Opinion
Case No.: 03 CV 0052WQH (JFS).
September 28, 2005
HULETT HARPER STEWART LLP, KIRK B. HULETT, SBN, BLAKE M. HARPER, SBN, JENNIFER A. KAGAN, SBN, San Diego, CA. Attorneys for Kathie Doyle-Thomas.
SMYLIE VAN DUSEN, WILLIAM B. VAN DUSEN, SBN, SCOTT A. SMYLIE, SBN, San Diego, CA, Attorneys for Kathie Doyle-Thomas.
Christopher Q. Britton, Lee Burdick, Nandita Murthy, FERRIS BRITTON, San Diego, CA, Attorneys for COX MEDIA, INC., a Delaware Corporation, (Formerly Known as CableRep, Inc. dba CableRep Advertising).
NOTICE OF DISMISSAL WITH PREJUDICE
WHEREAS, this matter having come before the Court for hearing on July 15, 2005, on the application of the Settling Parties for approval of the Settlement set forth in the Joint Stipulation and Settlement and Release (the "Stipulation");
WHEREAS, due and adequate notice having been given of the Settlement, and the Court having considered all papers filed, objections raised, and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefore;
WHEREAS, by Order dated September 12, 2005, the Court approved the Settlement, and
NOW THEREFORE, Plaintiff, on behalf of herself and all others similarly situated, except as to individual claimants of any persons who validly and timely requested exclusion from the Settlement Class, the above-captioned action as well as all of the released claims are dismissed with prejudice as to the Representative Plaintiffs and the Members of the Settlement Class, and as against the Released Persons. The parties are to bear their own costs and attorneys' fees, except as otherwise provided in the Stipulation and September 12, 2005 Order of the Court.
Without affecting the finality of this Dismissal in any way, the Court retains continuing jurisdiction over: (a) implementation of this Settlement and any award or distribution of the Settlement Fund; (b) disposition of the Settlement Fund; and (c) all parties hereto for the purpose of construing, enforcing, and administering the Stipulation.