Arik Lainer v. Citigroup Inc.

Filing 32

ORDER RE NOTICE OF DISMISSAL by Judge Fernando M. Olguin. The action is dimissed with prejudice as to plaintiff and without prejudice as to the class. (Case Terminated; Made JS-6) (vdr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 ARIK LAINER, on behalf of himself and all others similarly situated, Plaintiffs, 13 14 15 16 v. CITIGROUP INC. d/b/a CITIBANK N.A., Defendant. 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 16-3466 FMO (RAOx) ORDER RE NOTICE OF DISMISSAL 18 The complaint in the above-captioned case contains individual and class allegations, but 19 no answer has been filed and aside from defendant’s filing of a motion to dismiss and motion to 20 strike, no action has been taken in the matter. Now, the court is informed that the “case has been 21 settled in its entirety” and that plaintiff anticipates filing a request for dismissal “of this action in its 22 entirety with prejudice.[.]” (See Dkt. 31, Notice of Settlement). The Notice of Settlement does not 23 mention the class allegations. (See, generally, id.). 24 “The claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, 25 or compromised only with the court’s approval.” Fed. R. Civ. P. 23(e). Because the putative class 26 has not been certified, the parties need not obtain court approval before dismissing the class 27 allegations without prejudice. 28 1 Having reviewed the case file and determined that no prejudice to the class will result from 2 the dismissal, IT IS ORDERED that the above-captioned action is hereby dismissed with 3 prejudice as to plaintiff and without prejudice as to the class. The dismissal shall be without costs 4 and plaintiff shall retain the right, upon good cause shown within 45 days from the filing date of 5 this Order, to re-open the action if settlement is not consummated. The court retains full 6 jurisdiction over this action and this Order shall not prejudice any party to this action 7 Dated this 22nd day of September, 2016. 8 9 /s/ Fernando M. Olguin United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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