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Sean Munekiyo, On Behalf of Himself and All Others Similarly Situated v. Capital One Bank (U.S.A.)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 12, 2012

SEAN MUNEKIYO, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
CAPITAL ONE BANK (U.S.A.), N.A. CAPITAL ONE SERVICES, LLC, AND NCO FINANCIAL SYSTEMS, INC., DEFENDANTS.

The opinion of the court was delivered by: Hon. Christina A. Snyder

ORDER DISMISSING WITH PREJUDICE ALL CLAIMS AGAINST CAPITAL ONE BANK (U.S.A.), N.A., CAPITAL ONE SERVICES, LLC, AND NCO FINANCIAL SYSTEMS, INC. [PROPOSED] ORDER DISMISSING WITH PREJUDICE ALL CLAIMS AGAINST CAPITAL ONE BANK (U.S.A.), N.A., CAPITAL ONE SERVICES, LLC, AND NCO FINANCIAL SYSTEMS, INC.

WHEREAS, the parties in the above-captioned matter have filed an Agreed Stipulation Dismissing With Prejudice All Claims Against Defendants Capital One Bank (U.S.A.), N.A., Capital One Services, LLC, and NCO Financial Systems, Inc.; and

WHEREAS, the Agreed Stipulation pertains only to Plaintiff's individual claims, and not any potential claims of putative class members; and

WHEREAS, because there has been no motion for class certification and no class has been certified, the settlement procedures under Fed. R. Civ. P. 23(e) are not implicated, see Fed. R. Civ. P. 23 Advisory Committee's note on 2003 amendments (noting that Fed. R. Civ. P. 23(e) requirements do not apply to individual settlements)

IT IS HEREBY ORDERED that the above-captioned action is dismissed with prejudice and without costs to any party.

SO ORDERED

20120612

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