Diana Solorio v. Sempris, LLC et al
ORDER APPROVING JOINT STIPULATION OF DISMISSAL WITH PREJUDICE by Judge Andre Birotte Jr.: Upon Stipulation 29 , the Court hereby orders that Plaintiff Diana Solorio's Complaint be dismissed with prejudice as to Plaintiff's individual claims and without prejudice as to the claims of the putative class members. ( Case Terminated. Made JS-6. ) (gk)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DIANA SOLORIO, Individually and
On Behalf of All Others Similarly
Case No.: 2:19-cv-05473-AB-PLA
ORDER APPROVING JOINT
STIPULATION OF DISMISSAL
Judge: Hon. André Birotte Jr.
Complaint Filed: June 24, 2019
SEMPRIS, LLC d/b/a PROVELL,
INC. d/b/a TASTE FOR SAVINGS;
and DOES 1 through 10, inclusive,
Having reviewed and considered the Joint Stipulation of Dismissal With
Prejudice, the Court hereby orders that Plaintiff Diana Solorio’s Complaint be
dismissed with prejudice as to Plaintiff’s individual claims and without prejudice
as to the claims of the putative class members.
Under Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii), the parties to an
action may dismiss the action without a court order by filing a stipulation of
dismissal signed by all parties who have appeared in the action.
Federal Rule of Civil Procedure 23(e) provides that the claims of a certified
class “may be settled, voluntarily dismissed, or compromised only with the court’s
approval.” Because no class has been certified in this action, the requirements of
Rule 23(e) do not apply to the Joint Stipulation.
The Court concludes that it is appropriate to approve the Joint Stipulation
and to dismiss Plaintiff’s individual claims with prejudice.
IT IS SO ORDERED.
Dated: October 10, 2019
The Honorable André Birotte Jr.
U.S. District Court Judge
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