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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ERNESTO VALENCIA, et al.,
Case No. 15-cv-00887-HSG
Plaintiffs,
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ORDER CLARIFYING ORDER OF
DISMISSAL
v.
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VOLKSWAGEN GROUP OF AMERICA
INC, et al.,
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United States District Court
Northern District of California
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Re: Dkt. No. 100
Defendants.
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On February 13, 2017, the Court issued an order dismissing this action pursuant to Rule
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41(a)(2) of the Federal Rules of Civil Procedure. See Dkt. No. 100. The order stated in part,
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“This litigation is hereby dismissed in its entirety, with prejudice . . . .” Id. But here, the named
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plaintiffs have asserted each of the five causes of action on behalf of not only themselves, but also
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putative class members. See Dkt. No. 98 ¶¶ 123, 139, 155, 163. The Court thus makes express
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what is necessarily true as a matter of law about the prior order of dismissal: only the plaintiffs’
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individual claims are dismissed with prejudice. Because no class has been certified, this dismissal
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ends the case. To the extent the Court has any further jurisdiction over the putative class claims,
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those claims are dismissed without prejudice. The Court reaffirms that neither costs nor attorney
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fees will be awarded to either party. See Dkt. No. 100.
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IT IS SO ORDERED.
Dated: 2/15/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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