Opinion
Case No. 11-CV-3668-EMC
10-05-2011
TOBY AGUILAR, derivatively on behalf of OCLARO, INC., Plaintiff, v. BERNARD COUILLAUD, GREG DOUGHERTY, EDWARD COLLINS, LORI HOLLAND, GIOVANNI BARBAROSSA, ALAIN COUDER, JOEL A. SMITH III, JERRY TURIN, and JAMES HAYNES, Defendants. and OCLARO, INC., Nominal, Defendant.
By: Gidon M. Caine GIDON M. CAINE and JESSICA P. CORLEY ( pro hac vice ) ELIZABETH P. SKOLA ( pro hac vice ) Counsel for Nominal Defendant Oclaro, Inc. FINKELSTEIN THOMPSON LLP By: Mark Punzalan MARK PUNZALAN Counsel for Plaintiff Toby Aguilar
ALSTON & BIRD LLP
Jessica P. Corley (pro hac vice)
Elizabeth P. Skola (pro hac vice)
ALSTON & BIRD LLP
One Atlantic Center
Attorneys for Nominal Defendant
OCLARO, INC.
(Derivative Action)
STIPULATION AND [PROPOSED]
ORDER DISMISSING AGUILAR V.
COUILLAUD WITHOUT PREJUDICE
AND WITHOUT COSTS TO ANY
PARTY
WHEREAS, on July 26, 2011, plaintiff Toby Aguilar commenced a derivative action against nominal defendant Oclaro, Inc. ("Oclaro"), and defendants Alain Couder, Jerry Turin, James Haynes, Bernard Couillaud, Giovanni Barbarossa, Edward Collins, Greg Dougherty, Lori Holland, and Joel A. Smith III;
WHEREAS, on September 8, 2011, plaintiff served Oclaro, but has not served the other defendants;
WHEREAS, on September 14, 2011, this Court denied the motion to consolidate Aguilar's action into In re Oclaro, Inc. Derivative Litigation, Lead Case No. 11-CV-3176, without prejudice;
WHEREAS, the parties have met and conferred regarding dismissal of Aguilar's action;
WHEREAS, none of the defendants has provided or promised anything of value to plaintiff or plaintiff's counsel as an inducement to dismiss this action; and
WHEREAS, the parties concur that notice to Oclaro shareholders is not required since In re Oclaro Derivative Litigation has not been dismissed;
NOW THEREFORE, plaintiff and Oclaro, by and through their undersigned counsel, hereby stipulate as follows:
Aguilar v. Couillaud, No. 11-CV-3668-EMC (N.D. Cal. filed July 26, 2011), is hereby dismissed without prejudice and without costs to any party.
DATED: Menlo Park, California
September 26, 2011
ALSTON & BIRD LLP
By: Gidon M. Caine
GIDON M. CAINE
and
JESSICA P. CORLEY (pro hac vice)
ELIZABETH P. SKOLA (pro hac vice)
Counsel for Nominal Defendant Oclaro, Inc.
DATED: San Francisco, California
September 26, 2011
FINKELSTEIN THOMPSON LLP
By: Mark Punzalan
MARK PUNZALAN
Counsel for Plaintiff Toby Aguilar
[PROPOSED] ORDER
UPON STIPULATION OF THE PARTIES, AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT:
1. Aguilar v. Couillaud, No. 11-CV-3668-EMC (N.D. Cal. filed July 26, 2011) is hereby dismissed without prejudice and without costs to any party.
2. The parties need not provide notice of this dismissal to Oclaro, Inc.'s shareholders.
3. The clerk is directed to enter the dismissal of this action forthwith.
IT IS SO ORDERED.
DATED: San Francisco, California
September __, 2011
October 5, 2011
I, Gidon M. Caine, am the ECF User whose ID and password are being used to file this Joint Case Management Statement. In compliance with General Order No. 45, X.B., I hereby attest that Mark Punzalan has concurred in this filing.
GIDON M. CAINE