Baranco v. Ford Motor Company et al

Filing 156

ORDER Requesting Information From The Parties (Re #151 ). Signed by Judge Edward M. Chen on 9/13/2019. (emcsec, COURT STAFF) (Filed on 9/13/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID BARANCO, et al.,
Plaintiffs,

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ORDER REQUESTING
INFORMATION FROM THE PARTIES

v.

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FORD MOTOR COMPANY,

Docket No. 151

Defendant.

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United States District Court
Northern District of California

Case No. 17-cv-03580-EMC

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Before the Court will approve the parties’ Stipulation of Voluntary Dismissal with

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Prejudice, Docket No. 151, the Court requests information from the parties about the scope and

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nature of the publicity associated with this putative class action. As Federal Rule of Civil

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Procedure 23(e) compels, “A class action shall not be dismissed or compromised without the

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approval of the court, and notice of the proposed dismissal or compromise shall be given to all

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members of the class in such manner as the court directs.” This requirement “is to protect the

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interests of absent plaintiffs before permitting dismissal.” Schultzen v. Woodbury Cent. Cmty.

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Sch. Dist., 217 F.R.D. 469, 470 (N.D. Iowa 2003). Although “the class has not been certified . . .

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‘[t]his requirement [to act as the guardian of the rights of class members still] applies.’” Id. (citing

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Diaz v. Trust Territory of Pacific Islands, 876 F.2d 1401, 1407 (9th Cir.1989)). Thus, in order to

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ensure that the interests of the absent plaintiffs are appropriately safeguarded, and to safeguard

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against any misplaced reliance on this suit and any consequential tolling of the statute of

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limitations, the parties shall file by September 25, 2019, a description of the scope of publicity and

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nature of the information shared with the public and putative class members about this case.

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IT IS SO ORDERED.

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Dated: September 13, 2019

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______________________________________
EDWARD M. CHEN
United States District Judge

United States District Court
Northern District of California

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