Bates et al v. Dollar Loan Center, LLC et al

Filing 190

ORDER that granting 188 Motion to Voluntarily Dismiss Class Claims is GRANTED. FURTHER ORDERED that 182 Motion for Leave to File Supplemental Opposition to Plaintiff Sharon Pratt's Motion for Class Certification is DENIED as moot. Signed by Judge Kent J. Dawson on 12/9/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PASQUAIL BATES, et al.,

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Plaintiffs,

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Case No. 2:13-CV-1731-KJD-CWH

v.
ORDER
DOLLAR LOAN CENTER, LLC, et al.,

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Defendants.

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Before the Court is Plaintiff Sharon Pratt’s Motion to Voluntarily Dismiss Her Class

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Claims (#188). Defendants have responded in non-opposition (#189). The motion to dismiss

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appears to be the result of new facts illustrating that Pratt cannot serve as a class representative.

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To be clear, Pratt seeks to preserve her individual claims, while voluntarily dismissing her class

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claims.

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Federal Rule of Civil Procedure 23(e) governs the voluntary dismissal of class actions

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and requires court approval. However, by its terms, Rule 23(e) applies only to “certified

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class[es].” There is no certified class here. Thus, this motion for voluntary dismissal is governed

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by Rule 41. Because Defendants have answered and filed motions for summary judgment,

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dismissal requires a court order. Fed. R. Civ. P. 41(a)(1)(A). However, pursuant to Rule 41(a)(2),

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the Court finds dismissal proper.

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Accordingly, Plaintiff Pratt’s Motion to Voluntarily Dismiss her Class Claims (#188) is

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HEREBY GRANTED. Further, Defendants’ Motion for Leave to File Supplemental Opposition

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to Plaintiff Sharon Pratt’s Motion for Class Certification (#182) is HEREBY DENIED as moot.

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DATED this 9th day of December 2014.

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_____________________________
Kent J. Dawson
United States District Judge

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