, Inc., by and through their respective 24 counsel, stipulate that this action be dismissed with prejudice as to all of the individual claims 25 advanced by Kramer as to Defendant Autobytel only, pursuant to an individual settlement reached 26 between the Kramer and Autobytel, and without prejudice as to all of the purported, uncertified 27 class action claims advanced by Kramer against Autobytel. The individual settlement and this 28
1
Stipulation That Plaintiff's Claims Against Autobytel Are Dismissed With Prejudice Case No. 4:10-cv-10-02722 CW

Dockets.Justia.com

1 Rule 41(a)(1)(A)(ii) dismissal shall have no effect on any other rights of the Parties not 2 specifically stated in the settlement agreement. 3 4 5 6 7 Dated: October 22, 2010 8 9 10 11 Dated: October 22, 2010 12 13 14 15 16 17 18 19 20 PROPOSED 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 and without costs as to all Dated: October 22, 2010 SUMMIT LAW GROUP PLLC Attorneys for Defendant B2Mobile, LLC By: s/ Phil McCune Phil McCune REED SMITH, LLP Attorneys for Defendant LeadClick Media, Inc. By: s/ Roxanne M. Wilson Roxanne M. Wilson Dated: October 22, 2010 EDELSON McGUIRE, LLC Attorneys for Plaintiff By: s/ Christopher L. Dore Christopher L. Dore DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant Autobytel Inc. By: s/ Randy Gainer Randy Gainer

21 of the individual claims advanced by Kramer as to Defendant Autobytel only and without 22 prejudice as to all of the purported, uncertified class action claims advanced by Kramer against 23 Autobytel. The individual settlement and this Rule 41(a) dismissal shall have no effect on any 24 other rights of the Plaintiff or Autobytel not specifically stated in the settlement agreement. 25 26 27 28
2 Stipulation That Plaintiff's Claims Against Autobytel Are Dismissed With Prejudice
Case No. C 10-02722 CW

Dated:

10/26/2010

CLAUDIA WILKEN United States District Judge

1 2

Attestation Pursuant General Order 45 and Certificate of Service I attest that I obtained the concurrence of each of the signatory attorneys shown above. I

3 certify that on October 22, 2010, I electronically filed the foregoing document with the Clerk of 4 the Court, using the CM/ECF system, which will send notification of such filing to the counsel of 5 record in this matter who are registered on the CM/ECF system. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3 Stipulation That Plaintiff's Claims Against Autobytel Are Dismissed With Prejudice
Case No. C 10-02722 CW

By: s/ Christopher L. Dore