Montoya v. FMS Investmet Corp.

Filing 39

ORDER GRANTING 35 JOINT STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE AS TO THE NAMED PLAINTIFF AND WITHOUT PREJUDICE AS TO THE PUTATIVE CLASS.(whalc2, COURT STAFF) (Filed on 11/19/2015)

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Todd M. Friedman, Esq. (216752)
Law Offices of Todd M. Friedman, P.C.
324 S. Beverly Dr., #725
Beverly Hills, CA 90212
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARLON MONTOYA, Individually, ) Case No. 3:15-cv-01758-WHA
And On Behalf Of All Others Similarly )
Situated,
) JOINT STIPULATION OF
) DISMISSAL OF ACTION WITH
Plaintiff,
) PREJUDICE AS TO THE NAMED
v.
) PLAINTIFF AND WITHOUT
) PREJUDICE AS TO THE
) PUTATIVE CLASS
FMS INVESTMENT CORP.,
)
Defendant.
)
)

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NOW COME THE PARTIES by and through their attorneys to respectfully

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move this Honorable Court to dismiss this matter with prejudice as to the named

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Plaintiff, and without prejudice as to the Putative Class alleged in the complaint,

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear

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their own costs and attorney fees.

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submitted to this Court.

A proposed order has been concurrently

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The notice and approval requirements of Federal Rule of Civil Procedure

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23(e) are inapplicable to the parties’ settlement and dismissal of this putative

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class action because this action has not been certified as a class.1

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Federal Rule of Civil Procedure 23(e) states “[t]he claims, issues or defenses of a certified class may be settled,
voluntarily dismissed, or compromised only with the Court’s approval.”
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Stipulation to Dismiss- 1

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The Parties agree that this Court can proceed to dismiss this Action entirely

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with prejudice as to the Named Plaintiff and without prejudice as to the Putative

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Class alleged in the complaint.

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Respectfully submitted this 12th day of November, 2015
By: s/Todd M. Friedman, Esq.
TODD M. FRIEDMAN
Attorney for Plaintiffs

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By: s/Damian P. Richard, Esq.
DAMIAN P. RICHARD
Attorneys for Defendant

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Stipulation to Dismiss- 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARLON MONTOYA, Individually, ) Case No. 3:15-cv-01758-WHA
And On Behalf Of All Others Similarly )
Situated,
) ORDER
)
Plaintiff,
)
v.
)
)
)
FMS INVESTMENT CORP.,
)
Defendant.
)
)

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IT IS HEREBY ORDERED that pursuant to the Stipulation of the parties

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this matter is dismissed with prejudice as to the named Plaintiff, and without

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prejudice as to the Putative Class alleged in the complaint, pursuant to Federal

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Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear their own costs and

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attorneys’ fees.

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Dated this 19 th
__day of November, 2015.

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_______________________________
The Honorable William Alsup

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Order to Dismiss - 1