Martinez v. Terminex International Company, L.P. et al

Filing 38

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 07/07/2015. (tmiS, COURT STAFF) (Filed on 7/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
OMAR MARTINEZ, individually and on
) Case Number: 3:15-cv-00619-TEH
behalf of all others similarly situated,
)
) STIPULATION TO DISMISS ACTION
Plaintiff,
)
)
v.
)
TERMINIX INTERNATIONAL COMPANY, )
L.P., a Delaware limited partnership, and THE )
SERVICEMASTER COMPANY, LLC, a
)
Delaware limited liability company,
)
)
Defendants.
)
)
The Parties to the above-captioned civil action, being in agreement, and having reached a
settlement of the claims at issue, stipulate as follows:
1.

On February 9, 2015, Plaintiff filed this alleged class action against Defendants.

2.

Fed. R. Civ. P. 41(a)(1)(A)(ii) allows the parties to stipulate to the dismissal of an

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action at any time. Rule 23(e) does not limit the right to stipulate to dismissal of this action
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because no class has been certified in this matter. No notice is required to alleged class members
under Rule 23(e) since the settlement and dismissal of Plaintiff’s individual claims does not bind
them in any way.
WHEREFORE, in accordance with Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiff and
Defendants agree that the action shall be dismissed in its entirety and with prejudice with respect

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to the claims alleged by Plaintiff individually against Defendants and without prejudice as to any

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claims alleged by the alleged, uncertified class against Defendants.

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Plaintiff and Defendants further agree that each party shall bear his or its own costs and
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attorney fees except as set forth in their Stipulation of Settlement.
IT IS SO STIPULATED.

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Dated: July 7, 2015

/s/ Patrick H. Peluso

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Counsel for Plaintiff

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Dated: July 7, 2015

/s/ Brian A. Sutherland
Counsel for Defendants

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