Markette v. XOMA Corp et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 114 Stipulation of Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ndrS, COURT STAFF) (Filed on 10/25/2017)
1 Benjamin Heikali SBN 307466
FARUQI & FARUQI, LLP
2 10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
3 Telephone: 424-256-2884
Facsimile: 424-256-2885
4 E-mail: brohr@faruqilaw.com
5 Nadeem Faruqi (pro hac vice)
Richard W. Gonnello (pro hac vice)
6 Katherine M. Lenahan (pro hac vice)
Sherief Morsy (pro hac vice)
7 FARUQI & FARUQI, LLP
685 Third Ave., 26th Floor
8 New York, NY 10017
Telephone: 212-983-9330
9 Facsimile: 212-983-9331
E-mail: nfaruqi@faruqilaw.com
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rgonnello@faruqilaw.com
klenahan@faruqilaw.com
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smorsy@faruqilaw.com
12 Attorneys for Lead Plaintiff Joseph Tarzia
13 Additional counsel on signature page
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSEPH F. MARKETTE, on Behalf of
Himself and All Others Similarly Situated,
Plaintiff,
v.
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XOMA CORPORATION, JOHN W.
VARIAN, and PAUL D. RUBIN, et. al.,
Defendants.
Case No. 15-CV-3425 (HSG)
STIPULATION AND ORDER OF
DISMISSAL PURSUANT TO FEDERAL
RULE OF CIVIL PROCEDURE
41(a)(1)(A)(ii)
CLASS ACTION
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JOINT STIPULATION OF DISMISSAL
15-CV-3425 (HSG)
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WHEREAS, on July 24, 2015, Joseph F. Markette filed the above-captioned action on
2 behalf of himself and the public stockholders of XOMA Corporation (“XOMA”) against XOMA,
3 John W. Varian, and Paul D. Rubin (ECF No. 1);
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WHEREAS, on September 22, 2015, plaintiff Joseph Tarzia filed a Motion for
5 Appointment as Lead Plaintiff and Approval of Faruqi & Faruqi LLP as Lead Counsel (ECF No.
6 11);
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WHEREAS, on May 13, 2016, the Court appointed Joseph Tarzia as Lead Plaintiff and
8 approved Lead Plaintiff’s selection of Faruqi & Faruqi LLP as Lead Counsel (ECF No. 77);
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WHEREAS, on July 8, 2016, Plaintiff filed an Amended Class Action Complaint (ECF No.
10 87), adding Kelvin Neu as a defendant (collectively with XOMA, Mr. Varian, and Dr. Rubin
11 “Defendants,” and together with the Plaintiff, the “Parties”);
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WHEREAS, no class has been certified;
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WHEREAS, on September 28, 2017, the Court granted Defendants’ Motion to Dismiss the
14 Amended Class Action Complaint without prejudice and entered an order requiring Plaintiff to file
15 and serve an amended class action complaint by October 26, 2017 (ECF No. 113);
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WHEREAS, after conducting a thorough investigation, Plaintiff has decided not to file an
17 amended class action complaint and to voluntarily dismiss the above-captioned action, with
18 prejudice as to Plaintiff and his individual claims and without prejudice to the unnamed class
19 members, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;
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WHEREAS, no party asserts or contends that any of the Parties or their respective counsel
21 have at any time failed to comply with Rule 11 of the Federal Rules of Civil Procedure;
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WHEREAS, the Parties agree that each Party shall bear its own costs, attorneys’ fees, and
23 expenses and that no costs, sanctions, claims, or attorneys’ fees arising in or from this action will
24 be pursued by any of the Parties.
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JOINT STIPULATION OF DISMISSAL
15-CV-3425 (HSG)
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
2 Parties, subject to the Court’s approval, as follows:
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1. Plaintiff voluntarily dismisses the above-captioned action with prejudice as to his
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individual claims and without prejudice as to the unnamed class members pursuant to
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Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;
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2. None of the Parties or their respective counsel have at any time failed to comply with
Rule 11 of the Federal Rules of Civil Procedure; and
3. The Parties shall each bear their own costs, attorneys’ fees, and expenses and that no
costs, sanctions, claims, or attorneys’ fees arising in or from this action will be pursued
by any of the parties.
11 Dated: October 24, 2017
FARUQI & FARUQI LLP
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By: /s/ Richard W. Gonnello
Richard W. Gonnello (pro hac vice)
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685 Third Ave., 26th Floor
New York, NY 10017
Telephone: 212-983-9330
Facsimile: 212-983-9331
Email: rgonnello@faruqilaw.com
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Attorneys for Lead Plaintiff Joseph Tarzia
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18 Dated: October 24, 2017
COOLEY LLP
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By: /s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria (SBN 220934)
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John C. Dwyer
Jessica Valenzuela Santamaria
Jessie Simpson Lagoy
Brett De Jarnette
3175 Hanover Street
Palo Alto, CA 94304
Telephone: (650) 843-5000
Facsimile: (650) 849-7400
Email: jvs@cooley.com
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JOINT STIPULATION OF DISMISSAL
15-CV-3425 (HSG)
Attorneys for Defendants XOMA Corporation,
John W. Varian, Paul D. Rubin, and Kelvin
Neu
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ATTESTATION
I, Richard W. Gonnello, hereby attest that the other signatories listed, on whose behalf this
6 filing is submitted, concur in the filing’s content and have authorized the filing.
7 Dated: October 24, 2017
/s/ Richard W. Gonnello
Richard W. Gonnello
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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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Date: October 25, 2017
____________________________________
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE
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JOINT STIPULATION OF DISMISSAL
15-CV-3425 (HSG)
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