govinfo:USCOURTS-cand-3_26-cv-00619-0

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United States District Court 
Northern District of California 
 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
 
SITI AISHAH RIDZUAN, 
Plaintiff, 
v. 
 
THE CONTAINER STORE, INC., 
Defendant. 
 

 
 
ORDER RE SUPPLEMENTAL 
BRIEFING 
 
Docket No. 18 
 
 
 
The parties have filed a stipulation of dismissal in this putative class action. No class has 
been certified in the case. Under the stipulation, Plaintiff will dismiss her individual claims with 
prejudice and the claims of the putative class without prejudice. 
 
Federal Rule of Civil Procedure Rule 23(e) requires the Court to 
review and approve a proposed voluntary dismissal, settlement, or 
other compromise of a certified class's claims. The Ninth Circuit 
has held that Rule 23(e) also applies to settlements before 
certification, but in a much lighter form that does not entail "the kind 
of substantive oversight required when reviewing a settlement 
binding upon the class." Diaz v. Trust Territory of Pac. Islands, 876 
F.2d 1401, 1408 (9th Cir. 1989). Although there has been "some 
uncertainty" about whether this holding applies in the wake of the 
2003 amendments to Rule 23(e), courts in this district continue to 
follow Diaz to evaluate the proposed settlement and dismissal of 
putative class claims. 
 
Scott v. Comcast Cable Communs. Mgmt., LLC, No. 16-cv-06869-EMC, 2018 U.S. Dist. LEXIS 
6914, at *1-2 (N.D. Cal. Jan. 16, 2018). 
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United States District Court 
Northern District of California 
The Court orders the parties to file supplemental briefing and/or evidence regarding the 
Diaz factors. The supplemental briefing shall include a description of all publicity concerning this 
case and its filing. A joint supplemental brief is strongly preferred. If the parties take divergent 
positions on any particular factor, they may so note and then each state its respective position. 
The supplemental brief and/or evidence shall be filed within a week of the date of this 
order. 
 
IT IS SO ORDERED. 
 
Dated: June 16, 2026 
 
______________________________________ 
EDWARD M. CHEN 
United States District Judge 

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