1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AFRIKAA HOLLOWAY, Case No. 19-cv-01483-EMC

8 Plaintiff, ORDER RE SUPPLEMENTAL 9 v. BRIEFING

10 PETROCHEM INSULATION, INC., Docket No. 28 11 Defendant.

12 13 14 Plaintiff Afrikaa Holloway initiated this FCRA suit against Petrochem Insulation, Inc. on 15 March 21, 2019. Ms. Holloway asserted the action on her own behalf and on behalf of a putative 16 class. On September 24, 2019, the parties submitted a stipulation of dismissal to the Court. More 17 specifically, the parties stipulated to a dismissal of Ms. Holloway’s individual claims with 18 prejudice and the putative class claims without prejudice. No class action has been certified in this 19 case.

20 Federal Rule of Civil Procedure Rule 23(e) requires the Court to review and approve a proposed voluntary dismissal, settlement, or 21 other compromise of a certified class’s claims. The Ninth Circuit has held that Rule 23(e) also applies to settlements before 22 certification, but in a much lighter form that does not entail “the kind of substantive oversight required when reviewing a settlement 23 binding upon the class.” Diaz v. Trust Territory of Pac. Islands,

, 1408 (9th Cir. 1989). Although there has been “some 24 uncertainty” about whether this holding applies in the wake of the 2003 amendments to Rule 23(e), courts in this district continue to 25 follow Diaz to evaluate the proposed settlement and dismissal of putative class claims. 26 27 Dunn v. Teachers Ins. & Annuity Ass’n of Am., No. 13-cv-05456-HSG,

Under Diaz, a court 2 inquire[s] into possible prejudice from (1) class members’ possible reliance on the filing of the action if they are likely to know of it 3 either because of publicity or other circumstances, (2) lack of adequate time for class members to file other actions, because of a 4 rapidly approaching statute of limitations, [and] (3) any settlement or concession of class interests made by the class representative or 5 counsel in order to further their own interests. 6 Diaz, 876 F.2d at 1408. “If, after considering these factors, a district court concludes that there is 7 a risk of prejudicial or unfair impacts from the pre-certification settlement of putative class claims, 8 Diaz also held that district courts may require notice to putative class members.” Dunn,

|| Dist. LEXIS 4338, at *9. 10 The Court orders the parties to file supplemental briefs and/or evidence regarding the Diaz 11 factors. The briefs shall include a description of all publicity concerning this case and its filing. «12 || Either cross-briefs or a joint brief shall be filed within a week of the date of this order.

v 14 IT IS SO ORDERED. © 15 Q 16 || Dated: September 25, 2019

Z 18 ir ED M.C 19 United States District Judge 20 21 22 23 24 25 26 27 28