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King v. Lenscrafters

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 8, 2010

BRIAN KING, MATTHEW SMELSER AND DAWN CONE, INDIVIDUALS, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED, PLAINTIFFS,
v.
LENSCRAFTERS, INC., LUXOTTICA GROUP S.P.A. AND DOES 1 THROUGH 100, DEFENDANTS.

The opinion of the court was delivered by: Hon. Susan Y. Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL

STIPULATION

IT IS HEREBY STIPULATED by and between all parties appearing in this action through their designated counsel that all individual claims of Plaintiffs BRIAN KING, DAWN CONE and MATTHEW SMELSER in the above-captioned action be and hereby are dismissed with 5 prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. THE PARTIES

FURTHER STIPULATE that all class and representative claims brought on behalf of others similarly situated in the above-captioned action be and hereby are dismissed without prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Each party shall bear their own attorneys' fees and costs.

Dated: July 2, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP Julie A. Totten Attorneys for LUXOTTICA RETAIL NORTH AMERICA, INC. D/B/A LENSCRAFTERS, INC.

Dated: July 2, 2010 HOFFMAN & LAZEAR Chad A. Saunders Attorneys for Plaintiffs

Pursuant to General Order No. 45, I hereby attest that I have concurrence to file this stipulation from all parties whose signatures are indicated by a "conformed" signature (/s/) within this e-filed document.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20100708

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