Bieber v. DirectTV, LLC

Filing 24

ORDER DIRECTING the Clerk of the Court to CLOSE the CASE signed by Magistrate Judge Sheila K. Oberto on 2/2/2017. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 MARK BIEBER, individually and on behalf of all others similarly situated, Plaintiff(s), 13 ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. 14 15 No. 1:16-cv-01037-DAD-SKO DIRECTV, LLC, (Doc. 23) Defendant. 16 17 On February 1, 2017, the parties filed a joint stipulation dismissing the action “with 18 19 prejudice as to the named Plaintiff, and without prejudice as to the Putative Class alleged in the 20 complaint, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).” (Doc. 23.) In light of the parties’ stipulation, this action has been terminated, see Fed. R. Civ. P. 21 22 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been 23 dismissed WITH PREJUDICE as to the named plaintiff, and WITHOUT PREJUDICE as to the 24 proposed class as defined in the complaint.1 Accordingly, the Clerk of the Court is directed to 25 1 The proposed class is defined in the complaint as follows: 26 27 28 All persons in the United States whose bank accounts were debited by Defendants [sic] without Defendants [sic] obtaining authorization for preauthorized electronic fund transfers within the one year prior to the filing of this Complaint. 1 close this case. 2 3 4 IT IS SO ORDERED. Dated: February 2, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sheila K. Oberto (Doc. 1 ¶ 16.) 2 .

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