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)
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?