Kohler v. Garden Communities

Filing 29

ORDER Granting 28 Joint Motion to Dismiss. Pursuant to Federal Rule of Civil Procedure 4l(a)(2), the Court grants the Joint Motion. The Court has also considered the factors set forth in Diaz v. Trust Territory of Pac. Islands, 876 F.2d 1401, 140 8-11 (9th Cir. 1986), and concludes additional class notice is not required in this case. Plaintiff's claims are dismissed with prejudice, and any claims of putative class members are dismissed without prejudice. Each party shall bear its own costs, expenses, and fees. Signed by Judge Roger T. Benitez on 1/6/2021. (mme)(jrd)

Case 3:19-cv-01870-BEN-BLM Document 29 Filed 01/06/21 PageID.245 Page 1 of 1

Fll~ED

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[ JAN O 6 2021

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CLE:;r, ~-.

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BY

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JORDAN KOHLER, individually and on
behalf of others similarly situated,
Plaintiff,

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Case No.: 3:19-cv-01870-BEN-BLM
ORDER GRANTING JOINT
MOTION TO DISMISS

V.

TORREY GARDEN HILLS 1, LLC,

[ECFNo. 28]

Defendant.

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On November 25, 2020, Plaintiff Jordan Kohler and Defendant TORREY

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GARDEN HILLS 1, LLC, filed a Joint Motion and Stipulation for Dismissal. ECF No.

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28. The Parties seek dismissal of Plaintiff's claims with prejudice, and dismissal of the

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putative class's claims without prejudice. Id. at 1. Pursuant to Federal Rule of Civil

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Procedure 4l(a)(2), the Court grants the Joint Motion. The Court has also considered the

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factors set forth in Diaz v. Trust Territory of Pac. Islands, 876 F.2d 1401, 1408-11 (9th

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Cir. 1986), and concludes additional class notice is not required in this case. Plaintiff's

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claims are dismissed with prejudice, and any claims of putative class members are

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dismissed without prejudice. Each party shall bear i

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wn costs, expens~s, and fees.

IT IS SO ORDERED.

Date: January~, 2021
U ited States District Judge

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3: 19-cv-01870-BEN-BLM