Buchheim

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 GARY BUCHHEIM AND BRYAN Case No.: 3:21-cv-766-L-BGS

FLOAT,

Plaintiffs,

ORDER ON JOINT MOTION TO

v. DISMISS ACTION 13 DENNIS FENTON, et al., Defendants,

AND

ANAPTYSBIO, INC.,

18 Nominal Defendant. 20 Pending before the Court is the parties’ joint motion to dismiss this derivative 21 action without prejudice. (ECF 30). 22 Under Federal Rule of Civil Procedure 23.1(c), “notice of a proposed . . . voluntary 23 dismissal . . . must be given to shareholders or members in the manner that the court 24 orders.” (emphasis added). 25 Here, the parties assert notice “is unnecessary because the stipulated dismissal is 26 without prejudice; no compensation or consideration in any form has passed directly or 27 28 |}indirectly from any of the Defendants to Plaintiffs or Plaintiffs’ counsel; no promise to 2 || give any such compensation or consideration has been made; and the dismissal is without 3 ||…