Bader

ORDER ON MOTIONS

Three motions are presently pending before this court: (1) plaintiffs’ motion to voluntarily dismiss this action; (2) plaintiffs’ motion to dismiss defendants’ counterclaim for declaratory relief; and (3) defendants’ motion to amend their counterclaim. The motions have been briefed, argued and submitted for decision. The court has reviewed the record of the case, the moving and opposing papers on these motions, the arguments of counsel, and the applicable authorities.

I.

Plaintiffs’ motion to voluntarily dismiss this action

This case has previously been certified as a class action under Rule 23 of the Federal *661 Rules of Civil Procedure. When plaintiffs moved to voluntarily dismiss the action, this court required plaintiffs’ class counsel to give notice to the class of the proposed dismissal. That was done. No objections were made by any of the class members, and there has. been no request by any class member to take over the management and prosecution of this case.

A.

Plaintiffs want to dismiss this action, and to instead proceed in state court with an action, Steele v. Electronics for Imaging, that is pending in the San Mateo Superior Court of the State…