Opinion
Case No. C04-03679 MJJ.
November 7, 2005
KAREN M. WAHLE O'MELVENY MYERS LLP, Washington, D.C., CHRIS A. HOLLINGER LARRY B. GARRETT Attorneys for Defendants.
JOHNSON JOHNSON, THE LONG-TERM, DISABILITY INCOME PLAN FOR JOHNSON JOHNSON AFFILIATED, COMPANIES, AND THE JOHNSON JOHNSON PENSION COMMITTEE, Attorneys for Defendants.
GEOFFREY WHITE LAW OFFICES OF GEOFFREY V. WHITE San Francisco, CA.
TERESA S. RENAKER LEWIS, FEINBERG, RENAKER JACKSON, Oakland, CA, Attorneys for Plaintiff, DARRYL S. MAHONEY.
JOINT STIPULATION OF DISMISSAL [FED. R. CIV.P.41(a)(1)(ii)]
STIPULATION FOR DISMISSAL
WHEREAS, the parties agreed to settle the above-stated action through Court-sponsored private mediation on October 6, 2005, before the impartial mediator Judge Edward Infante;
WHEREAS, as part of the settlement, Plaintiff agreed to dismiss her individual claims against Defendants with prejudice;
WHEREAS, the First Amended Complaint in this matter pleads a proposed class action;
WHEREAS, the parties have settled this case without compromising the rights of the unnamed putative class members;
WHEREAS, the parties believe that Federal Rule of Civil Procedure 23(e), and the Advisory Committee Note to the December 2003 revision to that rule, direct that settlement of a putative class action prior to certification of a class does not require Court approval; and
WHEREAS, if the Court were to so order, the parties will submit their settlement for review by the Court, but, in such event, the parties request that they first be allowed to make submissions to the Court as to whether such review should be in camera or otherwise;
NOW THEREFORE, the parties stipulate to the following:
1. Plaintiff's individual claims shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii); and
2. The claims of any unnamed putative class members shall be dismissed without prejudice.
3. Each party shall bear its own costs and attorney's fees.
IT IS SO ORDERED.