Smith v. Superior Farms
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Ryan Smith, No. 2:20-cv-01778-KJM-DB Plaintiff, ORDER v. Superior Farms, 1S Defendant. 16 The court has reviewed the parties’ stipulated request to dismiss this action under Federal Rule of Civil Procedure 41, ECF No. 18. The court grants the request to dismiss. As provided 19 by the stipulation the court dismisses with prejudice plaintiff Ryan Smith’s individual claims. However, the putative class and collective action claims asserted in the complaint, ECF No. 1, are dismissed without prejudice. The court is satisfied that dismissal does not prejudice the putative class, given this case is only a year old and there is nothing in the record indicating class members are likely to have relied on this action to vindicate their interests. See Del Rio v. CreditAnswers, LLC, No. 10-346, 2011 WL 1869881, at *2 (S.D. Cal. May 16, 2011) (the court may consider “‘whether the…