Free Motion to Withdraw - District Court of Delaware - Delaware

Case 1 :05-md-01717-JJF Document 327-2 Filed 11/21 /2006 Page 1 of 4
" IN THE UNITED STATES DISTRICT COURT
, FOR THE DISTRICT OF DELAWARE
IN RE: )
A )
i twist coma Mtcaovkocnssoa 5 MDL D°°k°‘ N°· 05*7*7 (UF)
ANTITRUST LITIGATION )

PHIL PAUL, on behalf of himself and all others )
similarly situated, )
. A I
P*a’““ffS· g c.A. N0. 05-4ss~1n= · ‘
vs. g CONSOLIDATED ACTION
INTEL CORPORATION, )
>
Defendant. )

)
· This document relates to: ) ‘
)
HUSTON FRAZIER, IEANNE COOK )
FRAZIER, and BRIAN WEINER, on behalf of )
themselves and all others similarly situated, )
) C.A. No. 05-780-JJF
Plaintiffs, )
I
vs. )
)
INTEL CORPORATION, )
)
Defendant. )

STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF BRIAN
WEINER’S MOTION TO WITHDRAW AS CLASS REPRESENTATIVE
Class Plaintiffs and defendant Intel Corporation (“Defendant") enter this
Stipulation to withdraw plaintiff Brian Weiner as named class representative in this action and
respectfully request that this Court grant plaintiff Brian Weiner’s Motion to Withdraw As Class
Representative. ·
v4s4s>.1

Case 1:05-md-01717-JJF Document 327-2 Filed 11/21/2006 Page 2 of 4
IT IS HEREBY STIPULATED AND AGREED between Class Plaintiffs and
Defendant, by and though their counsel of record, that
1. On July 11, 2005 Brian Weiner, with class representatives Huston `
Frazier and Jeanne Cook Frazier filed an action in the Northern District of California a class
representative in Case No. C 05—2813 (N.D. Cal.); and
2. Following the November 8, 2005 Transfer Order issued by the Judicial
Panel on Multidistrict Litigation, that case was transferred from the Northern District of - i
California to this Court and designated by this Court as Case No. 1:O5—cv·00780-JJP; and
2. Plaintiff Brian Weiner will voluntarily withdraw as named class
representative and will not serve at any time in the future as named class representative in the
above entitled action; and
. 3. Nothing stated herein prevents plaintiff Brian Weiner from participating
in the above referenced case as absent class member in any manner; and
· ` 4. Defendant expressly disclaims any position as to whether plaintiff Brian
Weiner’s voluntary withdrawal as a class representative will or will not benefit absent class
members; and
A l 5. Defendant will withdraw all outstanding discovery, if any, propounded
to plaintiff Brian Weiner; and
6. Defendant will propound no firture discovery on plaintiff Brian Weiner in
this action; and
7. Defendant shall not seek any costs, in any form, from plaintiff Brian
Weiner; and
8. Defendant shall not oppose Brian Weiner‘s Motion To Withdraw As
Class Representative.
74549.1 -2-

Case 1:05-md-01717-JJF Document 327-2 Filed 11/21/2006 Page 3 of 4
. SO STIPULATED: `
Dated: November M 2006. Dated: November Q 2006.
By.
Michael P. Lehmann ichele C. Jac son
Thomas P. Dove LIEFF CABRASER HEIMANN &
Alex C. '1`uran BERNSTEIN, LLP
FURTH LEHMANN & GRANT LLP Embarcadero Center West
225 Bush Street, 15th Floor 275 Batter Street, 30th Floor
San Francisco, CA 94104 San Francisco, CA 94111
Telephone: (415) 433-2070 Telephone: (415) 956-1000
Michael D. Hausfeld Counsel for Plaintiff Brian Weiner
Daniel A. Small
Brent W. Landau A
. COHEN MILSTEIN HAUSFELD Dated: Novembergil 2006.
& TOLL, P.L.L.C. ‘ _
1100 New York Avenue, N.w. 5
Suite 500, West Tower w
Washington, DC 20005 “ ichar pley
Telephone; (202) 408-4600 BINGHAM McCUTCI· N LLP
2020 K Street, N.W.
Steve W. Berman Washington, DC 20006
Anthony D. Shapiro Telephone: (202) 373-6000
HAGENS BERMAN SOBOL
SHAPIRO LLP Counsel for Defendant Intel Corporation
1301 Fi&h Avenue, Suite 2900
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Guido Saveri
R. Alexander Saveri
SAVERI & SAVER1, INC.
111 Pine Street, Suite 1700 `
San Francisco, CA 94111
Telephone: (415) 217-6810
Facsimile: (415)217-6813
Interim Class Counsel, MDL 1717
745491 -3-

Case 1:05-md-01717-JJF Document 327-2 Filed 11/21/2006 Page 4 of 4
ORDER
Based on the Stipulation between Class Plaintiffs, plaintiff Brian Weiner and
Defendant and GOOD CAUSE appearing, and the Court, having considered plaintiff Brian
Weiner’s Motion to Withdraw as Class Representative, all papers tiled with that motion, and
all other pertinent documents and pleadings tiled in this action, IT IS HEREBY ORDERED —
that plaintiff Brian Weiner’s Motion To Withdraw As Class Representative is GRANTED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: .
By:
HONORABLE JOSEPH J. FARNAN, JR.
. UNITED STATES DISTRICT JUDGE
DISTRICT OF DELAWARE
74549.1 U —4—