Chavez v. LLC et al

Northern District of California, cand-4:2015-cv-02186

ORDER REQUIRING BRIEFING RE {{13}} STIPULATION WITH PROPOSED ORDER Dismissing Entire Action. Case Management Conference continued to 10/6/2015 at 01:30 PM. Signed by Judge Kandis A. Westmore on 07/17/2015. (kawlc2S, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ERIC CHAVEZ, et al., 7 Case No. 15-cv-02186-KAW Plaintiffs, 8 v. ORDER REQUIRING BRIEFING 9 REGARDING STIPULATION OF GOLDEN STATE FC, LLC, et al., DISMISSAL 10 Defendants. Re: Dkt. No. 13 11 12 Northern District of California United States District Court 13 The parties to the above-captioned case have filed a stipulation, along with a proposed 14 order, dismissing the entire action. They ask that the Court dismiss the named plaintiff's 15 individual claims with prejudice and the class claims without prejudice. As class certification has 16 not been sought and no class has been certified, notice was not sent to a prospective class. The 17 parties, however, did not address the factors set forth in Diaz v. Trust Territory of Pacific Islands, 18 876 F.2d 1401, 1408 (9th Cir. 1989), which this Court must consider prior to dismissing a class 19 action under these circumstances. Accordingly, the parties shall file a brief addressing these 20 factors and shall provide any necessary declarations to satisfy the Court that dismissal is 21 appropriate. The parties shall also submit a proposed order that addresses the Diaz factors. 22 The case management conference currently set for August 11, 2015 is CONTINUED to 23 October 6, 2015. 24 IT IS SO ORDERED. 25 Dated: 07/17/2015 __________________________________ 26 KANDIS A. WESTMORE 27 United States Magistrate Judge 28