White
White v. The Kroger Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
PHILLIP WHITE,
Case No. 21-cv-08004-RS Plaintiff, 11 v. ORDER CONDITIONALLY GRANTING MOTION TO DISMISS THE KROGER CO., et al., 13 Defendants.
15 Plaintiff Phillip White filed a motion seeking to dismiss this putative class action pursuant to Fed. R. Civ. P. 41(a)(1)(2) without prejudice, arguing discovery has shown the damages potentially recoverable by the class do not meet the minimum required by the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d) (CAFA), under which the complaint invoked federal jurisdiction. White also asserts he seeks dismissal to stop defendant The Kroger Company’s alleged “persistent and escalating harassment and intimidation” through “use of subpoenas to harass Plaintiff, Plaintiff’s friends, Plaintiff’s counsel, and Plaintiff’s counsel’s family members.” White has not shown dismissal for lack of jurisdiction is compelled. As Kroger correctly points out, for cases filed…