Michael Hahka v. Dairyland Milk Transport Co., LLC

Filing 33

STIPULATION and ORDER For DISMISSAL With Prejudice signed by District Judge Lawrence J. O'Neill on 9/11/2009. CASE CLOSED. (Jessen, A)

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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, MICHAEL HAHKA

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

MICHAEL HAHKA, Plaintiff, vs. DAIRYLAND MILK TRANSPORT, LLC, et al., Defendants.

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) CASE NO. 1:08-CV-0698-LJO-SMS ) ) STIPULATION FOR DISMISSAL WITH ) PREJUDICE; ORDER ) ) ) ) ) ) )

IT IS HEREBY STIPULATED by and between the named plaintiff MICHAEL HAHKA, through his counsel, and defendants DAIRYLAND MILK TRANSPORT, LLC, and WESTERN MILK TRANSPORT CO., LLC, through their counsel, that the above-captioned action against these defendants 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 is entering into a settlement with defendants prior to 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: [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
STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER CASE NO. 1:08-CV-F-0698-LJO-SMS

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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: September 10, 2009

LAW OFFICE OF JERRY BUDIN /s/ Jerry Budin Jerry Budin Attorney for Plaintiff, Michael Hahka

DATED: September 10, 2009 12 13 14 15 Transport Co., LLC 16 17 18 19 20 21 22 23 IT IS SO ORDERED. 24 25 26 27 28
STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER

SAGASER, JONES & HELSLEY /s/ Tracie L. Goodwin Tracie L. Goodwin Attorneys for Defendants, Dairyland Milk Transport Co.,LLC and Western Milk

ORDER Based on the foregoing and good cause appearing therefrom, IT IS HEREBY ORDERED that this matter be and is hereby dismissed with prejudice as to defendants Dairyland Milk Transport Co., LLC and Western Milk Transport Co., LLC. This case is closed.

Dated: b9ed48

September 11, 2009

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

CASE NO. 1:08-CV-F-0698-LJO-SMS