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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MOHAMMED AZAD, et al.,

Plaintiffs,

v.

TOKIO MARINE HCC - MEDICAL 

INSURANCE SERVICES GROUP, et al.,

Defendants.

Case No. 17-cv-00618-PJH 

ORDER DISMISSING CASE WITH

PREJUDICE AND STRIKING 

VOLUNTARY DISMISSAL

Re: Dkt. Nos. 98, 99

As explained below, because there is no longer a case or controversy in front of 

the court, the case is DISMISSED WITH PREJUDICE. The court also STRIKES 

proposed plaintiff Ladan Abdollahi’s notice of voluntary dismissal. 

On February 7, 2017, plaintiffs Mohammed Azad and Danielle Buckley initiated 

this putative class action. Dkt. 1.

After complete briefing and hearing on the matter, on July 14, 2017, the court 

granted defendants’ motions to dismiss. Dkt. 86. Plaintiffs were granted leave to file an 

amended complaint by August 7, 2017. Id. at 18. However, plaintiffs were prohibited 

from adding claims or parties without leave of court or stipulation of defendants. Id. 

On August 3, 2017, plaintiffs Azad and Buckley accepted settlement offers from 

HCC Medical Insurance Services, LLC and HCC Life Insurance Company (together, 

“HCC”). Dkt. 96-1 ¶ 2. On August 4, 2017, the parties stipulated to a two-week 

extension for plaintiffs to file an amended complaint. In its order granting the stipulated 

extension, the court reiterated that “if plaintiffs intended to add or substitute new class 

representatives, they must either obtain the consent of the defendants, or file a motion for 
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United States District Court

Northern District of California

leave of court by the” August 21, 2017 deadline. Dkt. 88. 

On August 17, 2017, Azad and Buckley executed settlement agreements releasing

all claims against HCC. Id. On August 21, 2017, plaintiffs timely filed a motion for leave 

to amend the complaint. Dkt. 89. The proposed amended complaint sought substitution 

of a new plaintiff and class representative, Ladan Abdollahi. Dkt. 89-1. On August 31, 

2017, the parties' stipulation extending the time for defendants to respond to the motion 

to September 12, 2017, was approved by the court. Dkt. 93.

On September 11, 2017, Azad and Buckley voluntarily dismissed, with prejudice, 

all claims made against all defendants in this action. Dkt. 94-95. 

Notwithstanding that dismissal, defendants filed their opposition to the motion to 

amend on September 12, 2017. Dkt. 96. On September 19, 2017, proposed plaintiff 

Abdollahi withdrew her motion for leave to amend. Dkt. 97. The next day, proposed 

plaintiff Abdollahi filed a notice of voluntary dismissal of her claims. Dkt. 98.

The court finds that this case must now be DISMISSED WITH PREJUDICE. The 

named plaintiffs, Azad and Buckley, voluntarily dismissed their claims against all 

defendants on September 11, 2017, WITH PREJUDICE. While plaintiffs did meet the 

deadline to file a motion to amend the complaint, that motion has now been withdrawn

without the court either granting or denying it. At this time, therefore, there is neither a 

named plaintiff nor an operative complaint. “As a result, there is no live case or 

controversy to be decided within the meaning of Article III of the United States 

Constitution.” Garcia v. Lane Bryant, Inc., No. 11-1566C, 2012 WL 293544, at *3 (E.D. 

Cal. Jan. 31, 2012) (internal quotation marks omitted); Employers-Teamsters Local Nos. 

175 & 505 Pension Tr. Fund v. Anchor Capital Advisors, 498 F.3d 920, 924 (9th Cir. 

2007) (“[A] suit brought as a class action must as a general rule be dismissed for 

mootness when the personal claims of all named plaintiffs are satisfied and no class has 

been properly certified.”).

The court also STRIKES proposed plaintiff Abdollahi’s notice of voluntary 

dismissal. Ladan Abdollahi withdrew her proposed complaint before it was ever 
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United States District Court

Northern District of California

approved by the court. Abdollahi is therefore not a party to this case and has no claims 

against any defendant to voluntarily dismiss. 

The Clerk shall close the case.

IT IS SO ORDERED.

Dated: September 22, 2017

__________________________________

PHYLLIS J. HAMILTON

United States District Judge