STIPULATION FOR VOLUNTARY DISMISSAL; ORDER

SHEILA K. OBERTO, Magistrate Judge.

This Stipulation and Order is entered into between Plaintiffs KELLY CHANG-LUNA and ESTEBAN SOLIS ("Plaintiffs") and Defendant ULTA SALON, COSMETICS & FRAGRANCE, INC. ("Defendant") (hereinafter the "Parties"), by and through their counsel of record, as follows:

WHEREAS, Plaintiffs initiated the above entitled action by filing a proposed wage and hour class action complaint on March 10, 2017 against Defendant (hereinafter "the Action") in the Eastern District of the United States District Court;

WHEREAS, after filing the Action, Plaintiffs learned they were class members in a separate class action pending in the United States District Court in the Central District of California, titled Sarah Moore v. Ulta Salon, Cosmetics & Fragrance, Inc., Case No. CV-12-3224 FMO (AGRx) ("Moore action");

WHEREAS, Plaintiffs realized that the claims settled by the Moore action significantly overlapped with the claims asserted by Plaintiffs in this Action;

WHEREAS, the claims asserted and settled in the Moore action included: (1) failure to pay overtime compensation; (2) failure to compensate for all hours worked; (3) failure to pay all wages due upon discharge; (4) failure to provide required meal periods; (5) failure to authorize or permit rest periods; (6) failure to maintain required records; (7) waiting time penalties; and (8) unfair competition under California Business and Professions Code section 17200, et seq.;

WHEREAS, Plaintiff Kelly Chang-Luna timely opted out of the settlement of the Moore action and sought an individual settlement from Defendant;

WHEREAS, Plaintiff Esteban Solis did not opt out of the settlement of the Moore action;

WHEREAS, on July 25, 2017, the Central District Court issued final approval of the class action settlement, entered judgment and dismissed the action with prejudice;

WHEREAS, Defendant has never responded to the Action (but has been in communication with counsel for Plaintiffs) and Plaintiffs have not filed a motion for class certification in the Action;

WHEREAS, Plaintiff Chang-Luna now desires to dismiss her individual claims with prejudice against Defendant due to a settlement with Defendant;

WHEREAS, Plaintiff Solis now desires to dismiss his individual claims with prejudice in light of his participation as a class member in the settlement of the Moore action and the action titled Quinby et al. v. Ulta Salon, Cosmetics & Fragrance, Inc., in the Northern District Court of California, Case No. CV-15-4099 WHO;

WHEREAS, Rule 23(e) of the Federal Rules of Civil Procedure permits voluntary dismissal of the putative class action allegations and dismissal of the named plaintiffs' claims prior to certification of a class action without Court approval or notice to the putative class;1

WHEREAS, dismissal of this Action will not impair the claims of putative class members, if any, because the Action has not been certified as a class action;

WHEREAS, notice to the proposed class is not warranted in this case, as the Action has not been certified as a class action;

IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, that the Court enter an Order that this Action be dismissed with prejudice, but that such Order will not affect the rights of putative class members, other than Plaintiffs Kelly Chang-Luna and Esteban Solis, to bring any existing claims they may have. Each party shall bear their or its own attorneys' fees and costs.

IT IS SO STIPULATED.

ORDER

Pursuant to the parties' above-stipulation (Doc. 13), and GOOD CAUSE appearing, the Court ORDERS:

1. That this Action is dismissed with prejudice;

2. That because no class has been certified, this Order has no effect on the existing rights of putative class members other than Plaintiffs Kelly Chang-Luna and Esteban Solis;

3. That each Party shall bear their or its own attorneys' fees and costs; and

4. That the Clerk of Court close this case.

IT IS SO ORDERED.