Fraser, et al v. Wal-Mart Stores, Inc.

Filing 99

ORDER signed by District Judge Troy L. Nunley on 12/20/16 ORDERING that the Class that was certified by this Court on 12/24/2014 22 is decertified. Plaintiffs' individual claims are DISMISSED in their entirety, with prejudice. The claims of the putative class members are dismissed in their entirety without prejudice. Except as otherwise expressly agreed in writing, the parties shall each bear their own attorneys' fees and costs. Pursuant to the parties' request contained in the Stipulation, the Court will retain jurisdiction to enforce the terms of the settlement agreement. CASE CLOSED (Kastilahn, A)

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EASTERN DISTRICT OF CALIFORNIA

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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SACRAMENTO DIVISION

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12 AMY FRASER and PAULA HAUG, on

behalf of themselves and all others
13 similarly situated,
Plaintiffs,
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vs.

16 WAL-MART STORES, INC., a
Delaware corporation; and DOES 1
17 through 50, inclusive,
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Defendants.

Case No.: 2:13-CV-00520-TLN-DB
ORDER:
(1) DECERTIFYING THE CLASS;
AND
(2) DISMISSING THE ACTION
FED. R. CIV. PROC. 23(c)(1)(C)
FED. R. CIV. PROC. 41(a)(1)(ii)
District Court Judge Troy L. Nunley
Courtroom 27
Action Filed:

January 29, 2013

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ORDER DECERTIFYING THE CLASS AND DISMISSING THE ACTION

ORDER

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Having read and considered the Stipulation filed by Plaintiffs Amy Fraser (“Ms.

3 Fraser”) and Paula Haug (“Ms. Haug”) (collectively “Plaintiffs”) and Defendant Wal4 Mart Stores, Inc. (“Wal-Mart”), for an order (1) decertifying the class (ECF No. 22);
5 and (2) dismissing Plaintiffs’ individual claims with prejudice, and the class claims
6 without prejudice, and good cause appearing therefor,
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IT IS HEREBY ORDERED as follows:

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1.

The Class that was certified by this Court on December 24, 2014 (ECF

9 No. 22) is decertified;

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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2.

Plaintiffs’ individual claims are dismissed in their entirety, with

11 prejudice;
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3.

The claims of the putative class members are dismissed in their entirety

13 without prejudice;
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4.

Except as otherwise expressly agreed in writing, the parties shall each

15 bear their own attorneys’ fees and costs; and
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5.

Pursuant to the parties’ request contained in the Stipulation, the Court

17 will retain jurisdiction to enforce the terms of the settlement agreement.
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IT IS SO ORDERED.

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DATED: December 20, 2016
Troy L. Nunley
United States District Judge

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-1ORDER DECERTIFYING THE CLASS AND DISMISSING THE ACTION