Ortiz v. SHAC LLC

Gustavo Ponce, Esq.

Nevada Bar No. 15084

KAZEROUNI LAW GROUP, APC

6069 South Fort Apache Road, Suite 100

Las Vegas, Nevada 89148

Telephone: (800) 400-6808

Facsimile: (800) 520-5523

E-mail: [email protected]

PARKER COLE, P.C.

Michael R. Parker (Pro Hac Vice)

Kevin Cole (Pro Hac Vice)

6700 Fallbrook Ave, Suite 207

West Hills, CA 91307

Telephone: (818) 292-8800

Facsimile: (818) 292-8337

E-mail: [email protected]

E-mail: [email protected]

Attorneys for Plaintiff

Abigail Ortiz

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

ABIGAIL ORTIZ, individually and on Case No.: 2:20-CV-00621-GMN-BNW behalf of herself and all others similarly situated,

Assigned to the Hon. Gloria M. Navarro Plaintiff,

VOLUNTARY DISMISSAL BY v.

STIPULATION

SHAC LLC d/b/a SAPPHIRE

GENTLEMEN’S CLUB; and DOES 1 to

Complaint Filed: March 31, 2020 10,

Defendants.

The parties to this action, acting through counsel, and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), hereby stipulate, in consideration of a negotiated settlement executed by them, to the dismissal with prejudice of this action, including all claims and counterclaims stated herein against all parties, with each party to bear its own attorneys’ fees and costs. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (an action may be dismissed at any time by “filing . . . a stipulation of dismissal signed by all parties who have appeared.”); see Judge Virginia A. Phillips, et al., Federal Civil Procedure Before Trial, Calif. & 9th Cir. Editions § 16:339 (The Rutter Group 2021) (“This [voluntary dismissal by stipulation] allows dismissal without court intervention after plaintiff’s unilateral right to dismiss has been extinguished by service of an answer or summary judgment motion.”) (citing Hester Industries, Inc. v. Tyson Foods, Inc., 160 F.3d 911, (2d Cir. 1998)).

In addition, there has been no motion for class certification filed in this action, thus no class has been certified, and it is not necessary to provide notice to the absent putative class members. See id., § 10:790 (“There is no requirement of judicial approval for precertification dispositions. The reason is that absent class members generally have no notice of uncertified class actions and therefore cannot be bound or deemed to have relied thereon.”) (citing Adv. Comm. Notes to 2003 Amendments to Fed. R. Civ. P. 23).

In consideration of the foregoing, the parties respectfully request that the Court dismiss this action with prejudice.

IT IS SO STIPULATED.

Dated: July 16, 2021 KAZEROUNI LAW GROUP, APC

By: s/ Gustavo Ponce

Attorneys for Plaintiff

Dated: July 16, 2021 PARKER COLE, P.C.

By: s/ Kevin J. Cole

Attorneys for Plaintiff

Dated: July 16, 2021 GREENBERG TRAURIG, LLP

By: /s/ Alayne Opie

Attorneys for Defendant

IT IS SO ORDERED.

Dated this 1_9_ day of July, 2021.

______________________________________ Gloria M. Navarro, District Judge United States District Court