Valencia et al v. Volkswagen Group of America Inc et al

Filing 101

ORDER CLARIFYING 100 ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 2/15/2017. (ndrS, COURT STAFF) (Filed on 2/15/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ERNESTO VALENCIA, et al.,

Case No. 15-cv-00887-HSG

Plaintiffs,
8

ORDER CLARIFYING ORDER OF
DISMISSAL

v.
9
VOLKSWAGEN GROUP OF AMERICA
INC, et al.,

11
United States District Court
Northern District of California

10

Re: Dkt. No. 100

Defendants.

12

On February 13, 2017, the Court issued an order dismissing this action pursuant to Rule

13

41(a)(2) of the Federal Rules of Civil Procedure. See Dkt. No. 100. The order stated in part,

14

“This litigation is hereby dismissed in its entirety, with prejudice . . . .” Id. But here, the named

15

plaintiffs have asserted each of the five causes of action on behalf of not only themselves, but also

16

putative class members. See Dkt. No. 98 ¶¶ 123, 139, 155, 163. The Court thus makes express

17

what is necessarily true as a matter of law about the prior order of dismissal: only the plaintiffs’

18

individual claims are dismissed with prejudice. Because no class has been certified, this dismissal

19

ends the case. To the extent the Court has any further jurisdiction over the putative class claims,

20

those claims are dismissed without prejudice. The Court reaffirms that neither costs nor attorney

21

fees will be awarded to either party. See Dkt. No. 100.

22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated: 2/15/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge