Janice Schmidt, et al. v. Standard Life Insurance Company, et al.

Summary

The United States District Court for the Eastern District of California directs the Clerk to close a putative class action after the parties filed a stipulated dismissal with prejudice. The court concludes that Rule 23(e) does not require approval or notice because no class was certified and orders dismissal with prejudice as to the plaintiffs’ individual claims and without prejudice as to putative class claims.

Holdings

1. Rule 23(e) did not require court approval or notice because no class had been certified and no class had been proposed for certification for purposes of settlement in this action.
2. The parties' jointly executed stipulation satisfied Rule 41(a)(1)(A)(ii), so the action terminated by operation of law without further court order.

Questions Presented

1. Whether Federal Rule of Civil Procedure 23(e) required court approval or notice to putative class members before dismissal of this putative class action.
2. Whether the parties' stipulated dismissal required a court order under Federal Rule of Civil Procedure 41.

Disposition

dismissed