Rizvanovic v. Amazon.com Services, LLC

Filing 50

ORDER Directing Clerk of Court to Close Case Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, signed by Magistrate Judge Christopher D. Baker on 07/03/2024. CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 MICHELLE RIZVANOVIC, individually and on behalf of all others similarly situated, Plaintiff, 13 v. 14 15 16 Case No. 1:21-cv-01804-JLT-CDB ORDER DIRECTING CLERK OF COURT TO CLOSE CASE PURSUANT TO RULE 41(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE AMAZON.COM SERVICES LLC, Defendant. (Doc. 49) 17 18 On November 4, 2021, Plaintiff Michelle Rizvanovic (“Plaintiff”) filed an unverified 19 putative class action complaint in the Superior Court of the State of California, County of Kern. 20 (Doc. 1). Defendant Amazon.com Services, LLC (“Defendant”) removed the action to this Court 21 on December 22, 2021. Id. Defendant thereafter filed a motion to dismiss the class action 22 complaint or, in the alternative, motion to strike Plaintiff’s class allegations. (Doc. 15). 23 On April 30, 2024, the Court granted in part and denied in part Defendant’s motion. 24 (Doc. 42). The Court found it necessary to dismiss Plaintiff’s class allegations because she 25 brought a proposed class with claims that exceeded the pertinent statute of limitations. Id. at 25. 26 However, the Court found the request to strike the class allegations was premature and denied the 27 motion to strike class allegations. Id. at 26. On June 3, 2024, the parties filed a notice of 28 settlement. (Doc. 45). 1 Pending before the Court is the parties’ stipulation to dismiss the action with prejudice as 2 to Plaintiff’s individual claims and the putative class action claims without prejudice. (Doc. 49). 3 The parties’ stipulation of dismissal comports with the requirements of Fed. R. Civ. P. 41(a)(1)(ii) 4 and Plaintiff is entitled to dismiss the individual claims (at least) without a court order. In a class 5 action, however, court approval of dismissal may be required under Rule 41(a)(2) if the class has 6 been certified. Specifically, Rule 23(e) provides that any claims arising out of either a (1) 7 “certified class” or (2) “class proposed to be certified for purposes of settlement ... may be settled, 8 voluntarily dismissed, or compromised only with the court's approval.” Fed. R. Civ. P. 23(e) 9 (emphasis added). 10 In this case, the parties jointly seek to dismiss the putative class claims under Rule 11 41(a)(1) without prejudice. (Doc. 49). Plaintiff’s class claims have been dismissed. (Doc. 42 at 12 25). Plaintiff has not amended her complaint and no class has been certified. Moreover, Plaintiff 13 has not sought certification, nor has certification been proposed for purposes of settlement. 14 Because no class has been certified in this case, and because any dismissal would not affect 15 putative class members’ possible claims, Rule 23(e) does not mandate either Court approval of 16 the parties’ settlement or notice to putative class members. See Titus v. BlueChip Financial, 786 17 Fed. Appx. 694, 695 (9th Cir. 2019) (“Because no class has been certified, Titus is the only 18 plaintiff before the court; once she has dismissed her claims with prejudice, no other plaintiff can 19 step into her shoes to continue this legal action”) (unpublished) (citing Emp’rs-Teamsters Local 20 Nos. 175 & 505 Pension Tr. Fund v. Anchor Capital Advisors, 498 F.3d 920, 924 (9th Cir. 21 2007)). 22 In light of the parties’ filing, the Court finds that Rule 23(e) does not require the Court’s 23 approval of the dismissal. This action shall be terminated by operation of law without further 24 order of the Court. Comm. Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077-78 25 (9th Cir. 1999). 26 Accordingly, the Clerk of Court is DIRECTED to CLOSE this case and adjust the docket 27 to reflect dismissal with prejudice as to Plaintiff’s individual claims and without prejudice as to 28 the claims of the putative class pursuant to Fed. R. Civ. P. 41(a)(1)(ii), with each party to bear 2 1 that party’s own attorney’s fees and costs. 2 IT IS SO ORDERED. 3 4 Dated: July 3, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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