The opinion of the court was delivered by: Hon. Richard Seeborg
JOINT STIPULATION AND [PROPOSED] ORDER FOR (1) FILING OF AMENDED
COMPLAINT PURSUANT TO
FED. R. CIV. P. 15(a); AND ) (2) DISMISSAL PURSUANT TO
FED. R. CIV. P. 41(a)
WHEREAS, on November 4, 2011, Plaintiff filed his Class Action Complaint, alleging Defendant PHD Media LLC ("PHD") violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (Dkt. No. 1);
WHEREAS, PHD has not yet filed a responsive pleading in this matter; and Joint Stipulation for Filing of Amend Compl. and for DismissalCase No. 3:11-cv-05353 RS 2 obtained from third-parties, Plaintiff now wishes to file his First Amended Class 3
WHEREAS, based on informal discovery exchanged between the Parties and Action Complaint in the form attached as Exhibit A ("First Amended Complaint"), 4 and to dismiss his Complaint with prejudice as to Defendant PHD. 5 6 and Civil L.R. 7-12, IT IS STIPULATED by the Parties hereto, and the Parties 7 respectfully request that this Honorable Court order, that: 8
THEREFORE, pursuant to Federal Rules of Civil Procedure 15(a) and 41(a)
(i) Plaintiff will file his First Amended Complaint, pursuant to Rule 15(a); and
(ii) The action is dismissed with prejudice and without costs or fees as between Plaintiff Damasco and Defendant PHD Media LLC, and dismissed without prejudice and without costs or fees as to the claims of the members of the uncertified proposed class against Defendant PHD Media LLC.
Dated: May 15, 2012 EDELSON MCGUIRE, LLP DAVIS & GILBERT LLP /s/ Sean Reis /s/ Marc Rachman Sean P. Reis Marc Rachman 30021 Tomas Street, Suite 300 1740 Broadway Rancho Santa Margarita, CA 92688 New York, NY 10019 T: (949) 459-2124 T: (212) 468-4992 F: (949) 459-2123 F: (212) 621-0940 email@example.com firstname.lastname@example.org Attorneys for Plaintiff Attorneys for Defendant Jerome Damasco PHD Media, LLC
PURSUANT TO STIPULATION, IT IS SO ORDERED
Hon. Richard G. Seeborg United States District Court Judge
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