Valverde v. Cogent Communications Inc.

Filing 42

ORDER GRANTING 41 Stipulation of Dismissal filed by Cogent Communications Inc. ***ALL Deadlines terminated. The Clerk shall close this file. Signed by Judge Edward J. Davila on 1/10/2014. (ecg, COURT STAFF) (Filed on 1/10/2014)

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Attorneys for Defendant
COGENT COMMUNICATIONS, RICT
S DIST INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER VALVERDE, JR.,
an individual, on behalf of himself, and on
behalf of all persons similarly situated,

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Plaintiff,

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Case No.

Judge E

ER

dward J.

Davila

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RT

SAN JOSE DIVISION

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ERED

O ORD

IT IS S

NO

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Attorneys for Plaintiff
CHRISTOPHER VALVERDE, JR.

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REBECCA EISEN, SBN 96129
[e-mail]
THERESA MAK, SBN 211435
[e-mail]
ANDREW FREDERICK, SBN 284832
[e-mail]
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone: [phone]
Facsimile: 415.442.1001

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NORMAN B. BLUMENTHAL, SBN 068687
KYLE R. NORDREHAUG, SBN 205975
APARAJIT BHOWMIK, SBN 248066
RUCHIRA PIYA MUKHERJEE, SBN 274217
BLUMENTHAL, NORDREHAUG &
BHOWMIK
2255 Calle Clara
La Jolla, CA 92037
Tel: [phone]
Fax: [phone]
Website: www.bamlawca.com

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ED

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N

OF
5:13-cv-00876-EJDD IS T RIC T

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1/10/2014

JOINT STIPULATION OF DISMISSAL
FRCP 41(a)(1)(A)(ii)

v.
COGENT COMMUNICATIONS, INC.,
a Delaware corporation; and DOES 1 through
50, inclusive,

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Defendants.

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Plaintiff Christopher Valverde, Jr. (“Plaintiff”) and Defendant Cogent Communications,

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Inc. (“Cogent” or “Defendant”) (collectively, “the Parties”), by and through their respective

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counsel of record, enter into this Stipulation to dismiss all claims brought in the above-captioned

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action. The Parties hereby stipulate and agree as follows:

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M ORGAN , L EWIS &
B OCKIUS LLP

WHEREAS, Plaintiff’s First Amended Complaint (“FAC”) alleges individual claims on
behalf of the named Plaintiff as well as class and representative claims;
WHEREAS, Plaintiff has decided to dismiss this action pursuant to Federal Rules of Civil
Procedure (“FRCP”) Rule 41(a)(1)(A)(ii);
WHEREAS, under FRCP Rule 23, Court approval of the dismissal of Plaintiff’s class
Case No. 5:13-cv-00876-EJD
JOINT STIPULATION OF DISMISSAL [FRCP 41(A)(1)(A)(II)]

ATTORNEYS AT LAW
SAN FRANCISCO

EU1/ 52162341.2

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claims is not required because it is not a voluntary dismissal of “the claims, issues, or defenses of a

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certified class.” FRCP 23(e) (emphasis added); see also Advisory Committee Notes on 2003

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Amendments to Rule 23, Subdivision (e), Paragraph (1) (“[t]he new rule requires [court] approval

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only if the claims, issues or defenses of a certified class are resolved by … voluntary dismissal”)

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(emphasis added);

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the
Parties’ respective counsel, as follows:

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1.

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Plaintiff’s individual claims are hereby dismissed with prejudice pursuant to FRCP
Rule 41(a)(1)(A)(ii);

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2.

Plaintiff’s class action and representative action claims are hereby dismissed

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without prejudice to other aggrieved and/or putative class members, pursuant to

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FRCP Rule 41(a)(1)(A)(ii);

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3.

Plaintiff will not reassert or refile any class, collective, or representative action

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claims that were, or could have been, alleged in this action, including any claims

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under the Private Attorney General Act or the Fair Labor Standards Act; and

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4.

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The Parties will each bear their own costs and fees with respect to the prosecution
and defense of the claims asserted in the action. The

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Clerk shall close this file.

IT IS SO STIPULATED.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

EU1/ 52162341.2

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Case No. 5:13-cv-00876-EJD
JOINT STIPULATION OF DISMISSAL [FRCP 41(A)(1)(A)(II)]

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Dated: January 9, 2014

BLUMENTHAL, NORDREHAUG & BHOWMIK

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By

/s/ Aparajit Bhowmik
Aparajit Bhowmik
Attorneys for Plaintiff
CHRISTOPHER VALVERDE, JR.

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Dated: January 9, 2014

MORGAN, LEWIS & BOCKIUS LLP

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By

/s/ Andrew Frederick
Andrew Frederick
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

EU1/ 52162341.2

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Case No. 5:13-cv-00876-EJD
JOINT STIPULATION OF DISMISSAL [FRCP 41(A)(1)(A)(II)]