Blair v. Classic Party Rentals, Inc.

Full title: ZACHARY BLAIR, Plaintiff, v. CLASSIC PARTY RENTALS, INC., ET. AL.…

Court: United States District Court, Eastern District of California

Date published: Jun 18, 2021

1:20-CV-01194-DAD-HBK (E.D. Cal. Jun. 18, 2021)

Opinion

1:20-CV-01194-DAD-HBK

06-18-2021

ZACHARY BLAIR, Plaintiff, v. CLASSIC PARTY RENTALS, INC., ET. AL., Defendants

HELENA M. BARCH-KUCHZA, UNITED STATES MAGISTRATE JUDGE

ORDER OF VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 41(A)(1)(A)(I) AS TO THE APOLLO ENTITIES DEFENDANTS ONLY

(DOC. NO. 32)

HELENA M. BARCH-KUCHZA, UNITED STATES MAGISTRATE JUDGE

Plaintiff filed this putative class action complaint, which was removed to this court on August 24, 2020. (Doc. No. 1). On May 26, 2021, Plaintiff filed a Request for Voluntary Dismissal as to Defendants Apollo Global Management, Inc., Apollo Centre Street Partnership, L.P., Apollo Franklin Partnership, L.P., Apollo Credit Opportunity Fund III AIV LP, Apollo SK Strategic Investments, L.P., Apollo Special Opportunities Managed Account, L.P., and Apollo Zeus Strategic Investments, L.P. (the “Apollo Entities”) pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i). (Doc. No. 32). A plaintiff may dismiss an action “without a court order” before the defendant answers or moves for summary judgment. Fed.R.Civ.P. 41(a)(1)(A)(i). Such dismissal is deemed to be without prejudice unless the notice states otherwise. Id., 41(a)(1)(B).

According to the notice, Plaintiff and the Apollo Entities have reached a settlement resolving Plaintiff's individual claims. (Doc. No. 32 at 2). The Apollo Entities have neither answered nor filed a motion for summary judgment.¹ The notice states that the dismissal shall be “with prejudice” as to Plaintiff's individual claims, but “without prejudice” as to any putative class claims. (Id.)

1 Defendant Insperity PEO Services, L.P filed an Answer. (See Doc. No. 1 at 65). Defendant Apollo filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6). (Doc. No. 11).

Accordingly, it is ORDERED:

1. Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), this action is dismissed without prejudice as to the putative class claims and with prejudice as to Plaintiff's individual claims as to Defendants Apollo Global Management, Inc., Apollo Centre Street Partnership, L.P., Apollo Franklin Partnership, L.P., Apollo Credit Opportunity Fund III AIV LP, Apollo SK Strategic Investments, L.P., Apollo Special Opportunities Managed Account, L.P., and Apollo Zeus Strategic Investments, L.P.

2. The Clerk of Court shall terminate document number 32 as a pending motion.

IT IS SO ORDERED.