Mar v. Genuine Parts Company et al

Filing 42

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/18/17: The claims of the Settlement Class Members are hereby DISMISSED WITH PREJUDICE.The Clerk of the Court is directed to close this case. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEAN MAR, individually, on behalf of others
similarly situated, and on behalf of the
general public,

Case No.: 2:15−CV−01405−MCE−AC
STIPULATION AND ORDER
REQUESTING DISMISSAL

Plaintiff,
vs.

Hon. Morrison C. England, Jr.

GENUINE PARTS COMPANY, NAPA AUTO
PARTS, and DOES 1-10, inclusive, .

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Defendant(s).

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Plaintiff Sean Mar and Defendant Genuine Parts Company d/b/a NAPA Auto Parts (identified

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as “Genuine Parts Company, NAPA Auto Parts” in the case caption) by and through their

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respective counsel of record, hereby stipulate and agree as follows:

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1.

On March 9, 2017, Plaintiff filed an Unopposed Motion for Amended Settlement

Approval (“Motion”). (Docket No. 37).

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STIPULATION AND ORDER REQUESTING DISMISSAL;
Case No.: 2:15−CV−01405−MCE−AC

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2.

On April 24, 2017 the Court entered a Memorandum and Order granting

Plaintiff’s Motion. (Docket No. 40).
3.

On September 28, 2017, the claims administrator notified the Parties that it had

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distributed all the settlement funds from the common fund. Because all of the opt-in plaintiffs

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cashed their checks, no funds were distributed to the cy pres designee.

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4.

Because the settlement funds have been distributed in accordance with the

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settlement agreement, the Parties stipulate that the Court should DISMISS this case WITH

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PREJUDICE.

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DATED: October 12, 2017

BRYAN SCHWARTZ LAW
By:_s/Rachel M. Terp_________
Bryan Schwartz
Rachel M. Terp
Attorneys for Plaintiff and the Putative Class

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DATED: October 12, 2017

MARTENSON, HASBROUCK & SIMON LLP
By:_s/Lisa M. Szafranic____________________
Patricia E. Simon
Lisa M. Szafranic
Attorneys for Defendant

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STIPULATION AND ORDER REQUESTING DISMISSAL;
Case No.: 2:15−CV−01405−MCE−AC

ORDER

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This document shall constitute a final judgment with respect to the Claims of the

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Settlement Class for purposes of Rule 58 of the Federal Rules of Civil Procedure. The claims

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of the Settlement Class Members are hereby DISMISSED WITH PREJUDICE.

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: October 18, 2017

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STIPULATION AND ORDER REQUESTING DISMISSAL;
Case No.: 2:15−CV−01405−MCE−AC