Freely et al v. Lindell et al

Filing 45

ORDER granting 42 Stipulation of Dismissal without prejudice. Signed by Judge Andrew P. Gordon on 2/17/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-01738-APG-GWF Document 42 Filed 02/13/15 Page 1 of 3

1
J. RANDALL JONES, ESQ.

2 Nevada Bar No. 1927
KEMP, JONES & COULTHARD, LLP

3 3800 Howard Hughes Parkway, 17th Fl.
Las Vegas, NV 89169

4 Tel.: [phone]
Fax.: [phone]

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Attorneys for Plaintiffs

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Additional counsel on signature page

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RENE A. FEELEY AND BRIAN FEELEY,

10 individually and on behalf of all those similarly
situated,
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Plaintiffs,

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v.

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Case No. 2:14-CV-01738-APG-GWF
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITHOUT
PREJUDICE PURSUANT TO FED. R.
CIV. P. 41(a)

JODY LINDELL, JOHN MCLAUGHLIN,

14 PAUL SANDMAN, HAROLD SELICK, PH.D.,
DAVID W. GRYSKA,
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Defendants,

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-andPDL BIOPHARMA, INC.
Nominal Defendant.

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The parties hereby stipulate to the dismissal of this action without prejudice pursuant to
Fed. R. Civ. P. 41(a), and as grounds therefore state as follows:
WHEREAS, on September 18, 2014, Plaintiff Lee A. Hampe filed a putative class action
complaint in this Court asserting claims pursuant to Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 against PDL Biopharma, Inc. (“PDL”) and certain of its officers and
directors, entitled Hampe v. PDL Biopharma, Inc., et al., No. 2:14-CV-05126-APG (the
“Securities Class Action”);
WHEREAS, on October 20, 2014, Plaintiffs Rene A. Feeley and Brian Feeley filed the

STIPULATION AND [PROPOSED] ORDER

Case No. 2:14-CV-01738 -APG-GWF
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Case 2:14-cv-01738-APG-GWF Document 42 Filed 02/13/15 Page 2 of 3

1 above-captioned shareholder derivative complaint (the “Derivative Action”) based on similar facts
2 and allegations against Defendants Jody Lindell, John McLauglin, Paul Sandman, Harold Selick,
3 Ph.D., David W. Gryska, and Nominal Defendant PDL (together, “Defendants”);
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WHEREAS, by Stipulation and Order dated January 5, 2015 (dkt. no. 41), this Court

5 stayed this Derivative Action pending the disposition of a motion to dismiss the Securities Class
6 Action;
WHEREAS, the Stipulation and Order (dkt. no. 41) acknowledged that “dismissal of the

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8 Securities Class Action, if affirmed on appeal, would moot some, if not all, of the claims in the
9 Derivative Action[]”;
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WHEREAS, by Order dated February 2, 2015 (dkt. no. 31), the Securities Class Action

11 was voluntarily dismissed without prejudice;
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WHEREAS, after careful consideration, and in light of the dismissal of the Securities Class

13 Action, Plaintiffs wish to voluntarily dismiss the Derivative Action without prejudice pursuant to
14 Rule 41(a) of the Federal Rules of Civil Procedure;
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WHEREAS, neither Plaintiffs nor their counsel has received or will receive any

16 consideration for dismissing this action from Defendants or otherwise; and
WHEREAS, Fed. R. Civ. P. 23.1(c) provides that the Court’s approval is necessary to

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18 voluntarily dismiss a derivative action;
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the undersigned

20 parties, subject to the Court’s approval, as follows:
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1.

Pursuant to Fed. R. Civ. P. 41(a), this action is hereby dismissed without prejudice

22 as to all Defendants, with each side to bear its own attorneys’ fees and cost incurred in connection
23 with this action; and
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2.

The parties mutually agree not to seek or assert any claim against the other(s) or

25 their counsel for fees, expenses, costs, sanctions (including any claim under Fed. R. Civ. P. 11) in
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STIPULATION AND [PROPOSED] ORDER

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Case 2:14-cv-01738-APG-GWF Document 42 Filed 02/13/15 Page 3 of 3

1 connection with the filing, prosecution, defense or dismissal or this action and/or any other claim
2 that the above-captioned action was brought or defended in bad faith.
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Dated: February 13, 2015
KEMP, JONES & COULTHARD, LLP

PARSONS BEHLE & LATIMER

By:__/s/ Michael J. Gayan______________
J. Randall Jones, Esq.
Nevada Bar No. 1927
Michael J. Gayan
Nevada Bar No. 11135
3800 Howard Hughes Parkway, 17th Fl.
Las Vegas, NV 89169
Tel.: [phone]
Fax: [phone]

By: _/s/ Rew R. Goodenow____________
Rew R. Goodenow
Nevada Bar No. 3722
50 West Liberty Street, Suite 750
Reno, NV 89501
Tel.: [phone]
Fax: [phone]

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THE BRISCOE LAW FIRM
Willie C. Briscoe
8150 N. Central Expressway, Suite 1575
Dallas, TX 75206
Tel.: [phone]
[e-mail]
POWERS TAYLOR LLP
Patrick W. Powers
Meredith L. Black-Mathews
8150 N. Central Expressway, Suite 1575
Tel.: [phone]
[e-mail]
[e-mail]

SHEARMAN & STERLING LLP
Stuart J. Baskin
Brian H. Polovoy
599 Lexington Avenue
New York, NY 10022
Tel.: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants

Attorneys for Plaintiffs

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****

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IT IS SO ORDERED.

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Dated: February 17, 2015.
DATED: February __, 2015

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Hon. Andrew P. Gordon
United States District Judge

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STIPULATION AND [PROPOSED] ORDER

Case No. 2:14-CV-01738 -APG-GWF
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