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Sanchez v. Aviva Life and Annuity Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 28, 2010

ERNEST P. SANCHEZ, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
AVIVA LIFE AND ANNUITY COMPANY, A FOREIGN ENTITY OF UNKNOWN ORIGIN; LOOMIS WEALTH SOLUTIONS, INC., AN ILLINOIS CORPORATION; LAWRENCE LELAND LOOMIS, AN INDIVIDUAL; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on plaintiff Ernest P. Sanchez' ("plaintiff") motion to dismiss the class allegations, alleging defendants misrepresented and sold sham investments to plaintiff and others similarly situated.*fn1 Plaintiff moves to dismiss, pursuant to Federal Rule of Civil Procedure 41(a)(2), on the ground that information learned during the course of discovery has made class treatment of plaintiff's claims inappropriate. Rule 41(a)(2) permits a plaintiff to voluntarily dismiss an action upon receipt of court approval. Defendants filed a statement of non-opposition to the motion (Docket #110).

As such, the court HEREBY grants plaintiff's motion to dismiss all class allegations from the second amended complaint (Docket #102). This action shall proceed against defendants only with respect to plaintiff's individual claims.

IT IS SO ORDERED.


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