Rossell v. The Weather Channel, LLC

Filing 16

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge ARMSTRONG on 12/13/12. (lrc, COURT STAFF) (Filed on 12/14/2012)

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David C. Parisi (SBN 162248)
[e-mail]
Suzanne Havens Beckman (SBN 188814)
[e-mail]
PARISI & HAVENS LLP
15233 Valleyheart Drive
Sherman Oaks, CA 91403
[phone]

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Attorneys for Plaintiff Michael Rossell
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL ROSSELL, individually and on
behalf of a class of similarly situated
individuals,

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Case No. 12-cv-04098-SBA
JOINT STIPULATION AND ORDER OF
DISMISSAL

Plaintiff,

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v.

CLASS ACTION

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THE WEATHER CHANNEL, LLC, a
Georgia limited liability company,

Complaint Filed: August 2, 2012

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Defendant.

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Plaintiff Michael Rossell (“Plaintiff”) and Defendant The Weather Channel, LLC

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(“Defendant”), pursuant to Civil Local Rule 7-12 and Federal Rule of Civil Procedure 41(a), hereby

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stipulate as follows:

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1.

On August 2, 2012, Plaintiff filed his Class Action Complaint against Defendant.

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2.

On September 17, 2012, pursuant to stipulation by the Parties, the Court entered an

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Order staying this matter until the Federal Communication Commission (“FCC”) ruled on a petition

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that addressed the issue central to this case. (Dkt. 14.)

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3.

On November 29, 2012, the FCC ruled on the petition and found that, with

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exceptions, “confirmatory” text messages do not violate the Telephone Consumer Protection Act

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(“TCPA”).
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Joint Stipulation & Order of Dismissal

Case No. 12-cv-04098-SBA

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4.

The Parties agree that this matter should now be dismissed.

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NOW, THEREFORE, the Parties hereby stipulate and agree that, pursuant to Rule 41(a) of

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the Federal Rules of Civil Procedure, this entire action shall be, and is, dismissed, with each party to

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bear its own fees and costs.

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IT IS SO STIPULATED.
Dated: December 11, 2012

PARISI & HAVENS LLP

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s/David C. Parisi
David C. Parisi

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Attorneys for Plaintiff Michael Rossell

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Dated: December 11, 2012

COOLEY LLP

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s/Matthew D. Brown
Matthew D. Brown

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Attorneys for Defendant
The Weather Channel, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: December 13, 2012

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________________________
Hon. Saundra Brown Armstrong
United States District Judge

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Joint Stipulation & Order of Dismissal

Case No. 12-cv-04098-SBA

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Joint Stipulation & Order of Dismissal

Case No. 12-cv-04098-SBA