Berg v. ARI Network Services Inc et al
Filing
8
ORDER signed by Judge J.P. Stadtmueller on 9/25/2017 ADOPTING 7 Parties' Joint Stipulation of Dismissal. Action DISMISSED with prejudice as to Plaintiff and DISMISSED without prejudice as to other members of the putative class. Parties to MEE T AND CONFER as to Plaintiff's counsel's claim for fees and expenses; parties to NOTIFY the Court if they are unable to reach agreement. Court RETAINS jurisdiction of this action for sole purpose of adjudicating potential fee petition; Parties' Stipulation is without prejudice with respect to prospective fee petition. See Order for further details. (cc: all counsel)(jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ROBERT BERG,
Plaintiff,
v.
Case No. 17-CV-1033-JPS-JPS
ARI NETWORK SERVICES INC.,
WILLIAM H. LUDEN, ROY W.
OLIVIER, CHAD J. COOPER,
WILLIAM C. MORTIMORE, ROBERT
Y. NEWELL, P. LEE POSEIDON,
EXPEDITION HOLDINGS LLC,
EXPEDITION MERGER SUB INC.,
and TRUE WIND CAPITAL LP,
ORDER
Defendants.
On September 22, 2017, the parties filed a joint stipulation of
dismissal of this action. (Docket #7). The parties seek dismissal of Plaintiff’s
claims with prejudice, those of the putative class members without
prejudice, and the Court’s retention of jurisdiction over a potential fee
dispute. Id. The Court will adopt that stipulation. See Fed. R. Civ. P.
41(a)(1)(A)(ii).
Accordingly,
IT IS ORDERED that the parties’ joint stipulation of dismissal
(Docket #7) be and the same is hereby ADOPTED;
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED with prejudice as to Plaintiff and without prejudice as
to the other members of the putative class; and
IT IS FURTHER ORDERED that the parties shall meet and confer
concerning Plaintiff’s counsel’s claim for fees and expenses. If the parties
are unable to reach agreement, they must notify the Court, which will set a
briefing schedule for the potential fee petition. The Court hereby retains
jurisdiction of this action for the sole purpose of adjudicating the potential
fee petition. The parties’ stipulation is without prejudice as to any position,
claim, or defense any party may assert with respect to the prospective fee
petition or any matter related thereto, which includes Defendants’ right to
challenge the basis for and the amount sought by the fee petition. Any fee
petition filed in this matter will be a joint submission with that in the Sean
Sharkey v. ARI Network Services, Inc., 17-CV-1012-JPS.
Dated at Milwaukee, Wisconsin, this 25th day of September, 2017.
BY THE COURT:
____________________________________
J. P. Stadtmueller
U.S. District Judge
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