Primavera

Primavera v. The Bank of Missouri

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20231:23-cv-00233California329 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 CYNTHIA PRIMAVERA, Case No. 1:23-cv-00233-ADA-EPG Plaintiff, ORDER RE: STIPULATION FOR

DISMISSAL WITH PREJUDICE OF

v. DEFENDANT EQUIFAX INFORMATION

SERVICES, LLC ONLY

THE BANK OF MISSOURI, et al., (ECF No. 39) Defendants. 15 16 17 On November 8, 2023, Plaintiff Cynthia Primavera and Defendant Equifax Information 18 Services, LLC (Equifax) filed a stipulation of dismissal with prejudice of the claims against 19 Equifax under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party to bear its own 20 costs and attorney fees. (ECF No. 32). However, because Rule 41(a)(1)(A)(ii) requires a 21 stipulation of dismissal to be “signed by all parties who have appeared,” and only Plaintiff and 22 Equifax had signed the stipulation, the Court issued an order requiring the remaining Defendant in the case who has appeared—The Bank of Missouri—to submit a filing approving or opposing the stipulation of dismissal. (ECF No. 34). Now before the Court is…

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