Opinion
4:19-cv-05049-MKD
12-18-2023
MYLA KURTZ, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. RHHC TRIOS HEALTH, LLC, et al., Defendants.
ORDER ON STIPULATED MOTION TO DISMISS OPT-INS OF COLLECTIVE ECF NO. 255
MARY K. DIMKE UNITED STATES DISTRICT JUDGE
Before the Court is the parties' Stipulated Motion to Dismiss Opt-Ins Out of Collective, ECF No. 255. Plaintiff seeks to dismiss without prejudice the claims of 52 putative FLSA collective members that have filed Opt-In forms. ECF No. 255. On September 17, 2021, the Hon. Rosanna M. Peterson issued an Order finding that the Court had no personal jurisdiction over the claims of opt-in members that could not demonstrate a connection between the alleged conduct of a defendant and Washington state. ECF No. 112. The instant Stipulated Motion dismisses the claims of Opt-In Plaintiffs that did not work for Defendants in Washington state.
Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) and LCivR 41(a)(1)(B), a plaintiff may dismiss an action without court order by filing a Stipulated Motion to Dismiss signed by all parties who have appeared. The Stipulated Motion is signed by counsel for all parties.
Accordingly, IT IS ORDERED:
1. The parties' Stipulated Motion to Dismiss Opt-Ins Out of Collective, ECF No. 255, is GRANTED.
2. The claims of the opt-in plaintiffs listed in the parties' Stipulated Motion, ECF No. 225 at 3-4, are DISMISSED without prejudice and without an award of fees or costs.
IT IS SO ORDERED. The District Court Executive is directed to file this order and provide copies to counsel.