Newsom v. Gila, LLC

Filing 16

ORDER Granting 15 Joint Motion to Dismiss Without Prejudice; And Denying as Moot 14 Motion to Strike. It is ordered that the action is dismissed without prejudice and the Court grants the parties' Joint Motion. Given the foregoing, the Court further denies as moot the currently pending Motion to Strike. (ECF No. 14.) Because this concludes the litigation in this matter, the Clerk shall close the file. Signed by Judge Janis L. Sammartino on 6/1/2017. (dxj)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 KEISHA NEWSOM, individually and on behalf of all others similarly situated, 15 16 ORDER GRANTING JOINT MOTION TO DISMISS WITHOUT PREJUDICE AND DENYING AS MOOT MOTION TO STRIKE Plaintiff, 13 14 Case No.: 16cv3063-JLS (JMA) v. GILA, LLC, d/b/a Municipal Services Bureau, (ECF Nos. 14, 15) Defendants. 17 18 Presently before the Court is Plaintiff Keisha Newsom’s and Defendant Gila, LLC’s 19 Joint Motion to Dismiss Without Prejudice (“Joint Mot.”). (ECF No. 15.) The Parties 20 request that the entire action be dismissed without prejudice both as to the named Plaintiff 21 and the Putative Class. (Joint Mot. 1–2.) 22 Although this case concerns a putative class, Federal Rule of Civil Procedure 23(e) 23 governs dismissal only when a class has been certified; therefore, Federal Rule of Civil 24 Procedure 41 governs the instant Motion. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) 25 permits dismissal without a Court Order when a plaintiff files “a stipulation of dismissal 26 signed by all parties who have appeared.” In the present case, only Plaintiff Keisha 27 Newsom and Defendant Gila, LLC have appeared and both have signed the Joint Motion. 28 Accordingly, the action is DISMISSED WITHOUT PREJUDICE and the Court 1 16cv3063-JLS (JMA) 1 GRANTS the Parties’ Joint Motion. Given the foregoing, the Court further DENIES AS 2 MOOT the currently pending Motion to Strike. (ECF No. 14.) Because this concludes the 3 litigation in this matter, the Clerk SHALL close the file. 4 5 IT IS SO ORDERED. Dated: June 1, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 16cv3063-JLS (JMA)

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