Richard Wuest v. Complete Recovery Corporation

Filing 29

ORDER DISMISSING CASE. Signed by Judge James Donato on 5/23/2017. (jdlc2S, COURT STAFF) (Filed on 5/23/2017)

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1 2 3 4 5 6 7 ERIC A. GROVER (SBN 136080) ROBERT SPENCER (SBN 238491) KELLER GROVER LLP 1965 Market Street San Francisco, California 94103 Telephone: (415) 543-1305 Facsimile: (415) 543-7861 Attorneys for Plaintiff Richard Wuest 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 RICHARD WUEST, individually and on behalf of a class of similarly situated individuals, 13 14 15 16 Plaintiff, v. COMPLETE RECOVERY CORPORATION; and DOES 1 through 10, inclusive, Defendants. Case No: 3:17-CV-01674-JD CLASS ACTION JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER FRCP Rule 41(a)(1)(A)(ii) (Assigned to Hon. James Donato) 17 18 19 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Richard Wuest 20 (“Plaintiff”) and Defendant Complete Recovery Corporation (“Defendant”), by and through their 21 respective undersigned counsel, hereby submit this Joint Stipulation of Dismissal and [Proposed] 22 Order, and stipulate and agree as follows: 23 24 WHEREAS, Plaintiff has agreed to dismiss this entire civil lawsuit, with prejudice as to his individual claims and without prejudice as to the alleged putative class action claims. 25 WHEREAS, Plaintiff has not moved for class certification, and a class has not been 26 certified by the Court. The Parties’ stipulated dismissal of this action does not resolve the claims, 27 issues, or defenses of any putative or certified class. Under Rule 23(e) of the Federal Rules of 28 Civil Procedure, where a class has not been certified, Court approval is not required for dismissal. JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 1 Fed. R. Civ. P. 23(e) (court approval only required for dismissal of “the claims, issues, or defenses 2 of a certified class”) (emphasis added); see also Advisory Committee Notes on 2003 Amendments 3 to Rule 23, Subdivision (e), Paragraph (1) (“The new rule requires [court] approval only if the 4 claims, issues or defenses of a certified class are resolved by . . . voluntary dismissal.”) (emphasis 5 added). WHEREAS, the Parties are not aware of any member of the alleged putative class who, in 6 7 reliance upon this action or otherwise, has refrained from bringing a claim identical or similar to 8 any of the claims in this action or who might be prejudiced by dismissal of this action by the 9 Court. For the reasons set forth above and pursuant to the Federal Rules of Civil Procedure, 10 11 Rule 41(a)(1)(A)(ii), the Parties hereby jointly Stipulate to the dismissal with prejudice of 12 Plaintiff’s individual claims and the dismissal without prejudice of the alleged class action claims 13 and request that the Court terminate all proceedings in this action. 14 The Parties shall bear their own costs and fees associated with this action and the dismissal. 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 17 Dated: May 22, 2017 KELLER GROVER LLP 18 By: /s/ Eric A. Grover 19 ERIC A. GROVER 20 Counsel for Plaintiff RICHARD WUEST 21 22 Pursuant to Local Rule 5-1(i)(3) I attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing of this stipulation and have authorized the filing of this stipulation. 23 24 25 // 26 // 27 // 28 JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER Case No: 3:17-CV-01674-JD 2 1 Dated: May 22, 2017 2 KELLEY DRYE & WARREN LLP By: /s/ S. Spencer Elg 3 S. SPENCER ELG 4 Attorneys for Defendant COMPLETE RECOVERY CORPORATION 5 6 7 8 9 10 ORDER Pursuant to Stipulation, IT IS ORDERED that this case is dismissed with prejudice as to Plaintiff’s individual claims and without prejudice as to the alleged class action claims. The Clerk shall close the case. 11 12 DATED: May 23, 2017 13 _____________________________________ James Donato United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER Case No: 3:17-CV-01674-JD 3

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