Case :-cv-000-ben-dhb Document Filed 0/0/ Page of 0 Jeffrey R. Krinsk, Esq. (SBN 0) jrk@classactionlaw.com Mark L. Knutson, Esq. (SBN 0) mlk@classactionlaw.com William R. Restis, Esq. (SBN ) wrr@classactionlaw.com Trenton R. Kashima, Esq. (SBN 0) trk@classactionlaw.com 0 West C St., Suite 0 San Diego, California 0 Telephone: () - Facsimile: () - Attorneys for Plaintiffs and the Putative Classes UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OMARI BOBO, individually and on behalf of all others similarly situated, v. Plaintiff, WOODBOLT DISTRIBUTION, LLC, d/b/a Cellucor and Nutrabolt, a Delaware limited liability company, Defendant. Case No: -cv-000-ben-dhb NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO PLAINTIFF S INDIVIDUAL CLAIMS AND WITHOUT PREJUDICE AS TO ANY CLAIMS OF ABSENT PUTATIVE CLASS MEMBERS Judge: Hon. Roger T. Benitez NOTICE OF DISMISSAL -cv-000-ben-dhb
Case :-cv-000-ben-dhb Document Filed 0/0/ Page of 0 TO THE CLERK OF THE SOUTHERN DISTRICT OF CALIFORNIA AND ALL COUNSEL OF RECORD: PLEASE TAKE NOTICE that Plaintiff Omari Bobo, pursuant to Federal Rule of Civil Procedure (a)(), hereby voluntarily dismisses the above-entitled action against Defendant Woodbolt Distribution, LLC, d/b/a Cellucor and Nutrabolt, with prejudice as to his individual claims, but without prejudicing any claims of absent putative class members. Before Defendant served Plaintiff with its answer, or a motion for summary judgment, the parties were able to reach an agreement resolving all of the claims and causes of action asserted. FED. R. CIV. P. (a)()(a)(i) (allowing plaintiff to dismiss an action without a court order by filing a notice of dismissal). A class has not been certified in this action; thus, this voluntary dismissal does not implicate the requirements of Rule (e). FED. R. CIV. P. (e) ( The claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval. ); Committee Notes on Rule 0 Amendment ( The new rule requires approval only if the claims, issues, or defenses of a certified class are resolved by a settlement, voluntary dismissal, or compromise. ) DATED: February, NOTICE OF DISMISSAL -- Respectfully submitted, By: /s/ Trenton R. Kashima Trenton R. Kashima, Esq. Jeffrey R. Krinsk, Esq. Mark L. Knutson, Esq. William R. Restis, Esq. 0 West C St., Suite 0 San Diego, CA 0- Telephone: () - Facsimile: () - -cv-000-ben-dhb
Case :-cv-000-ben-dhb Document - Filed 0/0/ Page of Jeffrey R. Krinsk, Esq. (SBN 0) jr~~classactionlaw.com Mark L. Knutson! Esq. (SBN 0) mlk@classaction aw.com Wilham R. Restis, Esq. (SBN ) wrr@classactionlaw.com Trenton R. Kashima, Esq. (SBN 0) trk~classactionlaw.com <JWest C St.~ Suite 0 San Diego, CalIfornia 0 Telephone: () - FacsImile: () - Attorneys for Plaintiff and the Putative Classes 0 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OMARI BOBO, individually and on behalf of all others similarly situated" Plaintiff, Case No: -cv-00-ben DHB v. WOODBOLT DISTRIBUTION, LLC, d/b/a Cellucor and Nutrabolt, a Delaware limited liability company, Defendants. I, the undersigned, declare that I am over the age of eighteen () years and not a party to the within action. I am employed in the County of San Diego, State of California. My business address is 0 W. C Street, Suite 0, San Diego, California 0. I served the following document(s) on February,: Notice of Volutary Dismissal with Prejudice as to Plaintiff's Individual Claims and Without Prejudice as to Any Claims of Absent Putative Class Members -cv"()() REN DHR
Case :-cv-000-ben-dhb Document - Filed 0/0/ Page of 0 On the person(s) listed below: Michael J. DiMaggio General Counsel ~ Chief Legal Officer Woodbolt DistributionlNutrabolt mdimaiio~utrabolt.com Tel.: () -0 By the following means: VIA U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the ~rson(s) at the address( es) listed above. I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing corresp'ondence for mailing. On the same day that corresponoence is place for collection and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service, in a sealed envelope with postage fully prepaid. VIA OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an. overnight delivery carrier and addressed to the person(s) at the address hsted above. I placed the envelo~ or package for collectio~ and ov:ernight d~livery to an office or a regularly utilized drop 0x of the overnight dehvery camero VIA FACSIMILE TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the pet:son( s) at the fax number(s) listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. xx VIA ELECTRONIC TRANSMISSION: Based on a court order or agreement of the parties to accept electronic service, I caused the documents to be sent to the person( s) at the electronic service address( es) listed above. VIA NOTICE OF ELECTRONIC FILING (ECJr): Electronic Services via the Court's CMlECF system pursuant to CivLR S.(c). VIA PERSONAL SERVICE: I P.ersonall):' delivered the documents to the person(s) at the address(es) listed above. 0) For a party represented by an attorney, delivery was made to the attorney or at the attorney.'s office by leaving the documents, in an envelope or package clearly' labeled to identify the attorney being served with a receptionist or an individual in charge of the office, between the nours of nine In the morning and five in the evening. () For a party delivery was made to the party or by I leaving the documents at the p.arty~s reside!ce ~ith some person nc?t younger th~ l~ years of age between the hours ofeight In the morning and SIX In the evemng. PR.ooF OF SERVICE -cv-00 BEN ORR
Case :-cv-000-ben-dhb Document - Filed 0/0/ Page of 0 I declare under penalty of perjury under the laws of the United State of America, that the foregoing is true and correct and that I am employed in the office, at whose direction the within service was made. Executed: February,, at San Diego, California. ~~ Rebecka A. Garcia l Hi-cv-00 RF.N DHR