Denise Menichiello v. Jonathan Construction, Inc., et al

Filing 29

ORDER by Judge Josephine L. Staton that pursuant to the Joint Stipulation 27 , the entire case is dismissed with prejudice as to the Named Plaintiff and without prejudice as to the Putative Class. Each party shall bear their own costs and expenses. (Made JS-6. Case Terminated.) (jp)

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1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 DENISE MENICHIELLO, individually ) Case No. 8:17-cv-01867-JLS-DFM and on behalf of all others similarly ) situated, ) ORDER ) Plaintiff, ) ) vs. ) ) JONATHAN CONSTRUCTION, ) INC., and DOES 1 through 10, ) inclusive, and ) each of them, ) ) Defendants. ) ) 21 22 23 24 25 26 27 28 1 1 2 Having reviewed the parties’ Joint Stipulation (Doc. 27), the Declaration of Todd M. Friedman (Doc. 27-1) and the Settlement Agreement (Doc. 28), the 3 4 5 6 Court finds that the Settlement Agreement and dismissal of the Named Plaintiff’s claims do not raise concerns of prejudice to the putative class, as described in Diaz v. Trust Territory of the Pacific Islands, 876 F.2d 1401, 1408 (9th Cir. 7 8 9 1989). Therefore, IT IS HEREBY ORDERED that pursuant to the Joint 10 11 12 Stipulation, the entire case is dismissed with prejudice as to the Named Plaintiff and without prejudice as to the Putative Class. Each party shall bear their own 13 costs and expenses. 14 15 16 17 18 19 Dated: January 24, 2019 _______________________________ The Honorable Josephine L. Staton 20 21 22 23 24 25 26 27 28 2

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