Abante Rooter and Plumbing v. Straight Line Source Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ABANTE ROOTER AND PLUMBING, Case No. 18-cv-07230-KAW
Plaintiff,
ORDER REQUIRING
v. SUPPLEMENTAL BRIEFING
STRAIGHT LINE SOURCE INC., et al., Re: Dkt. No. 17 Defendants.
12 On September 16, 2019, Plaintiff filed a voluntary dismissal of the individual claims with prejudice, and class claims without prejudice. (Dkt. No. 17.) Plaintiff, however, did not address the Diaz factors, as required by the Court’s July 17, 2019 order. (Dkt. No. 16 at 1.) “Under Rule 23(e), the court must approve any dismissal or compromise of a class action.” Diaz v. Tr. Territory of Pac. Islands, 876 F.2d 1401, 1408 (9th Cir. 1989). “Courts in this district have expressed some uncertainty about whether Rule 23(e) still applies to pre-certification settlement proposals in the wake of the 2003 amendments to the rule but have generally assumed that it does.” Lyons v. Bank of Am., N.A., Case No. 11-cv-1232-CW, 2012 WL 5940846, at *1 (N.D. Cal. Nov. 27,…