Charman v. Selectquote Insurance Services
- Proceeding
- district
- Area
- civil
- Panel
- Roger T. Benitez (author)
Analysis
The court considered a joint motion filed by the plaintiff and defendant to dismiss the putative class action. The court granted the motion, dismissing the plaintiff's claims with prejudice and the putative class members' claims without prejudice.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss“Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court grants the Joint Motion.” | agree with court The court correctly applied Rule 41(a)(2) to grant a joint motion to dismiss. The court also properly applied the Ninth Circuit's standard from Diaz v. Trust Territory of Pacific Islands to determine that additional class notice was not required, which is the correct procedural step when dismissing a class action under Rule 41(a)(2). |
The order itself: sound — The order is procedurally sound. It correctly identifies the rule governing the motion (Rule 41(a)(2)) and applies the controlling Ninth Circuit precedent (Diaz) to address the specific issue of class notice, which is a mandatory consideration in such dismissals.
Opinion
ay | JAN 0 § 202 | soute Slee □□ 4 gee 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 □ 10 || THANE CHARMAN, individually and on| Case No.: 3:20-cv-0710-BEN-BLM 1 behalf of others similarly situated, . . □□□ ORDER GRANTING JOINT Plaintiff, 12 MOTION TO DISMISS V. 13 || SELECTQUOTE INSURANCE [ECE No. 29] SERVICES, □ Is Defendant. 16 . 7 On January 5, 2021, Plaintiff Thane Charman and Defendant SelectQuote 1g || !nsurance Services filed a Joint Motion for Dismissal. ECF No. 29. The Parties seek 19 dismissal of Plaintiff's claims with prejudice, and dismissal of the putative class’s claims || without prejudice. Jd. at 1. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the 91 Court grants the Joint Motion. The Court has also considered the factors set forth in Diaz v. Trust Territory of Pac. Islands, 876 F.2d 1401, 1408-11 (9th Cir. 1986), and 3 concludes additional class notice is not required in this case. Plaintiff’s claims are a4 || dismissed with prejudice, and any claims of putative class members are dismissed 95 || without prejudice. Each party shall bear its own costs, expenses, and fees, 26 ITISSOORDERED. ||Date: January fg, 2021 WM UL _¢ HOM. ROGER T.BENKIEZ 28 United States District Fudge” 3:20-cv-0710-BEN-BLM