Dickson v. Rheem Manufacturing Co.

Filing 12

ORDER signed by Senior District Judge Morrison C. England, Jr on 05/31/2024 GRANTING 11 Joint Stipulation of Dismissal. Plaintiff's claims and complaint are hereby DISMISSED. CASE CLOSED. (Murphy, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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GLENN DICKSON, individually, and on
behalf of himself and all others similarly
situated,

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ORDER GRANTING JOINT
STIPULATION TO DISMISS
PLAINTIFF’S CLAIMS PURSUANT TO
F.R.C.P. 41(a)(1)(A)(i)

Plaintiff,

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Case No. 2:23-cv-01812-MCE-AC

v.
RHEEM MANUFACTURING COMPANY, a
Delaware corporation, and DOES 1 through 10
inclusive,
Defendants.

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On August 24, 2023, Defendant Rheem Manufacturing removed this action from the
County of Sacramento Superior Court. [Dkt. No. 1.] Shortly thereafter, the Parties informed the
Court they would be attending mediation on April 2, 2024, and submitted a stipulation to stay the
action and continue the deadlines for Defendant to respond to the Complaint and for Plaintiff to
file a motion to remand until May 17, 2024; this Court granted the stipulation on September 6,
2023. [Dkt. No. 5.]
On May 3, 2024, the Parties filed a Notice of Settlement, informing the Court that the
Parties settled the matter at mediation on April 2, 2024 and were in the midst of satisfying their
duties as mandated by the settlement agreement. On May 3, 2024, the Parties filed a stipulation
to dismiss the class claims and stay the action pending dismissal of Plaintiff’s individual claims;
this Court granted the stipulation on May 9, 2024, thereby dismissing the putative class claims.
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ORDER GRANTING JOINT STIPULATION TO DISMISS PLAINTIFF’S CLAIMS PURSUANT TO F.R.C.P.
41(a)(1)(A)(i)

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Now pending before the Court is the Parties’ Joint Stipulation of Dismissal Pursuant to

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F.R.C.P. 41(a)(1)(A)(i), in which the Parties seek to dismiss Plaintiff’s individual claims and

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complaint. Defendant has not responded to the Complaint and thus voluntary dismissal under

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F.R.C.P. 41(a)(1)(A)(i) is appropriate.

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Accordingly, the Parties’ joint stipulation to dismiss Plaintiff’s individual claims, with
prejudice, is hereby GRANTED. Pursuant to the stipulation, the Court ORDERS the following:

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(1) Plaintiff’s claims and complaint are HEREBY DISMISSED;

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(2) each Party shall bear their own attorneys’ fees and costs, except as provided in the

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Settlement Agreement; and

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(3) the Clerk of the Court is HEREBY DIRECTED to close the case.

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IT IS SO ORDERED.

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Dated: May 31, 2024

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ORDER GRANTING JOINT STIPULATION TO DISMISS PLAINTIFF’S CLAIMS PURSUANT TO F.R.C.P.
41(a)(1)(A)(i)