Nipper

Nipper v. Penn Foster, LLC

Good Law
United States District Court, Eastern District of CaliforniaDecember 21, 20231:23-cv-01655California530 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH NIPPER, individually and on behalf of Case No. 1:23-cv-01655-CDB all others similarly situated,

ORDER DIRECTING CLERK OF

Plaintiff, COURT TO CLOSE CASE PURSUANT v. TO RULE 41(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE

PENN FOSTER, LLC.

(Doc. 7) Defendant. 16 17 On November 28, 2023, Plaintiff Joseph Nipper (“Plaintiff”) filed the operative complaint in which he asserts claims on behalf of himself and a putative class against Defendant Penn Foster, LLC (“Defendant”). (Doc. 1). Defendant has not filed an answer to the complaint. Pending before the Court is Plaintiff’s notice of voluntary dismissal without prejudice. (Doc. 7). As Plaintiff’s notice of voluntary dismissal comports with the requirements of Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff is entitled to dismiss his individual claims (at least) without court order. In a class action, however, court…

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