Sheridan v. Sirius XM Radio, Inc.

United States District Court for the Northern District of California

Sheridan v. Sirius XM Radio, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ARTHUR SHERIDAN, et al., Case No. 15-cv-04081-VC Plaintiffs, ORDER REJECTING NOTICE OF Vv. DISMISSAL SIRIUS XM RADIO, INC., et al., Re: Dkt. No. 50 Defendants.

Typically, a plaintiff may dismiss a case without court approval prior to the defendant’s filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)G). Because this case was filed as a putative class action, however, the parties must submit a request for dismissal that explains why dismissal will not preyudice the unnamed class members whose claims are not being resolved. See, e.g., Tombline v. Wells Fargo Bank, N.A., No. 13-cv-04567- JD,

2014 WL 5140048

, at *2 (N.D. Cal. Oct. 10, 2014). Accordingly, the Court rejects the plaintiffs notice of dismissal. The parties are directed to consult 48 of the Court’s Civil Standing Order and submit a request for dismissal by Tuesday, December 17, 2019. IT IS SO ORDERED.

Dated: December 13, 2019 = VINCE CHHABRIA United States District Judge

Reference

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