Sheridan et al v. Sirius XM Radio, Inc. et al

Filing 51

ORDER by Judge Vince Chhabria denying 50 Stipulation. The parties are directed to submit a renewed request for dismissal by Tuesday, December 17, 2019. (vclc1S, COURT STAFF) (Filed on 12/13/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ARTHUR SHERIDAN, et al.,

Case No. 15-cv-04081-VC

Plaintiffs,
ORDER REJECTING NOTICE OF
DISMISSAL

v.
SIRIUS XM RADIO, INC., et al.,

Re: Dkt. No. 50

Defendants.
Typically, a plaintiff may dismiss a case without court approval prior to the defendant’s
filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Because
this case was filed as a putative class action, however, the parties must submit a request for
dismissal that explains why dismissal will not prejudice the unnamed class members whose
claims are not being resolved. See, e.g., Tombline v. Wells Fargo Bank, N.A., No. 13-cv-04567JD, 2014 WL 5140048, at *2 (N.D. Cal. Oct. 10, 2014). Accordingly, the Court rejects the
plaintiff’s notice of dismissal. The parties are directed to consult ¶ 48 of the Court’s Civil
Standing Order and submit a request for dismissal by Tuesday, December 17, 2019.
IT IS SO ORDERED.
Dated: December 13, 2019
______________________________________
VINCE CHHABRIA
United States District Judge