Campbell et al v. Facebook Inc.

Filing 96

MOTION to Dismiss Claims and Withdraw David Shadpour as Putative Class Representative filed by Matthew Campbell, Michael Hurley, David Shadpour. Motion Hearing set for 9/9/2015 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 7/27/2015. Replies due by 8/3/2015. (Attachments: # 1 Proposed Order)(Sobol, Michael) (Filed on 7/13/2015)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 MATTHEW CAMPBELL, MICHAEL HURLEY, and DAVID SHADPOUR, on behalf of themselves and all others similarly situated, 10 Case No. C 13-05996 PJH [PROPOSED] ORDER GRANTING MOTION FOR WITHDRAWAL OF DAVID SHADPOUR AND DISMISSAL OF HIS CLAIMS WITHOUT PREJUDICE Plaintiffs, 11 v. 12 FACEBOOK, INC., 13 Defendant. 14 15 Having considered all the papers and pleadings on file, and for good cause appearing, this 16 Court hereby GRANTS Plaintiffs’ motion to withdraw David Shadpour as a putative class 17 representative and to dismiss his claims without prejudice. Such dismissal will not result in plain 18 legal prejudice to Defendant if it is not conditioned upon David Shadpour’s willingness to sit for 19 a deposition and provide outstanding discovery. 20 ACCORDINGLY, FOR GOOD CAUSE SHOWN, THE COURT HEREBY 21 ORDERS THAT: David Shadpour is dismissed from this action, without the condition that he sit 22 for a deposition or provide outstanding discovery, and without prejudice to his rights as an absent 23 member of the putative class. 24 IT IS SO ORDERED. 25 Dated: ______________ 26 _______________________________________ PHYLLIS J. HAMILTON United States District Judge 27 28 [PROPOSED] ORDER RE WITHDRAWAL OF SHADPOUR AND DISMISSAL OF CLAIMS WITHOUT PREJUDICE CASE NO. C 13-5996 PJH

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