Opinion
Case No. C-99-0048-WHA
November 19, 2003
ORDER OF DISMISSAL
Before certification of a plaintiff class in this putative class action, the named Plaintiffs notified the Court that they had reached a settlement of their individual claims with Defendants. Plaintiffs requested voluntary dismissal of the case with prejudice to their claims, and without prejudice to the claims of any putative class member. In the exercise of its discretion, the Court ordered that notice be given to the putative class describing the circumstances surrounding the individual settlement and requested dismissal. Plaintiffs submitted, and the Court approved, a notice for individual mailing to putative class members and a summary notice for publication. Notice has been mailed and published in accordance with the Court's order. No putative class member has objected to the dismissal, sought to intervene, or initiated other litigation based on DNA Plant Technology Corporation preferred stock. The court therefore approves the requested dismissal.
Accordingly, it is hereby ordered that this action is dismissed with prejudice to the named Plaintiffs' individual claims, and without prejudice to the claims of any putative class member. The Clerk of the Court shall enter judgment for Defendants and close the file.
IT IS SO ORDERED.