Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1:08-cv-00406-JJF

Document 4

Filed 08/28/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) IN RE: INTEL CORP. MICROPROCESSOR ) ANTITRUST LITIGATION ) ) ) PHIL PAUL, on behalf of himself ) and all others similarly situated, ) ) Plaintiffs, ) v. ) ) INTEL CORPORATION, ) ) Defendant. ) ) ) CAMMY NELSON and PAUL ROTH, on ) behalf of themselves and all others ) similarly situated, ) ) Plaintiffs, ) ) v. ) ) INTEL CORPORATION, ) ) Defendant. ) )

MDL Docket No. 05-1717-JJF

Civil Action No. 05-485-JJF CONSOLIDATED ACTION

Civil Action No. 08-406-JJF

STIPULATION OF DISMISSAL AS TO PLAINTIFF PAUL ROTH WHEREAS plaintiffs Cammy Nelson and Paul Roth filed the above-captioned class action against Intel Corporation on July 3, 2008; WHEREAS plaintiff Paul Roth no longer wishes to participate as a named plaintiff, but wishes to preserve his claims as a member of the putative class; WHEREAS Cammy Nelson will continue to serve as a representative of the putative class;

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Case 1:08-cv-00406-JJF

Document 4

Filed 08/28/2008

Page 2 of 2

WHEREAS defendant Intel Corporation does not object to the dismissal of Paul Roth's claims without prejudice to his rights as a member of the putative class, as provided herein; and WHEREAS the dismissal of Paul Roth's claims as provided herein is not intended to affect the claims asserted by Cammy Nelson in this action; NOW THEREFORE, the parties, by and through their respective counsel, hereby stipulate and agree pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that the claims asserted by Paul Roth shall be dismissed without prejudice, without costs and without waiver of Mr. Roth's rights as a member of the putative class in this action. PRICKETT, JONES & ELLIOTT, P.A. By: /s/ J. Clayton Athey James L. Holzman (#663) J. Clayton Athey (#4378) Laina M. Herbert (#4717) 1310 King Street P.O. Box 1328 Wilmington, DE 19899 (302) 888-6500 [email protected] [email protected] [email protected] Interim Liaison Counsel and Attorneys for Phil Paul, on behalf of himself and all others similarly situated By: POTTER ANDERSON & CORROON LLP /s/ W. Harding Drane, Jr. Richard L. Horwitz (#2246) W. Harding Drane, Jr. (#1023) 1313 North Market Street P.O. Box 951 Wilmington, DE 19899 (302) 984-6027 [email protected] [email protected]

Attorneys for Intel Corporation and Intel Kabushiki Kaisha

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