Elizabeth Haviland v. Thorne Healthtech, Inc. ( 2024 )

1 2 3 4 5 JS-6 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 ELIZABETH HAVILAND, individually and ) Case No. CV 24-7760 FMO (JCx) 11 on behalf of all others similarly situated, ) ) 12 Plaintiff, ) ) ORDER DISMISSING ACTION 13 v. ) ) 14 THORNE HEALTHTECH, INC., ) ) 15 Defendant. ) ) 16 ) 17 The complaint in the above-captioned case contains individual and class allegations, but 18 no answer has been filed and no substantial action has been taken in this matter. (See, generally, 19 Dkt.). Now, the court is informed that the parties have settled plaintiff’s individual claims. (See 20 Dkt. 13, Notice of Settlement). 21 Having reviewed the case file and determined that no prejudice to the class will result from 22 the dismissal, IT IS ORDERED that the above-captioned action is hereby dismissed without 23 prejudice as to the class claims and with prejudice as to the individual claims. The dismissal shall 24 be without costs and plaintiff shall retain the right, upon good cause shown within 30 days from 25 the filing date of this Order, to re-open the action if settlement is not consummated. The court 26 retains full jurisdiction over this action and this Order shall not prejudice any party to this action. 27 Failure to re-open or seek an extension of time to re-open the action by the deadline set forth 28 above shall be deemed as consent by the parties to dismissal of the action without prejudice as 1 to the class claims. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 2 82 S.Ct. 1386, 1388 (1962). 3 Dated this 18th day of November, 2024. 4 5 /s/ Fernando M. Olguin 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28