Montegna v. Vemma Nutrition Company

Filing 14

ORDER Granting Joint Motion to Dismiss Action in its Entirety Pursuant to FRCP 41(a)(1)(A)(ii) 13 . The Court grants the joint motion and dismisses Plaintiff Gregory Montegna's individual claims against Defendant Vemma Nutrition Company in their entirety with prejudice. The Court dismisses the putative class claims asserted against Defendant in their entirety without prejudice. Signed by Judge Michael M. Anello on 5/20/2014. (vam)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GREGORY MONTEGNA,
Individually and On Behalf of All
Others Similarly Situated,

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Plaintiff,

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vs.

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VEMMA NUTRITION
COMPANY,

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CASE NO. 13CV2731 MMARBB
ORDER GRANTING JOINT
MOTION TO DISMISS ACTION IN
ITS ENTIRETY PURSUANT TO
FRCP 41(a)(1)(A)(ii)
[Doc. No. 13]

Defendants.

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The parties have filed a joint motion to dismiss this action in its entirety
pursuant to FRCP 41(a)(1)(A)(ii). Upon due consideration, the Court GRANTS the
joint motion and DISMISSES Plaintiff Gregory Montegna’s individual claims against
Defendant Vemma Nutrition Company in their entirety with prejudice. The Court
DISMISSES the putative class claims asserted against Defendant in their entirety
without prejudice.
IT IS SO ORDERED.
DATED: May 20, 2014

Hon. Michael M. Anello
United States District Judge

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13cv2731