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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIKA MARTINEZ, 12 13 14 15 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) 16 17 18 The matter before the court is the parties’ joint stipulation and request for dismissal of the 19 entire action with prejudice. (Doc. No. 35.) For the reasons set forth below, this action will be 20 dismissed pursuant to the parties’ stipulation (Doc. No. 35). 21 On January 27, 2020, the assigned magistrate granted a stay of this action so the parties 22 could instead seek preliminary approval of the parties’ settlement of the related class action case 23 proceeding in Kern County Superior Court, No. BCV-19-101497 (the “Kern County action”). 24 (Doc. Nos. 21, 22, 24.) On August 11, 2020, the judge presiding over the Kern County action 25 granted preliminary approval of that class action settlement. (Doc. No. 32.) Notice of the 26 proposed settlement was mailed to the proposed class members, and the parties state no proposed 27 class member opted out. (Doc. No. 35 at 7.) On January 26, 2021, the judge presiding over the 28 Kern County Superior Court action granted final approval, finding the settlement fair, reasonable, 1 1 and adequate. (Id. at 2, 6.) The parties are now seeking a dismissal of the pending action because 2 the parties’ class action settlement has been approved through the Kern County Superior Court 3 action. (Id.) 4 As the assigned magistrate judge previously determined, the parties’ decision to seek state 5 court approval of the settlement of an identical class could be used to satisfy the requirements of 6 Federal Rule of Civil Procedure 23(e). (Doc. Nos. 21, 24.) This process has now been 7 completed, all issues related to class settlement have been addressed, including awarding 8 attorneys’ fees, settlement administrator costs, and plaintiff’s service award, so the pending case 9 may be closed in accordance with the terms of the parties’ stipulation. 10 Accordingly, 11 1. 12 13 14 15 This action is dismissed with prejudice in accordance with the terms of the parties’ stipulation; and 2. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: February 17, 2021 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?