United States District Court, N.D. California
November 7, 2005.
DARRYL S. MAHONEY, Plaintiff,
JOHNSON & JOHNSON, a New Jersey Corporation; THE LONG-TERM DISABILITY INCOME PLAN FOR JOHNSON & JOHNSON & AFFILIATED COMPANIES; and the JOHNSON & JOHNSON PENSION COMMITTEE, Defendants.
The opinion of the court was delivered by: MARTIN JENKINS, District Judge
JOINT STIPULATION OF DISMISSAL [FED. R. CIV.P.41(a)(1)(ii)]
STIPULATION FOR DISMISSAL
WHEREAS, the parties agreed to settle the above-stated action
through Court-sponsored private mediation on October 6, 2005,
before the impartial mediator Judge Edward Infante;
WHEREAS, as part of the settlement, Plaintiff agreed to dismiss
her individual claims against Defendants with prejudice; WHEREAS, the First Amended Complaint in this matter pleads a
proposed class action;
WHEREAS, the parties have settled this case without
compromising the rights of the unnamed putative class members;
WHEREAS, the parties believe that Federal Rule of Civil
Procedure 23(e), and the Advisory Committee Note to the December
2003 revision to that rule, direct that settlement of a putative
class action prior to certification of a class does not require
Court approval; and
WHEREAS, if the Court were to so order, the parties will submit
their settlement for review by the Court, but, in such event, the
parties request that they first be allowed to make submissions to
the Court as to whether such review should be in camera or
NOW THEREFORE, the parties stipulate to the following:
1. Plaintiff's individual claims shall be dismissed with
prejudice pursuant to Federal Rule of Civil Procedure
2. The claims of any unnamed putative class members shall be
dismissed without prejudice. 3. Each party shall bear its own costs and attorney's fees.
IT IS SO ORDERED.
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