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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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SHAHRIAR NOORPARVAR,
INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS
SIMILARLY SITUATED,

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Plaintiff,

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v.

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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

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ORDER GRANTING REQUEST FOR VOLUNTARY DISMISSAL
CASE NO.: 15-cv-02946-FMO-PLA
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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:

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1. Plaintiff’s individual claims in the above-captioned case are dismissed

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WITH PREJUDICE;

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2. Based on the declaration from Plaintiff’s counsel, there does not appear

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to be any evidence of collusion between the parties or their counsel

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regarding the individual settlement in this action. Additionally, there is

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no potential for prejudice to the putative class members’ claims, as the

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settlement in this matter extends only to the individual claims of Plaintiff,

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the Defendant has not answered the Complaint filed approximately two

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months ago on April 21, 2015, and Plaintiff requests the putative class

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members’ claims be dismissed without prejudice, see Hardman v. Tri-

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Financial, LLC, 2010 U.S. Dist. LEXIS 9996, *6 (S.D. Cal. Feb. 3, 2010)

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and Castro v. Zenith Acquisitions Corp., 2007 WL 8190, *2 (N.D. Cal.

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Jan. 9 2007). Consequently, notice to the putative class members of the

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dismissal is not required. Therefore, the putative class members’ claims

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in the above-captioned case are dismissed WITHOUT PREJUDICE.

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IT IS SO ORDERED.

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Date:

June 26, 2015

/s/
Hon. Fernando M. Olguin
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING REQUEST FOR VOLUNTARY DISMISSAL
CASE NO.: 15-cv-02946-FMO-PLA
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