Kohler v. Garden Communities

FILED Fa 0 6 2021 | CLERR oS sthCT COURT, . SOUTHERN (isTRaOT OF eee □□ anne □□□ ; □ . UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

JORDAN KOHLER, individually and on Case No.: 3:19-cv-01870-BEN-BLM ll behalf of others similarly situated,

Plaintiff ORDER GRANTING JOINT . "| MOTION TO DISMISS v. .

TORREY GARDEN HILLS 1, LLC, [ECF No. 28}

Defendant. ‘16 -On November 25, 2020, Plaintiff Jordan Kohler and Defendant TORREY 1}GARDEN HILLS 1, LLC, filed a Joint Motion and Stipulation for Dismissal. ECF No. The Parties seek dismissal of Plaintiffs claims with prejudice, and dismissal of the putative class’s claims without prejudice. Jd. at 1. Pursuant to Federal Rule of Civil Procedure 41(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, 1408-11 (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 itsjown costs, expenses, and fees. IT IS SO ORDERED. ! Date: January 2021 ' Ye MALE LD) HOX. ROGER T. BENITEZ Urfited States District Judge 3:19-cy-01870-BEN-BLM