Schipper v. Cisco Systems, Inc. et al

Filing 94

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 4/29/13. (lrc, COURT STAFF) (Filed on 4/29/2013)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 CHRISTOPHER P. SEEFER (201197)
Post Montgomery Center
3 One Montgomery Street, Suite 1800
San Francisco, CA 94104
4 Telephone: [phone]
415/288-4534 (fax)
5 [e-mail]
– and –
6 SAMUEL H. RUDMAN
58 South Service Road, Suite 200
7 Melville, NY 11747
Telephone: [phone]
8 631/367-1173 (fax)
[e-mail]
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Lead Counsel for Plaintiffs
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[Additional counsel appear 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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In re CISCO SYSTEMS INC. SECURITIES ) Lead Case No. C 11-1568-SBA
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15 LITIGATION
) CLASS ACTION
)
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) JOINT STIPULATION AND ORDER
This Document Relates To:
) DISMISSING FIRST AMENDED
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) COMPLAINT WITH PREJUDICE
ALL ACTIONS.
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Plaintiffs and defendants, by and through their respective counsel of record, hereby agree and

2 stipulate as follows:
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WHEREAS, the Court entered an order dismissing the First Amended Complaint without

4 prejudice on April 5, 2013 (Dkt. No. 88);
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WHEREAS, the Court provided plaintiffs the opportunity to file a Second Amended

6 Complaint on or before April 26, 2013 (id. at 27);
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WHEREAS, the parties, having met and conferred, and agreed and stipulated that plaintiffs

8 will not file a Second Amended Complaint, will not appeal any prior judgments by this Court,
9 including the Court’s order dismissing the First Amended Complaint and that the First Amended
10 Complaint should be dismissed with prejudice; and
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WHEREAS, plaintiffs and defendants further agree and stipulate that each party shall bear its

12 own costs in connection with this case;
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NOW, THEREFORE, the parties hereby stipulate and agree, subject to this Court’s approval,

14 as follows:
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1.

Plaintiffs will not appeal any prior judgments by this Court, including the Court’s

16 order dismissing the First Amended Complaint;
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2.

The First Amended Complaint is dismissed with prejudice;

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3.

Plaintiffs and defendants will each bear their own costs; and

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4.

The case is hereby closed and all scheduled dates are struck from the Court’s

20 calendar.
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IT IS SO STIPULATED.

22 DATED: April 26, 2013
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ROBBINS GELLER RUDMAN
& DOWD LLP
CHRISTOPHER P. SEEFER

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s/ Christopher P. Seefer
CHRISTOPHER P. SEEFER

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
SAMUEL H. RUDMAN
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: [phone]
631/367-1173 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
MAUREEN E. MUELLER
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

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Lead Counsel for Plaintiffs
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DATED: April 26, 2013
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WINSTON & STRAWN LLP
J. ERIK CONNOLLY

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s/ J. Erik Connolly
J. ERIK CONNOLLY

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35 West Wacker Drive
Chicago, IL 60601
Telephone: [phone]
312/558-5700 (fax)
Counsel for Defendants CISCO SYSTEMS,
INC., JOHN T. CHAMBERS and FRANK
CALDERONI

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I, Christopher P. Seefer, am the ECF User whose ID and password are being used to file this

2 Joint Stipulation and [Proposed] Order Dismissing with Prejudice the First Amended Complaint. In
3 compliance with Civil Local Rule 5-1(i)(3). I hereby attest that J. Erik Connolly has concurred in
4 this filing.
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s/ Christopher P. Seefer
CHRISTOPHER P. SEEFER

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ORDER

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Based on the above Stipulation of the parties, by and through their counsel of record, and for
good cause showing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1.

Plaintiffs will not appeal any prior judgments by this Court, including the Court’s

order dismissing the First Amended Complaint;
2.

The First Amended Complaint is dismissed with prejudice;

3.

Plaintiffs and defendants will each bear their own costs; and

4.

The case is hereby closed and all scheduled dates are struck from the Court’s

calendar.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 4/29/13

_________________________________________
HON. SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
I hereby certify that on April 26, 2013, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on April 26, 2013.
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s/ Christopher P. Seefer
CHRISTOPHER P. SEEFER
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail:[e-mail]

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