Rubalcaba
Rubalcaba v. QVC, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
8 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., Defendant. 15 16 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). 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…