Martinez v. Hall Management Corp. et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
HALL MANAGEMENT CORP.,
ORDER DISMISSING ACTION WITH
PREJUDICE PURSUANT TO THE PARTIES’
(Doc. No. 35)
The matter before the court is the parties’ joint stipulation and request for dismissal of the
entire action with prejudice. (Doc. No. 35.) For the reasons set forth below, this action will be
dismissed pursuant to the parties’ stipulation (Doc. No. 35).
On January 27, 2020, the assigned magistrate granted a stay of this action so the parties
could instead seek preliminary approval of the parties’ settlement of the related class action case
proceeding in Kern County Superior Court, No. BCV-19-101497 (the “Kern County action”).
(Doc. Nos. 21, 22, 24.) On August 11, 2020, the judge presiding over the Kern County action
granted preliminary approval of that class action settlement. (Doc. No. 32.) Notice of the
proposed settlement was mailed to the proposed class members, and the parties state no proposed
class member opted out. (Doc. No. 35 at 7.) On January 26, 2021, the judge presiding over the
Kern County Superior Court action granted final approval, finding the settlement fair, reasonable,
and adequate. (Id. at 2, 6.) The parties are now seeking a dismissal of the pending action because
the parties’ class action settlement has been approved through the Kern County Superior Court
As the assigned magistrate judge previously determined, the parties’ decision to seek state
court approval of the settlement of an identical class could be used to satisfy the requirements of
Federal Rule of Civil Procedure 23(e). (Doc. Nos. 21, 24.) This process has now been
completed, all issues related to class settlement have been addressed, including awarding
attorneys’ fees, settlement administrator costs, and plaintiff’s service award, so the pending case
may be closed in accordance with the terms of the parties’ stipulation.
This action is dismissed with prejudice in accordance with the terms of the parties’
The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
February 17, 2021
UNITED STATES DISTRICT JUDGE
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