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Kheder v. Aradigm Corporation, 3:18-cv-00261-VC. (2018)

Court: District Court, N.D. California Number: infdco20180514757 Visitors: 3
Filed: May 11, 2018
Latest Update: May 11, 2018
Summary: STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL UNDER FRCP 41 VINCE CHHABRIA , District Judge . Lead Plaintiff William Manghisi ("Plaintiff") and defendants Aradigm Corporation, Igor Gonda and Nancy E. Pecota (collectively, "Defendants"), and hereby stipulate as follows: WHEREAS, this action was filed on January 11, 2018; WHEREAS, pursuant to the Private Securities Litigation Reform Act, Plaintiff was appointed as Lead Plaintiff, and Levi & Korsinsky LLP was appointed as Lea
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STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL UNDER FRCP 41

Lead Plaintiff William Manghisi ("Plaintiff") and defendants Aradigm Corporation, Igor Gonda and Nancy E. Pecota (collectively, "Defendants"), and hereby stipulate as follows:

WHEREAS, this action was filed on January 11, 2018;

WHEREAS, pursuant to the Private Securities Litigation Reform Act, Plaintiff was appointed as Lead Plaintiff, and Levi & Korsinsky LLP was appointed as Lead Plaintiff's Counsel, on April 6, 2018 (Dkt. No. 27);

WHEREAS, this Court entered a scheduling order requiring Plaintiff to file an amended complaint by May 9, 2018 (Dkt. No. 30);

WHEREAS, Plaintiff wishes to dismiss this action pursuant to the terms of this Stipulation;

WHEREAS, no class has been certified in this action, no compensation or consideration has been or will be paid to Plaintiff, and no agreements or promises have been made other than what is expressly reflected in this Stipulation;

THEREFORE, the parties hereby stipulate and respectfully request that:

1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Parties jointly stipulate to the voluntary dismissal of the Action;

2. The Action shall be dismissed with prejudice as to Plaintiff;

3. The Action shall be dismissed without prejudice as to all other putative class members;

4. Because the dismissal is with prejudice as to Plaintiff only, and not as to any members of the putative class, notice of this dismissal is not required; and

5. Each Party shall be responsible for his, her or its own costs or fees associated with the Action.

Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in the filing of this stipulation.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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