Opinion
Jonas Mann, Of Attorneys for Plaintiff, SHARON NEWTON.
ROCHELLE L. WILCOX, (State Bar No. 197790), DAVIS WRIGHT TREMAINE LLP, Los Angeles, California.
STEPHEN M. RUMMAGE, (Admitted Pro Hac Vice) KENNETH E. PAYSON (Admitted Pro Hac Vice) DAVIS WRIGHT TREMAINE LLP, Seattle, WA, Attorneys for Defendant CLEARWIRE CORPORATION, erroneously sued as CLEARWIRE, INC.
JOINT STATUS REPORT, STIPULATION, AND ORDER DISMISSING ACTION
WILLIAM B. SHUBB, District Judge.
JOINT STATUS REPORT AND STIPULATION
On February 4, 2013, the parties filed a Joint Status Report [Dkt. 52] advising the Court that: (i) on December 20, 2012, the court in Dennings v. Clearwire Corporation, Case No. 2:10-cv-01859-JLR (W.D. Wash.), entered a Settlement Order and Final Judgment granting final approval of the parties' class action settlement which, among other things, resolved the claims Ms. Newton asserted in the above-captioned action; and (ii) on January 18, 2013, objectors Gordon Morgan and Jeremy De La Gaza filed a Notice of Appeal of the Settlement Order and Final Judgment.
On February 14, 2013, the Court entered an Order [Dkt. 53]: (i) vacating the scheduling conference scheduled for February 19, 2013; (ii) staying this matter until August 5, 2013; and (iii) ordering the parties to file a Joint Status Report no later than August 5, 2013.
On August 5, 2013, the parties filed a Joint Status Report [Dkt. 54] advising the Court that: (i) on April 22, 2013, the Ninth Circuit granted plaintiffs' motion for summary affirmance of the Dennings district court's Settlement Order and Final Judgment; (ii) the summary affirmance order became final on June 3, 2013; (iii) on May 3, 2013, the Dennings district court granted class counsel's motion for attorneys' fees and expenses; and (iv) on June 3, 2013, objectors appealed that order. The parties asked the Court to continue to stay this case pending final affirmance on appeal of the fee award in Dennings.
On August 7, 2013, the Court entered an order [Dkt. 55]: (i) staying the action until February 5, 2014; and (ii) ordering the parties to file a Joint Status Report no later than February 5, 2014.
The parties, by and through their attorneys of record, provide this Joint Status Report advising the Court that:
On June 28, 2013, Dennings Plaintiffs filed a motion for summary affirmance of the district court's order awarding attorneys' fees and expenses; On September 9, 2013, the Ninth Circuit granted Dennings Plaintiffs' motion for summary affirmance;
On September 19, 2013, the Dennings parties and objectors filed a stipulation dismissing the appeal without award of costs;
On September 27, 2013, the Ninth Circuit issued an order that the parties should bear their own costs on appeal pursuant to their stipulation;
On October 2, 2013, the Ninth Circuit issued its mandate, making effective its September 9, 2013, order granting summary affirmance.
With the settlement approval process in Dennings now having reached its conclusion, the parties stipulate and jointly request that the Court dismiss this action with prejudice and without award of costs to either party.
Respectfully submitted this 6th day of December, 2013.
ORDER
IT IS SO ORDERED.
This action is hereby DISMISSED with prejudice and without award of costs to either party.