Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc.

S.D. California

Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc.

DecidedOctober 20, 2025

Docket3:23-cv-00565

StatusUnknown

This text of Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc. (Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc., (S.D. Cal. 2025).

Pincite

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHAHNAZ ZARIF, individually and on Case No. 23-cv-00565-BAS-DEB behalf of others similarly situated, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS ENTIRE v. ACTION WITH PREJUDICE (ECF 14 No. 48) HWAREH.COM, INC., 15 Defendant. 16

17 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 18 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 19 9.) 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 25 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 1 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 2 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 3 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 4 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 5 ||(ECF No. 48.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual 6 || claims against Defendants. Although Plaintiff filed this case as a putative class action, the 7 ||Court did not certify a class. Therefore, this dismissal does not affect the putative class 8 ||members’ claims. Each party shall bear its own costs and attorney’s fees. The Court also 9 || DIRECTS the Clerk of Court to close the case. 10 IT IS SO ORDERED. 11 12 || DATED: October 20, 2025 (yatta Bahar B H n. Cynthia Bashant, Chief Judge United States District Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHAHNAZ ZARIF, individually and on Case No. 23-cv-00565-BAS-DEB behalf of others similarly situated, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS ENTIRE v. ACTION WITH PREJUDICE (ECF 14 No. 48) HWAREH.COM, INC., 15 Defendant. 16

17 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 18 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 19 9.) 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 25 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 1 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 2 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 3 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 4 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 5 ||(ECF No. 48.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual 6 || claims against Defendants. Although Plaintiff filed this case as a putative class action, the 7 ||Court did not certify a class. Therefore, this dismissal does not affect the putative class 8 ||members’ claims. Each party shall bear its own costs and attorney’s fees. The Court also 9 || DIRECTS the Clerk of Court to close the case. 10 IT IS SO ORDERED. 11 12 || DATED: October 20, 2025 (yatta Bahar B H n. Cynthia Bashant, Chief Judge United States District Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_

Cite This Page — Counsel Stack

Bluebook (online)

Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/shahnaz-zarif-individually-and-on-behalf-of-others-similarly-situated-v-casd-2025.

Opinion

Related

Cite This Page — Counsel Stack