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Chris Melingonis, Individually and On v. Action Network Communications International Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 19, 2011

CHRIS MELINGONIS, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
ACTION NETWORK COMMUNICATIONS INTERNATIONAL CORP., D.B.A. 1-800-CALL-4-LESS, DEFENDANT.

The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge

ORDER GRANTING PARTIES' JOINT MOTION TO DISMISS

[Doc. No. 27]

On June 29, 2010, Plaintiff Chris Melingonis commenced this purported action against Defendant Network Communications International Corp. (d/b/a 1-800-Call-4-Less). Plaintiff filed a First Amended Complaint ("FAC") on September 13, 2010. [Doc. No. 7.] Defendant filed a motion to dismiss Plaintiff's FAC pursuant to Federal Rule of Civil Procedure 12(b)(6) on September 30, 2010. [Doc. No. 11.] On November 30, 2010, the Court denied Defendant's motion to dismiss. [Doc. Nos. 16, 18.] This matter has not yet been certified as a class action.

On September 15, 2011, named Plaintiff Chris Melingonis and Defendant filed a Joint Motion pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), requesting the Court dismiss the above-captioned action. [Doc. No. 27.] The parties request that the Court dismiss the matter, with prejudice as to Mr. Melingonis, and without prejudice as to the alleged putative class. Further, Mr. Melingonis has "agreed to release any and all interest he may have had in class representation through this action and disclaims any future personal stake in the class action. . . ."

Upon due consideration, and good cause appearing, the Court GRANTS the parties' Joint Motion. Accordingly, this action is DISMISSED WITH PREJUDICE as to the named Plaintiff Chris Melingonis, and DISMISSED WITHOUT PREJUDICE as to the alleged putative class. The Clerk of Court is hereby instructed to close the case file.

IT IS SO ORDERED.

20110919

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