Filed: Oct. 25, 2017
Latest Update: Oct. 25, 2017
Summary: STIPULATION AND ORDER OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) CLASS ACTION HAYWOOD S. GILLIAM, Jr. , District Judge . WHEREAS, on July 24, 2015, Joseph F. Markette filed the above-captioned action on behalf of himself and the public stockholders of XOMA Corporation ("XOMA") against XOMA, John W. Varian, and Paul D. Rubin (ECF No. 1); WHEREAS, on September 22, 2015, plaintiff Joseph Tarzia filed a Motion for Appointment as Lead Plaintiff and Approval of Far
Summary: STIPULATION AND ORDER OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) CLASS ACTION HAYWOOD S. GILLIAM, Jr. , District Judge . WHEREAS, on July 24, 2015, Joseph F. Markette filed the above-captioned action on behalf of himself and the public stockholders of XOMA Corporation ("XOMA") against XOMA, John W. Varian, and Paul D. Rubin (ECF No. 1); WHEREAS, on September 22, 2015, plaintiff Joseph Tarzia filed a Motion for Appointment as Lead Plaintiff and Approval of Faru..
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STIPULATION AND ORDER OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii)
CLASS ACTION
HAYWOOD S. GILLIAM, Jr., District Judge.
WHEREAS, on July 24, 2015, Joseph F. Markette filed the above-captioned action on behalf of himself and the public stockholders of XOMA Corporation ("XOMA") against XOMA, John W. Varian, and Paul D. Rubin (ECF No. 1);
WHEREAS, on September 22, 2015, plaintiff Joseph Tarzia filed a Motion for Appointment as Lead Plaintiff and Approval of Faruqi & Faruqi LLP as Lead Counsel (ECF No. 11);
WHEREAS, on May 13, 2016, the Court appointed Joseph Tarzia as Lead Plaintiff and approved Lead Plaintiff's selection of Faruqi & Faruqi LLP as Lead Counsel (ECF No. 77);
WHEREAS, on July 8, 2016, Plaintiff filed an Amended Class Action Complaint (ECF No. 87), adding Kelvin Neu as a defendant (collectively with XOMA, Mr. Varian, and Dr. Rubin "Defendants," and together with the Plaintiff, the "Parties");
WHEREAS, no class has been certified;
WHEREAS, on September 28, 2017, the Court granted Defendants' Motion to Dismiss the Amended Class Action Complaint without prejudice and entered an order requiring Plaintiff to file and serve an amended class action complaint by October 26, 2017 (ECF No. 113);
WHEREAS, after conducting a thorough investigation, Plaintiff has decided not to file an amended class action complaint and to voluntarily dismiss the above-captioned action, with prejudice as to Plaintiff and his individual claims and without prejudice to the unnamed class members, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;
WHEREAS, no party asserts or contends that any of the Parties or their respective counsel have at any time failed to comply with Rule 11 of the Federal Rules of Civil Procedure;
WHEREAS, the Parties agree that each Party shall bear its own costs, attorneys' fees, and expenses and that no costs, sanctions, claims, or attorneys' fees arising in or from this action will be pursued by any of the Parties.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the Court's approval, as follows:
1. Plaintiff voluntarily dismisses the above-captioned action with prejudice as to his individual claims and without prejudice as to the unnamed class members pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;
2. None of the Parties or their respective counsel have at any time failed to comply with Rule 11 of the Federal Rules of Civil Procedure; and
3. The Parties shall each bear their own costs, attorneys' fees, and expenses and that no costs, sanctions, claims, or attorneys' fees arising in or from this action will be pursued by any of the parties.
ATTESTATION
I, Richard W. Gonnello, hereby attest that the other signatories listed, on whose behalf this filing is submitted, concur in the filing's content and have authorized the filing.
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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
