Markette v. Xoma Corp et al

Northern District of California, cand-4:2015-cv-03425

ORDER by Judge Haywood S. Gilliam, Jr. Granting 114 Stipulation of Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)

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1 Benjamin Heikali SBN 307466 FARUQI & FARUQI, LLP 2 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 3 Telephone: 424-256-2884 Facsimile: 424-256-2885 4 E-mail: brohr@faruqilaw.com 5 Nadeem Faruqi (pro hac vice) Richard W. Gonnello (pro hac vice) 6 Katherine M. Lenahan (pro hac vice) Sherief Morsy (pro hac vice) 7 FARUQI & FARUQI, LLP 685 Third Ave., 26th Floor 8 New York, NY 10017 Telephone: 212-983-9330 9 Facsimile: 212-983-9331 E-mail: nfaruqi@faruqilaw.com 10 rgonnello@faruqilaw.com klenahan@faruqilaw.com 11 smorsy@faruqilaw.com 12 Attorneys for Lead Plaintiff Joseph Tarzia 13 Additional counsel on signature page 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 JOSEPH F. MARKETTE, on Behalf of Case No. 15-CV-3425 (HSG) Himself and All Others Similarly Situated, 18 STIPULATION AND ORDER OF DISMISSAL PURSUANT TO FEDERAL 19 Plaintiff, RULE OF CIVIL PROCEDURE v. 41(a)(1)(A)(ii) 20 CLASS ACTION XOMA CORPORATION, JOHN W. 21 VARIAN, and PAUL D. RUBIN, et. al., 22 Defendants. 23 24 25 26 27 JOINT STIPULATION OF DISMISSAL 28 15-CV-3425 (HSG) 1 WHEREAS, on July 24, 2015, Joseph F. Markette filed the above-captioned action on 2 behalf of himself and the public stockholders of XOMA Corporation ("XOMA") against XOMA, 3 John W. Varian, and Paul D. Rubin (ECF No. 1); 4 WHEREAS, on September 22, 2015, plaintiff Joseph Tarzia filed a Motion for 5 Appointment as Lead Plaintiff and Approval of Faruqi & Faruqi LLP as Lead Counsel (ECF No. 6 11); 7 WHEREAS, on May 13, 2016, the Court appointed Joseph Tarzia as Lead Plaintiff and 8 approved Lead Plaintiff's selection of Faruqi & Faruqi LLP as Lead Counsel (ECF No. 77); 9 WHEREAS, on July 8, 2016, Plaintiff filed an Amended Class Action Complaint (ECF No. 10 87), adding Kelvin Neu as a defendant (collectively with XOMA, Mr. Varian, and Dr. Rubin 11 "Defendants," and together with the Plaintiff, the "Parties"); 12 WHEREAS, no class has been certified; 13 WHEREAS, on September 28, 2017, the Court granted Defendants' Motion to Dismiss the 14 Amended Class Action Complaint without prejudice and entered an order requiring Plaintiff to file 15 and serve an amended class action complaint by October 26, 2017 (ECF No. 113); 16 WHEREAS, after conducting a thorough investigation, Plaintiff has decided not to file an 17 amended class action complaint and to voluntarily dismiss the above-captioned action, with 18 prejudice as to Plaintiff and his individual claims and without prejudice to the unnamed class 19 members, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure; 20 WHEREAS, no party asserts or contends that any of the Parties or their respective counsel 21 have at any time failed to comply with Rule 11 of the Federal Rules of Civil Procedure; 22 WHEREAS, the Parties agree that each Party shall bear its own costs, attorneys' fees, and 23 expenses and that no costs, sanctions, claims, or attorneys' fees arising in or from this action will 24 be pursued by any of the Parties. 25 26 27 1 JOINT STIPULATION OF DISMISSAL 28 15-CV-3425 (HSG) 1 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the 2 Parties, subject to the Court's approval, as follows: 3 1. Plaintiff voluntarily dismisses the above-captioned action with prejudice as to his 4 individual claims and without prejudice as to the unnamed class members pursuant to 5 Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure; 6 2. None of the Parties or their respective counsel have at any time failed to comply with 7 Rule 11 of the Federal Rules of Civil Procedure; and 8 3. The Parties shall each bear their own costs, attorneys' fees, and expenses and that no 9 costs, sanctions, claims, or attorneys' fees arising in or from this action will be pursued 10 by any of the parties. 11 Dated: October 24, 2017 FARUQI & FARUQI LLP 12 By: /s/ Richard W. Gonnello Richard W. Gonnello (pro hac vice) 13 685 Third Ave., 26th Floor 14 New York, NY 10017 Telephone: 212-983-9330 15 Facsimile: 212-983-9331 Email: rgonnello@faruqilaw.com 16 Attorneys for Lead Plaintiff Joseph Tarzia 17 18 Dated: October 24, 2017 COOLEY LLP 19 By: /s/ Jessica Valenzuela Santamaria Jessica Valenzuela Santamaria (SBN 220934) 20 21 John C. Dwyer 22 Jessica Valenzuela Santamaria Jessie Simpson Lagoy 23 Brett De Jarnette 24 3175 Hanover Street Palo Alto, CA 94304 25 Telephone: (650) 843-5000 Facsimile: (650) 849-7400 26 Email: jvs@cooley.com 27 2 JOINT STIPULATION OF DISMISSAL 28 15-CV-3425 (HSG) Attorneys for Defendants XOMA Corporation, 1 John W. Varian, Paul D. Rubin, and Kelvin Neu 2 3 4 ATTESTATION 5 I, Richard W. Gonnello, hereby attest that the other signatories listed, on whose behalf this 6 filing is submitted, concur in the filing's content and have authorized the filing. 7 Dated: October 24, 2017 /s/ Richard W. Gonnello 8 Richard W. Gonnello 9 10 * * * 11 12 13 14 15 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 16 17 Date: October 25, 2017 ____________________________________ 18 HONORABLE HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 3 JOINT STIPULATION OF DISMISSAL 28 15-CV-3425 (HSG)