Coffen v. Home Depot U.S.A. Inc.

Filing 31

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/5/16. (napS, COURT STAFF) (Filed on 12/5/2016)

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EDMUND T. WANG (SBN 278755)
[e-mail]
KING & SPALDING LLP
101 Second Street, Suite 2300
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
S. STEWART HASKINS (admitted pro hac vice)
[e-mail]
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309-3521
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
HOME DEPOT U.S.A., INC.
STEPHEN NOEL ILG (SBN 275599)
[e-mail]
ILG LEGAL OFFICE
555 California Street, Suite 4925
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
ELLEN COFFMAN

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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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ELLEN COFFMAN, on behalf of herself, all
others similarly situated, and the general
public,

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Plaintiff,
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v.

Case No. 4:16-cv-03302-PJH
Honorable Phyllis J. Hamilton
STIPULATION AND [PROPOSED]
ORDER OF VOLUNTARY DISMISSAL
FED. R. CIV. P. 41(a)(1)

HOME DEPOT U.S.A., INC., a Delaware
corporation, and DOES 1 through 100,
inclusive,
Defendants.

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STIPULATION OF VOLUNTARY DISMISSAL

CASE NO. 4:16-CV-03302-PJH

Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff ELLEN COFFMAN

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(“Plaintiff”) and Defendant HOME DEPOT U.S.A., INC. (“Defendant”), by and through the

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undersigned counsel of record, hereby stipulate that the above-entitled action shall be dismissed

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with prejudice as to all claims brought individually by Plaintiff and without prejudice as to all

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putative class claims, as follows:
WHEREAS this action was filed in the Superior Court of California, County of Sonoma

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on May 13, 2016 (see Dkt. No. 1-1), and removed to this Court on June 15, 2016 (Dkt. No. 1);

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WHEREAS Defendant filed a motion to dismiss on July 6, 2016 (Dkt. No. 10), and the

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Court granted Defendant’s motion to dismiss in part on June 29, 2016 (Dkt. No. 21);
WHEREAS Plaintiff filed a first amended complaint on October 5, 2016 (Dkt. No. 22),

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and Defendant’s response to the first amended complaint is not yet due (Dkt. No. 29);
WHEREAS Defendant has neither answered nor moved for summary judgment and no

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class certification motion has been filed;

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WHEREAS this action was filed as a class action but has not been certified as such;

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WHEREAS Plaintiff and her counsel have decided to voluntarily dismiss the individual

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claims of Plaintiff with prejudice;
WHEREAS dismissal of Plaintiff’s claims will not prejudice absent putative class

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members and will not affect their rights because no class has been certified;
WHEREAS, no notice need be sent to absent putative class members, because a class has

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not been certified, the case is in its infancy, the case has not been widely publicized, and no

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absent putative class member will be bound by the voluntary dismissal of Plaintiff’s claims.
NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED that the above-

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entitled action shall be dismissed with prejudice as to all claims brought individually by Plaintiff

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and without prejudice as to putative class claims.

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STIPULATION OF VOLUNTARY DISMISSAL

CASE NO. 4:16-CV-03302-PJH

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DATED: December 1, 2016

KING & SPALDING LLP
By:

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Attorneys for Defendant
HOME DEPOT U.S.A., INC.

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/s/ Edmund T. Wang
EDMUND T. WANG

DATED: December 1, 2016

ILG LEGAL OFFICE

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By:

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/s/ Stephen Noel Ilg
STEPHEN NOEL ILG
Attorneys for Plaintiff
ELLEN COFFMAN

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I, the undersigned, attest that concurrence in the filing of the document has been obtained

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from each of the other Signatories, which shall serve in lieu of their signatures on the document.

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DATED: December 1, 2016

By:

/s/ Edmund T. Wang

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IT IS SO ORDERED.

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NO

hyllis J.

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Judge P

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R NIA

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______________________________________
HONORABLE IS SO ORDERED J. HAMILTON
PHYLLIS
IT
United States District Judge
ilton
UNIT
ED

December 5, 2016
DATED: _____________________

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S DISTRICT
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Ham

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prejudice, with all parties to bear their own attorneys’ fees and costs.

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The stipulation of the Parties is approved. The entire action is hereby dismissed with

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[PROPOSED] ORDER

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D IS T IC T O
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STIPULATION OF VOLUNTARY DISMISSAL

CASE NO. 4:16-CV-03302-PJH

CERTIFICATE OF SERVICE

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I, the undersigned, certify that on this date, I electronically filed the foregoing document,
STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL, with the

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the following attorney of record and to all the parties appearing on the docket sheet:

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Stephen Noel Ilg
HOFFMAN EMPLOYMENT LAWYERS
580 California Street, Suite 1600
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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DATED: December 1, 2016

By:

/s/ Edmund T. Wang
EDMUND T. WANG

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Attorney for Defendant
HOME DEPOT U.S.A., INC.

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STIPULATION OF VOLUNTARY DISMISSAL

CASE NO. 4:16-CV-03302-PJH