Allegretti v. Grimmway Enterprises, Inc.

Filing 18

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 03/11/2025. CASE CLOSED. (Deputy Clerk CM)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMILY ALLEGRETTI, individually and on
behalf of all others similarly situated,
Plaintiff,

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v.
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GRIMMWAY ENTERPRISES, INC., doing
business as Grimmway Farms,

Case No. 1:24-cv-01454-KES-CDB
ORDER DIRECTING CLERK OF
COURT TO CLOSE CASE PURSUANT
TO RULE 41(a)(1) OF THE FEDERAL
RULES OF CIVIL PROCEDURE
(Doc. 17)

Defendant.

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On November 27, 2024, Plaintiff Emily Allegretti (“Plaintiff”) initiated this action with the

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filing of an unverified putative class action complaint against Defendant Grimmway Enterprises,

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Inc., doing business as Grimmway Farms (“Defendant”). (Doc. 1).

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Pending before the Court is Plaintiff’s notice of voluntary dismissal of the action against

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Defendant, filed on March 10, 2025. (Doc. 17). The notice of dismissal is signed by all parties and

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otherwise comports with the requirements of Fed. R. Civ. P. 41(a)(1)(A)(i) & (ii) and Plaintiff is

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entitled to dismiss her individual claims (at least) without a court order. In a class action, however,

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court approval of dismissal may be required under Rule 41(a)(2) if the class has been certified.

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Specifically, Rule 23(e) provides that any claims arising out of either a (1) “certified class” or (2)

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“class proposed to be certified for purposes of settlement ... may be settled, voluntarily dismissed,

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or compromised only with the court's approval.” Fed. R. Civ. P. 23(e) (emphasis added).

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In this case, it appears Plaintiff seeks to dismiss the entire action, including her putative

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class claims under Rule 41(a)(1), without prejudice. (Doc. 17); see Fed. R. Civ. P. 41(a)(1)(B)

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(“Unless the notice or stipulation states otherwise, the dismissal is without prejudice.”). No class

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has been certified in this action nor is there a class proposed to be certified for purposes of

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settlement. (See Doc. 1). Because no class has been certified in this case, and because any dismissal

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would not affect putative class members’ possible claims, Rule 23(e) does not mandate either Court

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approval of the parties’ settlement or notice to putative class members. See Titus v. BlueChip

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Financial, 786 Fed. Appx. 694, 695 (9th Cir. 2019) (“Because no class has been certified, Titus is

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the only plaintiff before the court; once she has dismissed her claims with prejudice, no other

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plaintiff can step into her shoes to continue this legal action”) (unpublished) (citing Emp’rs-

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Teamsters Local Nos. 175 & 505 Pension Tr. Fund v. Anchor Capital Advisors, 498 F.3d 920, 924

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(9th Cir. 2007)).

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In light of Plaintiff’s filing, the Court finds that Rule 23(e) does not require the Court’s

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approval of the dismissal. This action shall be terminated by operation of law without further order

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of the Court. Comm. Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077-78 (9th Cir.

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1999).

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Accordingly, the Clerk of Court is DIRECTED to CLOSE this case and adjust the docket

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to reflect dismissal without prejudice as to Plaintiff’s individual claims and the claims of the

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putative class pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) & (ii), with each party to bear that party’s

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own attorney’s fees and costs.

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IT IS SO ORDERED.

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Dated:
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March 11, 2025

___________________

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UNITED STATES MAGISTRATE JUDGE

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