The opinion of the court was delivered by: The Honorable Phyllis J. Hamilton United States District Court Judge
STIPULATION FOR DISMISSAL WITHOUT PREJUDICE OF CLASS ACTION COMPLAINT, AND FOR WAIVER OF FEES AND COSTS BY DEFENDANT AND ORDER TO THE HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
WHEREAS, Defendant Nordstrom, Inc. ("Defendant") filed a motion to dismiss or stay this action on March 22, 2011 (Dkt. No. 6);
WHEREAS, the Court granted Defendant's motion on May 5, 2011 and entered an order staying this case; and
WHEREAS, Plaintiff Nancy Dardarian ("Plaintiff") now seeks to dismiss her case from this Court, to re-file the same case in the Superior Court of California, County of Los Angeles, and to cooperate with Defendant in adding that case on to the existing state court coordination proceeding, JCCP No. 4651; and
WHEREAS, Defendant agreed that it would not seek costs or attorneys' fees from Plaintiff in connection with this dismissal of this case from this court;
NOW, THEREFORE, Plaintiff and Defendant hereby stipulate and agree that:
1. The Court should enter a dismissal without prejudice as to the entire above-entitled case; and
2. The Defendant will not move the Court for an award of costs or attorneys' fees in connection with this dismissal.
THE PARTIES SO STIPULATE.
Dated: June 1, 2011 HOFFMAN & LAZEAR By CHAD A. SAUNDERS Attorneys for Plaintiff NANCY DARDARIAN Dated: June 1, 2011 SHEPPARD MULLIN RICHTER & HAMPTON LLP By John Dineen Attorneys for Defendant NORDSTROM, INC.
[PROPOSED] ORDER PURSUANT TO THE PARTIES' STIPULATION, and good cause appearing therefore, IT IS HEREBY ORDERED that the entire case entitled Dardarian v. Nordstrom, Inc., No. 4:11-cv-4 00949-PJH, is dismissed without prejudice.
TES DISTRI A CT S T C D U E R O