H Sheff B Sheff-Meiselman K Sheff David Sheff Family Trust U/A DTD 09/06/2016 v. Woodman et al

Filing 34

ORDER DISMISSING CASE WITHOUT PREJUDICE. Court DENIES AS MOOT Plaintiff's motion to seal 4 and Defendants' motion to dismiss 27 . Signed by Judge Claudia Wilken on 2/23/18. (fs, COURT STAFF) (Filed on 2/23/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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H SHEFF B SHEFF-MEISELMAN K
SHEFF DAVID SHEFF FAMILY TRUST
U/A DTD 09/06/2016,
derivatively on behalf of
GOPRO, INC.,

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Plaintiff,

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Case No. 17-cv-06504-CW
ORDER OF DISMISSAL WITHOUT
PREJUDICE
(Dkt. No. 4, 27, 33)

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United States District Court
Northern District of California

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v.
NICHOLAS D. WOODMAN, BRIAN
MCGEE, ANTHONY BATES, KENNETH
GOLDMAN, PETER GOTCHER,
ALEXANDER LURIE, MICHAEL MARKS
and EDWARD GILHULY,

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Defendants,

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and

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GOPRO, INC.,

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Nominal Defendant.

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On February 22, 2018, Plaintiff filed a notice of voluntary

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dismissal without prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(i).

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action.

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41(a)(1)(A), it may not be voluntarily dismissed without the

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Court’s approval.

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This is a shareholder derivative

Pursuant to Federal Rules of Civil Procedure 23.1(c) and

The Court construes Plaintiff’s notice of voluntary

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dismissal as a motion for dismissal without prejudice.

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construed, the motion (Docket No. 33) is GRANTED in light of the

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early stage of this litigation and the issues raised in

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Defendants’ pending motion to dismiss on forum non conveniens and

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ripeness grounds.

So

This action is hereby DISMISSED WITHOUT

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PREJUDICE.
The Court DENIES AS MOOT Plaintiff’s motion to seal (Docket

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No. 4), see Civil L.R. 79-5(f)(2), and Defendants’ motion to

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dismiss (Docket No. 27).

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IT IS SO ORDERED.

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Dated: February 23, 2018
CLAUDIA WILKEN
United States District Judge

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United States District Court
Northern District of California

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