Martinez v. Hall Management Corp. et al

Filing 36

ORDER DISMISSING ACTION With Prejudice Pursuant to the Parties' Stipulation 35 signed by District Judge Dale A. Drozd on 2/17/2021. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIKA MARTINEZ,

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No. 1:19-CV-00343-DAD-BAM

Plaintiff,
v.
HALL MANAGEMENT CORP.,
Defendant.

ORDER DISMISSING ACTION WITH
PREJUDICE PURSUANT TO THE PARTIES’
STIPULATION
(Doc. No. 35)

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The matter before the court is the parties’ joint stipulation and request for dismissal of the

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entire action with prejudice. (Doc. No. 35.) For the reasons set forth below, this action will be

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dismissed pursuant to the parties’ stipulation (Doc. No. 35).

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On January 27, 2020, the assigned magistrate granted a stay of this action so the parties

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could instead seek preliminary approval of the parties’ settlement of the related class action case

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proceeding in Kern County Superior Court, No. BCV-19-101497 (the “Kern County action”).

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(Doc. Nos. 21, 22, 24.) On August 11, 2020, the judge presiding over the Kern County action

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granted preliminary approval of that class action settlement. (Doc. No. 32.) Notice of the

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proposed settlement was mailed to the proposed class members, and the parties state no proposed

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class member opted out. (Doc. No. 35 at 7.) On January 26, 2021, the judge presiding over the

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Kern County Superior Court action granted final approval, finding the settlement fair, reasonable,
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and adequate. (Id. at 2, 6.) The parties are now seeking a dismissal of the pending action because

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the parties’ class action settlement has been approved through the Kern County Superior Court

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action. (Id.)

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As the assigned magistrate judge previously determined, the parties’ decision to seek state

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court approval of the settlement of an identical class could be used to satisfy the requirements of

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Federal Rule of Civil Procedure 23(e). (Doc. Nos. 21, 24.) This process has now been

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completed, all issues related to class settlement have been addressed, including awarding

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attorneys’ fees, settlement administrator costs, and plaintiff’s service award, so the pending case

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may be closed in accordance with the terms of the parties’ stipulation.

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Accordingly,

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1.

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This action is dismissed with prejudice in accordance with the terms of the parties’
stipulation; and

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The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.
Dated:

February 17, 2021
UNITED STATES DISTRICT JUDGE

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