Carlos Barrios v. Zico Beverages, LLC

Filing 40

ORDER GRANTING AMENDED Stipulation 39 of Dismissal Pursuant to FRCP 41(A)(1)(A)(II) by Judge Fernando M. Olguin that this action is DISMISSED, in its entirety. Plaintiff Carlos Barrios's individual claims are dismissed with prejudice. The putative class claims are dismissed without prejudice. Each party is to bear his or its own fees and costs. (Made JS-6. Case Terminated.) (jp)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION
CARLOS BARRIOS, individually, and
on behalf of a class of similarly situated
individuals,
Plaintiff,

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v.

CASE NO. 2:17-cv-01712-FMO (KSx)
ORDER GRANTING AMENDED
STIPULATION [39] OF DISMISSAL
PURSUANT TO FEDERAL RULE
OF CIVIL PROCEDURE
41(A)(1)(A)(II)

ZICO BEVERAGES LLC, a Delaware
limited liability company,

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Defendant.
Complaint Filed: March 2, 2017

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ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE
EAST\147896508.1

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that this

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action is DISMISSED, in its entirety. Plaintiff Carlos Barrios’s individual claims

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are dismissed with prejudice. The putative class claims are dismissed without

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prejudice. Each party is to bear his or its own fees and costs.

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Having considered the parties’ submissions and good cause appearing

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therefor, the Court determines that (1) this dismissal is not the product of

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collusion; and (2) the proposed dismissal will not prejudice absent putative class

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members “with a reasonable reliance expectation of the maintenance of the action

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for the protection of their interests.” Therefore, notice to the putative class

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members is not required.

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IT IS SO ORDERED.

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Dated: October 27, 2017

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By: _________/s/_________________
Hon. Fernando Olguin

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-1ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE
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