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)
7
Attorneys for Defendant
COGENT COMMUNICATIONS, RICT
S DIST INC.
TE
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
13
CHRISTOPHER VALVERDE, JR.,
an individual, on behalf of himself, and on
behalf of all persons similarly situated,
14
Plaintiff,
15
16
17
Case No.
Judge E
ER
dward J.
Davila
H
12
RT
SAN JOSE DIVISION
11
ERED
O ORD
IT IS S
NO
9
C
TA
RT
U
O
8
Attorneys for Plaintiff
CHRISTOPHER VALVERDE, JR.
R NIA
6
FO
5
LI
4
A
3
REBECCA EISEN, SBN 96129
reisen@morganlewis.com
THERESA MAK, SBN 211435
tmak@morganlewis.com
ANDREW FREDERICK, SBN 284832
afrederick@morganlewis.com
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone: 415.442.1000
Facsimile: 415.442.1001
S
2
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: 858.551.1223
Fax: 858.551.1232
Website: www.bamlawca.com
UNIT
ED
1
N
OF
5:13-cv-00876-EJDD IS T RIC T
C
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,
18
Defendants.
19
20
Plaintiff Christopher Valverde, Jr. (“Plaintiff”) and Defendant Cogent Communications,
21
Inc. (“Cogent” or “Defendant”) (collectively, “the Parties”), by and through their respective
22
counsel of record, enter into this Stipulation to dismiss all claims brought in the above-captioned
23
action. The Parties hereby stipulate and agree as follows:
24
25
26
27
28
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
1
claims is not required because it is not a voluntary dismissal of “the claims, issues, or defenses of a
2
certified class.” FRCP 23(e) (emphasis added); see also Advisory Committee Notes on 2003
3
Amendments to Rule 23, Subdivision (e), Paragraph (1) (“[t]he new rule requires [court] approval
4
only if the claims, issues or defenses of a certified class are resolved by … voluntary dismissal”)
5
(emphasis added);
6
7
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the
Parties’ respective counsel, as follows:
8
1.
9
Plaintiff’s individual claims are hereby dismissed with prejudice pursuant to FRCP
Rule 41(a)(1)(A)(ii);
10
2.
Plaintiff’s class action and representative action claims are hereby dismissed
11
without prejudice to other aggrieved and/or putative class members, pursuant to
12
FRCP Rule 41(a)(1)(A)(ii);
13
3.
Plaintiff will not reassert or refile any class, collective, or representative action
14
claims that were, or could have been, alleged in this action, including any claims
15
under the Private Attorney General Act or the Fair Labor Standards Act; and
16
4.
17
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
18
Clerk shall close this file.
IT IS SO STIPULATED.
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO
EU1/ 52162341.2
2
Case No. 5:13-cv-00876-EJD
JOINT STIPULATION OF DISMISSAL [FRCP 41(A)(1)(A)(II)]
1
Dated: January 9, 2014
BLUMENTHAL, NORDREHAUG & BHOWMIK
2
By
/s/ Aparajit Bhowmik
Aparajit Bhowmik
Attorneys for Plaintiff
CHRISTOPHER VALVERDE, JR.
3
4
5
6
Dated: January 9, 2014
MORGAN, LEWIS & BOCKIUS LLP
7
By
/s/ Andrew Frederick
Andrew Frederick
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO
EU1/ 52162341.2
3
Case No. 5:13-cv-00876-EJD
JOINT STIPULATION OF DISMISSAL [FRCP 41(A)(1)(A)(II)]
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?