Kevin Murgas, individually and on behalf of others similarly situated v. Walashek Industrial & Marine, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Jill L. Burkhardt (author)
Analysis
The court considered a joint motion by the plaintiff and defendant to dismiss the entire action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) following a settlement. The court granted the motion, dismissed the case without prejudice, and directed the Clerk to close the case.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss Entire Action Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) is granted.“Accordingly, the parties’ Joint Motion is GRANTED. This case is dismissed without prejudice in its entirety.” | agree with court The parties jointly stipulated to dismissal under Rule 41(a)(1)(A)(ii). The court correctly noted that because no class had been certified, Rule 23 did not require court approval of the settlement or notice to putative class members, citing relevant district court authority. The dismissal without prejudice is consistent with the parties' agreement and the procedural rules. |
The order itself: sound — The order is procedurally sound. It correctly identifies the basis for dismissal (joint stipulation under Rule 41) and addresses the potential hurdle of class action settlement requirements by noting the absence of a certified class. The cited authorities support the conclusion that no further court approval or notice was required.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KEVIN MURGAS, individually and on Case No.: 25-cv-00263-JLB behalf of others similarly situated, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS ENTIRE v. ACTION WITHOUT PREJUDICE 14 PURSUANT TO FED. R. CIV. P. WALASHEK INDUSTRIAL & 15 41(a)(1)(A)(ii) MARINE, INC., 16 Defendant. [ECF No. 32] 17 18 19 Before the Court is a Joint Motion to Dismiss Entire Action Without Prejudice 20 Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (ECF No. 32.) Plaintiff Kevin Murgas 21 (“Plaintiff”) and Defendant Walashek Industrial & Marine, Inc. jointly stipulate to dismiss 22 this action in its entirety without prejudice pursuant to Federal Rule of Civil Procedure 23 41(a)(1)(A)(ii). (Id. at 2.) The parties settled this case at mediation and, as part of the 24 settlement, stipulated to amend Plaintiff’s state court action to include the class claims at 25 issue in this federal action, to obtain approval and certification in the state court action, and 26 to dismiss this action without prejudice in its entirety. (Id.) Because no class has been 27 certified in this action, Federal Rule of Civil Procedure 23 does not mandate court approval 28 of the parties’ settlement or notice to putative class members. See Dougan v. Centerplate, 1 || 706 F. Supp. 3d 1025, 1027-31 (S.D. Cal. 2023); Richey v. GetWellNetwork, Inc., No. 2 3:20-cv-02205-BEN-BLM, 2021 WL 424281, at *3 (S.D. Cal. Feb. 8, 2021). 3 Accordingly, the parties’ Joint Motion is GRANTED. This case is dismissed 4 || without prejudice in its entirety. The Clerk of Court is directed to close the case. 5 IT IS SO ORDERED. 6 || Dated: November 19, 2025 - n. Jill L. Burkhardt 8 ited States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28