Alvarez v. Capital One Bank (USA), N.A.
- Proceeding
- district
- Area
- civil
- Panel
- Roger T. Benitez (author)
Analysis
The court considered a joint motion to dismiss filed by the plaintiff and defendant in a putative class action. The court granted the motion, dismissing the plaintiff's claims with prejudice and the putative class's claims without prejudice.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss granted“Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court grants the Joint Motion.” | agree with court The court correctly applied Rule 41(a)(2) to grant a joint motion to dismiss. The court also properly considered the factors from Diaz v. Trust Territory of Pacific Islands to determine that additional class notice was not required, which is the standard procedure for dismissing a class action without notice when the court finds it appropriate. |
Plaintiff's claims dismissed with prejudice“Plaintiff’s claims are dismissed with prejudice” | agree with court The dismissal with prejudice follows from the joint motion and the court's grant of the motion under Rule 41(a)(2). |
Putative class members' claims dismissed without prejudice“any claims of putative class members are dismissed without prejudice.” | agree with court The dismissal without prejudice for the putative class is consistent with the joint motion's request and the court's finding that additional class notice was not required. |
The order itself: sound — The order is procedurally correct. It cites the appropriate rule (Rule 41(a)(2)) for a joint motion to dismiss and the appropriate Ninth Circuit precedent (Diaz) for the class notice issue. The reasoning is concise but sufficient for a joint motion.
Opinion
4 inne 5 MAR 38 202% opr pea) 4 . . 5 . 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 10 || SUSAN ALVAREZ, individually and on behalf Case No.: 20-cv-2460-BEN-BGS _ || of others similarly situated, . Plaintiff, | ORDER GRANTING JOINT 12 . MOTION TO DISMISS 13 CAPITAL ONE BANK (USA), N.A., 14 Defendant. _ [ECF No. 11] 15 — 16 On March 4, 2021, Plaintiff Susan Alvarez and Defendant Capital One Bank 17 || USA), N.A., filed a Joint Motion for Dismissal. ECF No. 11. The Parties seek dismissal 18 || of Plaintiffs claims with prejudice, and dismissal of the putative class’s claims without 19 || prejudice. /d. at 1. Pursuant to Federal Rule of Civil Procedure 41(a){2), the Court 20 || grants the Joint Motion. The Court has also considered the factors set forth in Diaz v. 21 || Trust Territory of Pac. Islands, 876 F.2d 1401, 1408-11 (9th Cir. 1986), and concludes 22 || additional class notice is not required in this case. Plaintiff’s claims are dismissed with □ 23 || prejudice, and any claims of putative class members are dismissed without prejudice. 24 || Each party shall bear its own costs, expenses, and fees. 25 _ ITIS SO ORDERED. 26 ||Dated: March/Z3021 Kk ilttOe7 37 HON. ROGER T. BENITEZ United States District Judge 28 a 1 .