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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ERIC A. GROVER (SBN 136080)
[e-mail]
ROBERT SPENCER (SBN 238491)
[e-mail]
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Richard Wuest

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD WUEST, individually and on
behalf of a class of similarly situated
individuals,

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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)

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Richard Wuest

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(“Plaintiff”) and Defendant Complete Recovery Corporation (“Defendant”), by and through their

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respective undersigned counsel, hereby submit this Joint Stipulation of Dismissal and [Proposed]

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Order, and stipulate and agree as follows:

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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.

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WHEREAS, Plaintiff has not moved for class certification, and a class has not been

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certified by the Court. The Parties’ stipulated dismissal of this action does not resolve the claims,

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issues, or defenses of any putative or certified class. Under Rule 23(e) of the Federal Rules of

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Civil Procedure, where a class has not been certified, Court approval is not required for dismissal.
JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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Fed. R. Civ. P. 23(e) (court approval only required for dismissal of “the claims, issues, or defenses

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of a certified class”) (emphasis added); see also Advisory Committee Notes on 2003 Amendments

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to Rule 23, Subdivision (e), Paragraph (1) (“The new rule requires [court] approval only if the

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claims, issues or defenses of a certified class are resolved by . . . voluntary dismissal.”) (emphasis

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added).
WHEREAS, the Parties are not aware of any member of the alleged putative class who, in

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reliance upon this action or otherwise, has refrained from bringing a claim identical or similar to

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any of the claims in this action or who might be prejudiced by dismissal of this action by the

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Court.
For the reasons set forth above and pursuant to the Federal Rules of Civil Procedure,

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Rule 41(a)(1)(A)(ii), the Parties hereby jointly Stipulate to the dismissal with prejudice of

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Plaintiff’s individual claims and the dismissal without prejudice of the alleged class action claims

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and request that the Court terminate all proceedings in this action.

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The Parties shall bear their own costs and fees associated with this action and the dismissal.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: May 22, 2017

KELLER GROVER LLP

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By: /s/ Eric A. Grover

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ERIC A. GROVER
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Counsel for Plaintiff
RICHARD WUEST

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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.

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//

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//

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//

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JOINT STIPULATION OF DISMISSAL
AND [PROPOSED] ORDER

Case No: 3:17-CV-01674-JD

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Dated: May 22, 2017

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KELLEY DRYE & WARREN LLP
By: /s/ S. Spencer Elg

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S. SPENCER ELG

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Attorneys for Defendant
COMPLETE RECOVERY CORPORATION

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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.

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DATED: May 23, 2017

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_____________________________________
James Donato
United States District Judge

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JOINT STIPULATION OF DISMISSAL
AND [PROPOSED] ORDER

Case No: 3:17-CV-01674-JD

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