Roberson vs. Danny Ontiverous Trucking, et al.

Filing 46

ORDER DISMISSING Action With Prejudice Based on the Parties' Stipulation, Signed by District Judge Lawrence J. O'Neill on 4/30/2009. (Arellano, S.)

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Jerry N. Budin State Bar #88539 Law Office of Jerry Budin 2401 E. Orangeburg Ave., Ste. 675-309 Modesto, California 95355 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff, PAUL ROBERSON

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (Fresno Division)

PAUL ROBERSON, Plaintiff, vs. DANNY ONTIVEROS TRUCKING, DANNY ONTIVEROS, Defendants.

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CASE NO. 1:08-CV-F-0552-LJO-SMS STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER

IT IS HEREBY STIPULATED by and between the named plaintiff PAUL ROBERSON, through his counsel, and defendants, DANNY ONTIVEROS and DANNY ONTIVEROS DBA DANNY ONTIVEROS TRUCKING, that the abovecaptioned action shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). This stipulation is based on the fact that the named plaintiff entering into a settlement with defendants prior to any

certification of any classes with respect to the defendants. Under the text of F.R.C.P. Rule 23(e), adopted in 2003, such a settlement does not require court approval:
STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER CASE NO. 1:08-CV-F-0552-LJO-SMS

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[P]rior to certification, the named plaintiffs may dismiss class claims without court approval. The named plaintiffs may settle or voluntarily dismiss their own claims just as in an individual action...in which case the class claims would have to be dismissed as well. Rule 23(e) does not provide the District Courts with any supervisory authority over such dismissals, nor does it require notice to the absent class members. 5 Moore's Federal Practice (3d Ed. 2005), §23.64(2)(a), p. 23-315. See also F.R.C.P. 23, Advisory Committee Note of 2003 ("The new rule requires approval only if the claims, issues or defenses of a certified class are resolved by settlement, voluntary dismissal or compromise.")(Emphasis added). DATED: April 29, 2009 LAW OFFICE OF JERRY BUDIN /s/ Jerry Budin Jerry Budin Attorney for Plaintiff, PAUL ROBERSON DATED: April 29, 2009

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STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER CASE NO. 1:08-CV-F-0552-LJO-SMS

/s/ Danny Ontiveros (Original Signature retained by attorney) Danny Ontiveros and Danny Ontiveros dba Danny Ontiveros Trucking, Dendants In Propria Persona

1 ORDER 2 Based on the foregoing and good cause appearing therefrom, 3 IT IS HEREBY ORDERED that this matter be and is hereby 4 dismissed with prejudice. 5 IT IS SO ORDERED. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER CASE NO. 1:08-CV-F-0552-LJO-SMS

This case is closed.

Dated: b9ed48

April 30, 2009

/s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE