Case 2:2 0-cv-02231-CBM-JC Document 91 Filed 03/28/22 Page 1 of 3 Page ID #:3831

1

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 RAMZI ABED, MICHAEL FLOWERS, CASE NO. 2:20-cv-02231-CBM-JCx LAUREN LEVITT, and 12 CHRISTOPHER MYRICK, individually Hon. Consuelo B. Marshall and on behalf of all others similarly Courtroom 8B – First Street 13 situated and the general public,

ORDER GRANTING JOINT

14 Plaintiffs, STIPULATION OF DISMISSAL [JS-6] 15 v. Action Filed: March 6, 2020 16 MIKE BLOOMBERG 2020, INC., a Discovery Cutoff: None Set Delaware corporation; and DOES 1 thru Pretrial Conference: None Set 17 10, inclusive, Trial Date: None Set 18 Defendants. 19

20

21 22 23 24 25 26 27 28

ORDER GRANTING JOINT STIPULATION OF DISMISSAL

Case 2:2 0-cv-02231-CBM-JC Document 91 Filed 03/28/22 Page 2 of 3 Page ID #:3832

1 ORDER 2 3 4 This matter comes before the Court on the Joint Stipulation of Dismissal 5 (“Stipulation”). Having reviewed the Stipulation, and finding good cause exists for 6 the relief requested therein, the Stipulation is hereby GRANTED as follows: 7 1. Plaintiffs Ramzi Abed, Michael Flowers, Lauren Levitt, and 8 Christopher Myrick’s individual claims are hereby dismissed with prejudice. 9 2. The claims of the Hustle Class and New Partners Class as those classes 10 are defined in the Order Granting Motion for Class Certification (Dkt. 79) are hereby 11 dismissed without prejudice. This dismissal shall have no res judicata or collateral 12 estoppel effect should any claim, including claims identical or substantially similar 13 to the claims certified on May 28, 2021 (Dkt. 79), be brought by any individual or 14 entity other than the named plaintiffs. All defenses to such future claims are 15 preserved. 16 3. The Court finds that dismissal without notice to absent class members 17 is appropriate under the factors articulated in Diaz v. Tr. Territory of Pac. Islands, 18 876 F.2d 1401, 1408 (9th Cir. 1989) because: (a) class notice has not issued and the 19 parties represented that they are unaware of any individual who is relying on this 20 lawsuit for any purpose; (b) absent class members would have ample time within the 21 statute of limitations, which has been tolled since the filing of this lawsuit, to pursue 22 their claims upon dismissal because the limitations period will not expire until at 23 least March of 2024; and (c) the relief requested in the Stipulation is not the product 24 of collusion because no party or their counsel is receiving any consideration resulting 25 from the Stipulation and no agreements concerning dismissal exist outside of it.

26 27 28 1

ORDER GRANTING JOINT STIPULATION OF DISMISSAL

Case 2:2 0-cv-02231-CBM-JC Document 91 Filed 03/28/22 Page 3 of 3 Page ID #:3833

1 2 3 4. Plaintiffs and defendant shall bear their own attorneys’ fees and costs. 4 5. No party is a prevailing party as of result of this dismissal. 5 6. The Clerk of Court is ordered to close this case. 6 7

8

IT IS SO ORDERED

9

10

11

12 Dated: MARCH 28, 2022 ____________________________________ 13 HON. CONSUELO B. MARSHALL

UNITED STATES DISTRICT JUDGE

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

ORDER GRANTING JOINT STIPULATION OF DISMISSAL