Opinion
3:19-cv-05711-EMC
08-13-2021
ABANTE ROOTER AND PLUMBING, INC., individually and on behalf of all others similarly situated, Plaintiff, v. TOTAL MERCHANT SERVICES, LLC, a Delaware limited liability company, Defendant.
Patrick H. Peluso Counsel for Plaintiff Richard T. Drury Rebecca Davis Lozeau Drury LLP Steven L. Woodrow Patrick H. Peluso Taylor T. Smith Woodrow & Peluso, LLC Counsel for Defendant Beth-Ann E. Krimsky Lawren A. Zann GREENSPOON MARDER LLP
Patrick H. Peluso Counsel for Plaintiff Richard T. Drury Rebecca Davis Lozeau Drury LLP Steven L. Woodrow Patrick H. Peluso Taylor T. Smith Woodrow & Peluso, LLC
Counsel for Defendant Beth-Ann E. Krimsky Lawren A. Zann GREENSPOON MARDER LLP
STIPULATION OF DISMISSAL
EDWARD M. CHEN JUDGE
Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), Plaintiff and Defendant, through their undersigned counsel, hereby stipulate and agree to the dismissal of this action in its entirety with prejudice with respect to all claims alleged by Plaintiff against Defendant, with all parties to bear their own attorneys' fees and expenses.
Fed. R. Civ. P. 41(a)(1)(A)(ii) allows the parties to stipulate to the dismissal of an action at any time. Rule 23(e) does not limit the right to stipulate to dismissal of this action because it only applies to certified classes, and no class has been certified in this matter. Likewise, the case does not involve any Receiver so as to implicate Rule 66.
Accordingly, pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), Plaintiff and Defendant agree that the action shall be dismissed in its entirety and with prejudice. Plaintiff and Defendant further agree that each party is to bear its own attorney's fees and costs.