1 2 3 4 5 6 JS-6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 VICTORINO GUERRERO, individually ) Case No. CV 23-9112 FMO (SKx) and on behalf of all similarly situated ) 12 individuals, ) ) 13 Plaintiff, ) ORDER DISMISSING ACTION ) 14 v. ) ) 15 SPB HOSPITALITY LLC, et al., ) ) 16 Defendant. ) ) 17 ) 18 The complaint in the above-captioned case contains individual and class allegations, and 19 although an answer has been filed, no substantive action has been taken in this matter. (See, 20 generally, Dkt.). Now, the court is informed that the parties have settled and that plaintiff will 21 dismiss the action without prejudice. (See Dkt. 14, Notice of Settlement). 22 Having reviewed the case file and determined that no prejudice to the class will result from 23 the dismissal, IT IS ORDERED that the above-captioned action is hereby dismissed without 24 prejudice. The dismissal shall be without costs and plaintiff shall retain the right, upon good cause 25 shown within 30 days from the filing date of this Order, to re-open the action if settlement is 26 not consummated. The court retains full jurisdiction over this action and this Order shall not 27 prejudice any party to this action. Failure to re-open or seek an extension of time to re-open the 28 action by the deadline set forth above shall be deemed as consent by the parties to dismissal of 1 the action without prejudice. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,

, 2 629-30,

(1962). 3 Dated this 28th day of February, 2024. 4 /s/ Fernando M. Olguin 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28