1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES GAEFCKE, on behalf of himself and Case No. 1:23-cv-01470-NODJ-CDB others similarly situated, 12

ORDER DIRECTING CLERK OF

Plaintiff, 13 COURT TO CLOSE CASE PURSUANT v. TO RULE 41(a)(1) OF THE FEDERAL 14 RULES OF CIVIL PROCEDURE FLATIRON WEST, INC., et al. 15 (Doc. 21) Defendants. 16 Clerk of Court to Assign District Judge

17 18 On September 12, 2023, Plaintiff James Gaefcke (“Plaintiff”) commenced an action in the 19 Superior Court of the State of California, County of Kern, asserting claims on behalf of himself 20 and a putative class of others similarly situated. (Doc. 1-2). On October 12, 2023, Defendant 21 Flatiron West, Inc. (“Flatiron”) filed an answer to Plaintiff’s complaint. (Doc. 1 at 2). The next 22 day, Flatiron removed this action to this Court. Id. On October 19, 2023, Defendant Dragados 23 USA, Inc., filed an answer to Plaintiff’s complaint. (Doc. 9). On November 16, 2023, Flatiron 24 filed a joint notice of settlement of all claims between Plaintiff and Defendants. (Doc. 16). 25 Pending before the Court is the parties’ stipulated request for dismissal of action. (Doc. 26 21). As the parties’ stipulation of dismissal comports with the requirements of Fed. R. Civ. P. 27 41(a)(1)(A)(ii), Plaintiff is entitled to dismiss his individual claims (at least) without court order. 28 In a class action, however, court approval of dismissal may be required under Rule 41(a)(2) if the 1 | class has been certified. Specifically, Rule 23(e) provides that any claims arising out of either a 2 | (1) “certified class” or (2) “class proposed to be certified for purposes of settlement ... may be 3 | settled, voluntarily dismissed, or compromised only with the court's approval.” Fed. R. Civ. P. 4 | 23(e) (emphasis added). In this case, the parties jointly seek to dismiss the putative class claims 5 | pursuant to Rule 41(a)(1) without prejudice. (Doc. 21 at 3). No class has been certified, Plaintiff 6 | has not sought certification, nor has certification been proposed for purposes of settlement. 7 Because no class has been certified in this case, and because any dismissal would not 8 || affect putative class members’ claims, Rule 23(e) does not mandate either Court approval of the 9 | parties’ settlement or notice to putative class members. See Titus v. BlueChip Financial, 786 Fed. 10 | Appx. 694, 695 (9th Cir. 2019) (“Because no class has been certified, Titus is the only plaintiff 11 | before the court; once she has dismissed her claims with prejudice, no other plaintiff can step into 12 | her shoes to continue this legal action”) (unpublished) (citing Emp ’rs-Teamsters Local Nos. 175 13 | & 505 Pension Tr. Fund vy. Anchor Capital Advisors, 498 F.3d 920, 924 (9th Cir. 2007)). 14 In light of the parties’ filing that is consistent with Rule 41(a)(1)(A)Gi) and the Court’s 15 | finding above that under the circumstances, Rule 23(e) does not require Court approval of the 16 | dismissal, this action has been terminated by operation of law without further order of the Court. 17 | Comm. Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077-78 (9th Cir. 1999). 18 Accordingly, the Clerk of the Court is directed to assign a district judge for the purpose of 19 | closing this case and then to CLOSE THIS CASE and adjust the docket to reflect voluntary 20 | dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A) Gi). 21 | ITIS SOORDERED. ** | Dated: _ January 9, 2024 | br Pr 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28