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