In Re Washington Mut. Overdraft Protection Litig.
In Re Washington Mutual Overdraft Protection Litigation
Opinion
Opinion
Collins, J.
ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND TO DISMISS
Pending before the Court is Defendant’s Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment, and to Dismiss (“Motion”), filed on December 6, 2007. Plaintiffs filed an Opposition on January 4, 2008, and Defendant filed a Reply on January 22, 2008. Defendant filed two Notices of Recent Decision, on January 25 and February 11, 2008, to which Plaintiffs filed a Response and objection on February 19, 2008. Defendant filed a Notice of Errata on March 13, 2008. The Court finds this Motion appropriate for decision without oral argument and VACATES the hearing set for April 14, 2008. See Fed.R.Civ.P. 78; Local Rule 7- 15. Having considered the materials submitted by the parties and the case file, the Court hereby GRANTS Defendant’s Motion.
I. PROCEDURAL HISTORY
On October 20, 2003, Plaintiffs filed a Consolidated Class Action Complaint (“Complaint”) against Defendant Washington Mutual Bank, FA (“Washington Mutual”), alleging violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 , et seq., and its implementing regulations 12 C.F.R. Pt. 226 (“Regulation Z”) (“TILA claims”); the Home…