Chu

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYO HAK CHU, Case No. 19-cv-04182-KAW

Plaintiff,

ORDER REQUIRING

v. SUPPLEMENTAL BRIEFING

EDDIE BAUER LLC, Re: Dkt. Nos. 17, 18 Defendant.

12 On January 21, 2020, Plaintiff filed an amended notice of dismissal, seeking to dismiss the individual claim with prejudice and the class claims without prejudice. (Dkt. No. 18.) Plaintiff also filed a response to the Court’s January 15, 2020 order requiring that Plaintiff address the Diaz factors if Plaintiff sought to dismiss the class claims. (Dkt. No. 17; see also Dkt. No. 16.) Plaintiff did not address the address the Diaz factors, but instead stated that he did not need to address the factors due to the amendment of Rule 23(e). While Diaz pre-dates the Rule 23 amendments, and “courts in this district have noted ‘some uncertainty’ about the continued application of Rule 23(e) to pre-certification settlement proposals in the wake of the 2003…