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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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

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