J. Costa v. Smuggler, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 J. COSTA and K. PAYNE, individually Case No. 2:23-cv-01468-WLH-RAO 11 and on behalf of all others similarly situated, 12 ORDER GRANTING 13 Plaintiffs, STIPULATION TO REMAND 14 v. REMOVED ACTION [44] 15 SMUGGLER, LLC, a Delaware Limited Liability Company fka 16 Smuggler, Inc., a California 17 Corporation; RARE BIRD HOLDINGS, INC., a Delaware 18 Corporation; BRIAN CARMODY, an 19 individual; PATRICK MILLING- SMITH, an individual; DIVISION7, 20 LLC, a Delaware Limited Liability 21 Company; and DOE 1 through and including DOE 10, 22 23 Defendants. 24 25 26 27 28 I On December 11, 2023, the parties submitted a stipulation (the “Stipulation’’) to 2 | (1) dismiss the claims in this action under the Fair Labor Standards Act (“FLSA”), 3 including the claim denominated as the “Ninth Cause of Action” and (2) remand the 4 | case to the Superior Court of California. (Docket No. 44). On December 15, 2023, the 5 | Court ordered the submission of supplemental briefing regarding the factors from Diaz O | Trust T erritory of Pac. Islands, 876 F.2d 1401, 1408 (9th Cir. 1989), which apply 7 “Twlhere parties seek to voluntarily dismiss class or collective claims prior to 8 certification,” including FLSA claims. Gonzalez v. Fallanghina, LLC, No. 16-CV- 9 | 01832-MEJ, 2017 WL 1374582, at *4 (N.D. Cal. Apr. 17, 2017) (emphasis added) 10 (applying Diaz to dismissal of FLSA collective claim); see also, e.g., Dunn v. Tchrs. Il | ms. & Annuity Ass’n of Am., No. 13-CV-05456-HSG, 2016 WL 153266, at *8 (N.D. 12 | Cal. Jan, 13, 2016) (same); Luo v. Zynga Inc., No. 13-CV-00186-NC, 2014 WL 457742, 13 | at *3-4 (ND. Cal. Jan. 31, 2014) (same). Plaintiffs filed their supplemental briefing on 14 | January 5, 2024. (Docket No. 46). I5 Having read and considered the Stipulation and supplemental briefing, and good 16 | cause appearing thereon, IT IS HEREBY ORDERED THAT: V7 1. The claims under the Fair Labor Standard Act, including the Claim denominated 18 as the “Ninth Cause of Action,” are hereby dismissed without prejudice; and 19 2. The case is remanded to the Superior Court of California, where the action was 20 commenced. 71 The Clerk of Court is directed to close the case. IT IS SO ORDERED. Dated: January 8, 2024 | af a Lif 25 HOMNPWESPE YA--HSU UNITED STATES DISTRICT JUDGE 27 28