Bowles v. Leprino Foods Company et al

Filing 66

ORDER of DISMISSAL of Plaintiff's Lawsuit without Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 08/28/2024. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN D. BOWLES on behalf of
himself and all others similarly situated,

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[PROPOSED] ORDER OF
DISMISSAL OF PLAINTIFF’S
LAWSUIT WITHOUT PREJUDICE

Plaintiff,

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Case No. 1:19-cv-00635-JLT-BAM

v.
LEPRINO FOODS COMPANY, a
Colorado corporation, LEPRINO FOODS
DAIRY PRODUCTS COMPANY, a
Colorado corporation and DOES 1 through
50, inclusive,
Defendants.

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[PROPOSED] ORDER OF DISMISSAL OF PLAINTIFF’S LAWSUIT WITHOUT PREJUDICE

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On August 21, 2024, the parties in this action filed a stipulation of dismissal of

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the action without prejudice, with each party to bear their own fees and costs. (Doc.

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65.) The parties note that final approval was granted in Vazquez, et al. v. Leprino

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Foods Company, et al., Case No. 1:17-cv-00796-JLT-BAM, and that the instant

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Bowles lawsuit is completely subsumed by the Vasquez settlement. (Id. at 2.) The

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parties further note that no notice has been provided to the putative class members in

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the Bowles action, that they are unaware of any media attention given to the matter,

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that there are no rapidly approaching statute of limitation issues, that there are no class

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interests conceded, and that no notice need be provided to the putative class members

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as those points were already provided for in the Vasquez matter. (Id.) The parties state

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that dismissal of the matter will not prejudice the putative class members as the class

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claims in this matter have already been approved or resolved in prior cases. (Id.)

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In light of the stipulated dismissal, this action is terminated by operation of law

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without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). This Court

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VACATES all pending dates and matters, including the status conference set for

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September 11, 2024. The Clerk of the Court is directed to CLOSE THIS CASE.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 28, 2024

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER OF DISMISSAL OF PLAINTIFF’S LAWSUIT WITHOUT PREJUDICE