STIPULATION TO DISMISS DEFENDANT INTELLICHECK, LLC 

CASE NO. 1:17-CV-00597-JST

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Patrick N. Keegan, Esq. (SBN 167698)

pkeegan@keeganbaker.com 

James M. Treglio, Esq. (SBN 228077) 

jtreglio@keeganbaker.com

KEEGAN & BAKER, LLP

6156 Innovation Way 

Carlsbad, CA 92009 

Tel: (760) 929-9303 

Fax: (760) 929-9260 

Attorney for Plaintiff JAMES CUNHA

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT CALIFORNIA

JAMES CUNHA, an individual, on behalf of 

himself and all others similarly situated,

Plaintiff,

v. 

INTELLICHECK, LLC, a California Limited 

Liability Company; PROPACIFIC FRESH, INC., 

a California Corporation, and DOES 1-100, 

Defendants.

Case No. 1:17-cv-00597-JST

STIPULATION TO DISMISS 

DEFENDANT INTELLICHECK, LLC 

FROM THE LAWSUIT

[Filed concurrently with (1) Declaration of 

Patrick N. Keegan; and (2) [Proposed] 

Order]

Judge: Hon. Jon S. Tigar 

Complaint Filed: December 20, 2016 

Second Amended Complaint Filed: June 30, 

2017 

Trial Date: None Set
2

STIPULATION TO DISMISS DEFENDANT INTELLICHECK, LLC 

CASE NO. 1:17-CV-00597-JST

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Pursuant to Federal Rule of Civil Procedure 41, Plaintiff James Cunha (“Cunha”) and Defendant 

IntelliCheck, LLC (“IntelliCheck”), by and through their counsel, hereby stipulate as follows: 

1. On June 30, 2017, Plaintiff filed his Second Amended Complaint (ECF No. 75) alleging 

claims against IntelliCheck in his First, Second and Fifth Claims for Relief. 

2. Plaintiff’s individual claims alleged against IntelliCheck in his Second Amended 

Complaint (ECF No. 75) are dismissed in their entirety and with prejudice. 

3. The claims alleged on behalf of a putative class against IntelliCheck in the Second 

Amended Complaint (ECF No. 75) are dismissed without prejudice. 

4. Each party shall bear its own attorneys’ fees and costs. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Date: September 20, 2017 KEEGAN & BAKER LLP

/s/ Patrick N. Keegan

Patrick N. Keegan

James M. Treglio

Attorney for Plaintiff

JAMES CUNHA

Date: September 20, 2017 SEYFARTH SHAW LLP

 /s/ John W. Drury 

Pamela Q. Devata

John W. Drury

Selyn Hong 

Attorney for Defendant 

INTELLICHECK, LLC
3

STIPULATION TO DISMISS DEFENDANT INTELLICHECK, LLC 

CASE NO. 1:17-CV-00597-JST

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

I, Patrick N. Keegan, attest that concurrence in the filing of this Stipulation has been obtained 

from the signatory, John W. Drury, counsel for Defendant IntelliCheck, LLC. 

Executed this 20th day of September, 2017 in San Francisco, California. 

By: /s/ Patrick N. Keegan 

 Patrick N. Keegan
4

STIPULATION TO DISMISS DEFENDANT INTELLICHECK, LLC 

CASE NO. 1:17-CV-00597-JST

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED 

1. Plaintiff’s individual claims alleged against IntelliCheck in his Second Amended 

Complaint (ECF No. 75) are dismissed in their entirety with prejudice. 

2. The claims alleged on behalf of a putative class against IntelliCheck in the Second 

Amended Complaint (ECF No. 75) in the First, Second and Fifth Claims for Relief are dismissed 

without prejudice. 

3. Each party shall bear its own attorneys’ fees and costs. 

DATED: ________________________ ____________________________________________ 

Hon. Jon S. Tigar 

United States District Court Judge 

September 20, 2017