Rubalcaba v. QVC, Inc.

6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA SUSANA A. RUBALCABA, individually and on behalf of all those similarly Case No. 1:25-cv-00129-JLT-EPG situated, ORDER RE: NOTICE OF VOLUNTARY Plaintiff, DISMISSAL OF ENTIRE ACTION WITH PREJUDICE v. (ECF No. 5) QVC, INC., 14 Defendant.

17 On April 16, 2025, Plaintiff filed a notice voluntarily dismissing this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) as Defendant has not filed either an answer or a motion for summary judgment. (ECF No. 5).

20 However, this case was brought as a putative class action on behalf of Plaintiff individually and similarly situated persons. Accordingly, although Plaintiff may dismiss Plaintiff’s individual claims with prejudice, Plaintiff cannot dismiss the class claims with prejudice. See Smith v. Bayer Corp., 564 U.S. 299, 315, (2011) (“Neither a proposed class action nor a rejected class action may bind nonparties. What does have this effect is a class action approved under Rule 23.”); Allred v. Chicago Title Co., No. 19CV2129-LAB (AHG), 2020 WL 5847550, at *1 (S.D. Cal. Oct. 1, 2020) (“Although the motion seeks dismissal of all claims with prejudice, the Court construes this as a request to dismiss Plaintiffs’ own claims with prejudice, and putative class claims without prejudice.”).

1 Accordingly, IT IS ORDERED that, within 7 days of the entry of this order, Plaintiff || shall file a revised notice of voluntary dismissal, indicating that Plaintiff intends to dismiss || Plaintiff's individual claims with prejudice and class claims without prejudice.

5 || IT IS SO ORDERED. ° |! Dated: _ April 17, 2025 [Jee ey —— 7 UNITED STATES MAGISTRATE JUDGE