FILED Fa 0 6 2021 | 3 CLERR oS sthCT COURT, . SOUTHERN (isTRaOT OF eee □□ 4 anne □□□ ; 6 □ 7 . UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 || JORDAN KOHLER, individually and on Case No.: 3:19-cv-01870-BEN-BLM ll behalf of others similarly situated, Plaintiff ORDER GRANTING JOINT 12 . "| MOTION TO DISMISS v. 13 || . 14 || TORREY GARDEN HILLS 1, LLC, [ECF No. 28}

Defendant. ‘16 -On November 25, 2020, Plaintiff Jordan Kohler and Defendant TORREY 17 1}GARDEN HILLS 1, LLC, filed a Joint Motion and Stipulation for Dismissal. ECF No. 18 The Parties seek dismissal of Plaintiffs claims with prejudice, and dismissal of the 19 || putative class’s claims without prejudice. Jd. at 1. Pursuant to Federal Rule of Civil 20 || Procedure 41(a)(2), the Court grants the Joint Motion. The Court has also considered the 21 || factors set forth in Diaz v. Trust Territory of Pac. Islands,

, 1408-11 (9th 22 || Cir. 1986), and concludes additional class notice is not required in this case. Plaintiff's 23 || claims are dismissed with prejudice, and any claims of putative class members are 24 || dismissed without prejudice. Each party shall bear itsjown costs, expenses, and fees. 25 IT IS SO ORDERED. 26 |! Date: January 2021 ' Ye MALE LD) 27 HOX. ROGER T. BENITEZ Urfited States District Judge 28 3:19-cy-01870-BEN-BLM