Abante Rooter and Plumbing, Inc. v. Total Merchant Services, LLC
- Edward Chen
- 3:19-cv-05711
- U.S. District Court · Northern District of California
- 2
In Abante Rooter v. Total Merchant, Judge Chen requested information before approving a proposed class-action dismissal.
The plaintiff, the defendant, and the people included in the proposed class were affected. The parties had to provide the requested information before the court would decide whether to approve the proposed dismissal.
What happened
In Abante Rooter and Plumbing, Inc. v. Total Merchant Services, LLC, the parties asked the court to approve a voluntary dismissal of the case. The proposed dismissal would end the plaintiff’s claims with prejudice but dismiss claims of the proposed class without prejudice.
The court said it needed information about how widely the case had been publicized and what information had been shared with proposed class members. Federal Rule of Civil Procedure 23(e) requires court approval before a class action is dismissed or settled, to protect people who are not named parties. The requirement applies even though the class had not been formally certified.
Judge Edward M. Chen ordered the parties to file, by August 20, 2021, a description of the publicity and information shared about the case. The order did not approve or reject the proposed dismissal.
The detailed version
- Abante Rooter and Plumbing, Inc. v. Total Merchant Services, LLC · No. 3:19-cv-05711
- Edward Chen
- Aug. 13, 2021
Background The parties filed a Notice of Voluntary Dismissal of Action With Prejudice as to the plaintiff and Without Prejudice as to the putative class. A putative class is a proposed group of people whose claims have not yet been formally certified as a class action. The court had not yet approved the proposed dismissal.
Court’s analysis The court relied on Federal Rule of Civil Procedure 23(e), which requires court approval of a class-action dismissal or settlement and requires notice to class members in a manner the court directs. The purpose is to protect absent class members. The court stated that this protection applies even when the class has not been certified.
Before deciding whether to approve the parties’ notice, the court requested information about the scope and nature of publicity concerning the lawsuit. It also sought information about what had been shared with the public and proposed class members, including information relevant to preventing misplaced reliance on the lawsuit and possible consequences involving tolling of the statute of limitations.
Order Judge Edward M. Chen ordered the parties to file, by August 20, 2021, a description of the publicity and the information shared with the public and proposed class members. The order requested information; it did not approve or reject the proposed voluntary dismissal.
Disposition The opinion is an order requesting information before the court decides whether to approve the proposed dismissal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.