James Farr v. Hobby Lobby Stores, Inc.

United States District Court for the Central District of California

James Farr v. Hobby Lobby Stores, Inc.

Trial Court Opinion

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7 8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA 10 JAMES FARR, individually and on behalf Case No.: CV 19-5949-DMG (ASx) 11 of all others similarly situated, ORDER RE STIPULATION FOR 12 DISMISSAL OF ACTION [32] 13 Plaintiff,

14 vs. 15 HOBBY LOBBY STORES, INC., an 16 Oklahoma corporation; and DOES 1 to 10, 17 inclusive,

18 Defendants. 19 20

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22 23 24 25 26 27 28 1 The Court having considered the parties’ Stipulation for Dismissal, and good cau 2 || appearing, 3 IT IS HEREBY ORDERED that the above-captioned action is DISMISSED in it 4 |\entirety. Plaintiff James Farr’s individual claims against Defendant Hobby Lobby Stor 5 ||Inc., are dismissed with prejudice. Plaintiff's class claims against Defendant are 6 dismissed without prejudice.! The parties shall bear their own attorneys’ fees and costs 7 8 ||, DATED: September 23, 2020 9 Ate GEE 10 UNITED STATES DISTRICT JUDGE

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | Notwithstanding the parties’ request for dismissal of the class claims with prejudice, it would be inappropriate t dismiss the claims of the class with prejudice when no class has been certified and no class notice has been given. See □□□ 28 Civ. P. 23; Frank v. Gaos,

139 S. Ct. 1041, 1046

(2019). Plaintiff can and apparently does bind himself, however, not t personally assert these same class claims against Defendant.

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Reference

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