Abante Rooter and Plumbing, Inc. v. Long Fence and Home LLLP et al

Filing 29

ORDER DISMISSING CASE. Signed by Chief Judge Richard Seeborg on July 3, 2024. (rslc2, COURT STAFF) (Filed on 7/3/2024)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ABANTE ROOTER AND PLUMBING, INC., Plaintiff, United States District Court Northern District of California 11 12 Case No. 23-cv-06496-RS ORDER DISMISSING CASE v. 13 LONG FENCE AND HOME LLLP, et al., 14 Defendants. 15 The parties in the above-captioned case have stipulated to dismiss this action, with 16 prejudice as to the named plaintiff and without prejudice as to the putative class. Federal Rule of 17 Civil Procedure 23(e), which governs voluntary dismissals in the class action context, applies only 18 to certified or settlement classes. Where no class has been certified, as is the case here, voluntary 19 dismissal of a putative class action is governed only by Rule 41. The parties’ joint stipulation 20 complies with Rule 41’s requirements, so the stipulation of dismissal is granted, with prejudice as 21 to the named plaintiff and without prejudice as to the putative class. 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: July 3, 2024 ______________________________________ RICHARD SEEBORG Chief United States District Judge

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