Shahriar Noorparvar v. Time Warner Cable Inc

Filing 18

ORDER DISMISSING CASE by Judge Fernando M. Olguin. The Court has considered the Notice of Voluntary Dismissal 17 and rules as follows: Plaintiff's individual claims are DISMISSED WITH PREJUDICE; the putative class members' claims are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. (Case Terminated. Made JS-6.) (cw)

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1 2 3 4 5 6 JS-6 7 8 9 10 11 12 13 14 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SHAHRIAR NOORPARVAR, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, 15 Plaintiff, 16 v. 17 18 19 TIME WARNER CABLE, INC., Defendant. Case No.: 15-CV-02946-FMO-PLA ORDER GRANTING REQUEST FOR VOLUNTARY DISMISSAL OF PLAINTIFF’S INDIVIDUAL CLAIMS WITH PREJUDICE AND THE PUTATIVE CLASS CLAIMS WITHOUT PREJUDICE Hon. Fernando M. Olguin 20 21 22 23 24 25 26 27 28 ORDER GRANTING REQUEST FOR VOLUNTARY DISMISSAL CASE NO.: 15-cv-02946-FMO-PLA 1 1 2 3 4 Having considered the unopposed request by Plaintiff SHAHRIAR NOORPARVAR (“Plaintiff”) for voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) supported by declaration, and following the Status Conference on June 25, 2015 (Dkt. No. 16), the Court hereby ORDERS as follows: 5 1. Plaintiff’s individual claims in the above-captioned case are dismissed 6 WITH PREJUDICE; 7 2. Based on the declaration from Plaintiff’s counsel, there does not appear 8 to be any evidence of collusion between the parties or their counsel 9 regarding the individual settlement in this action. Additionally, there is 10 no potential for prejudice to the putative class members’ claims, as the 11 settlement in this matter extends only to the individual claims of Plaintiff, 12 the Defendant has not answered the Complaint filed approximately two 13 months ago on April 21, 2015, and Plaintiff requests the putative class 14 members’ claims be dismissed without prejudice, see Hardman v. Tri- 15 Financial, LLC, 2010 U.S. Dist. LEXIS 9996, *6 (S.D. Cal. Feb. 3, 2010) 16 and Castro v. Zenith Acquisitions Corp., 2007 WL 8190, *2 (N.D. Cal. 17 Jan. 9 2007). Consequently, notice to the putative class members of the 18 dismissal is not required. Therefore, the putative class members’ claims 19 in the above-captioned case are dismissed WITHOUT PREJUDICE. 20 21 IT IS SO ORDERED. 22 23 24 25 26 Date: June 26, 2015 /s/ Hon. Fernando M. Olguin UNITED STATES DISTRICT JUDGE 27 28 ORDER GRANTING REQUEST FOR VOLUNTARY DISMISSAL CASE NO.: 15-cv-02946-FMO-PLA 2

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