Abante Rooter and Plumbing v. Straight Line Source Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ABANTE ROOTER AND PLUMBING, Case No. 18-cv-07230-KAW

8 Plaintiff,

ORDER REQUIRING

9 v. SUPPLEMENTAL BRIEFING

10 STRAIGHT LINE SOURCE INC., et al., Re: Dkt. No. 17 11 Defendants.

12 13 On September 16, 2019, Plaintiff filed a voluntary dismissal of the individual claims with 14 prejudice, and class claims without prejudice. (Dkt. No. 17.) Plaintiff, however, did not address 15 the Diaz factors, as required by the Court’s July 17, 2019 order. (Dkt. No. 16 at 1.) 16 “Under Rule 23(e), the court must approve any dismissal or compromise of a class action.” 17 Diaz v. Tr. Territory of Pac. Islands, 876 F.2d 1401, 1408 (9th Cir. 1989). “Courts in this district 18 have expressed some uncertainty about whether Rule 23(e) still applies to pre-certification 19 settlement proposals in the wake of the 2003 amendments to the rule but have generally assumed 20 that it does.” Lyons v. Bank of Am., N.A., Case No. 11-cv-1232-CW, 2012 WL 5940846, at *1 21 (N.D. Cal. Nov. 27,…