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GARDNER v. TITAN PHARMACEUTICALS

January 5, 2004.

JOSEPH GARDNER and CHAIM NUNBERG, On Behalf of Himself and All Others Similarly Situated, Plaintiffs,
v.
TITAN PHARMACEUTICALS, INC., LOUIS R. BUCALO, SUNIL BHONSLE, RICHARD C. ALLEN and ROBERT E. FARRELL, Defendants



The opinion of the court was delivered by: CHARLES BREYER, District Judge

CLASS ACTION

NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(A)(1) Page 2

  TO: ALL PARTIES AND THEIR COUNSEL OF RECORD

  WHEREAS, class members Joseph Gardner and Chaim Nunberg filed a class action complaint on behalf of themselves and all others similarly situated against Titan Pharmaceuticals, Inc., Louis R. Bucalo, Sunil Bhonsle, Richard C. Allen and Robert E. Farrell on December 11, 2003 captioned Gardner, et al. v. Titan Pharmaceuticals, Inc., et al, Case No. C-03-5575-CRB ("Complaint"); and

  WHEREAS, class members Joseph Gardner and Chaim Nunberg have consented to voluntary dismissal of this action and withdrawal of their counsel's representation;

  NOW, THEREFORE, NOTICE IS HEREBY GIVEN that:

  1. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Joseph Gardner and Chaim Nunberg voluntarily dismisses the Complaint of this action without prejudice; and

  2. Milberg Weiss Bershad Hynes & Lerach LLP and Rabin, Murray & Frank LLP hereby withdraw from representation of Joseph Gardner and Chaim Nunberg's interests in this action.

20040105

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