Marquez v. Truist Bank ( 2022 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TONYA MARQUEZ, et al., Case No. 1:22-cv-00441-JLT-EPG 10 Plaintiffs, ORDER DISCHARGING ORDER TO SHOW CAUSE, DIRECTING DEFENDANT TRUIST 11 v. BANK TO SUBMIT FILING REGARDING STIPULATION OF DISMISAL 12 TRUIST BANK, et al., (ECF Nos. 20, 21) 13 Defendants. 14 15 Plaintiffs Tonya Marquez and Steve Marquez filed this action on April 15, 2022, alleging 16 violations of the Fair Credit Reporting Act. (ECF No. 1). Defendant Equifax Information 17 Services, LLC, filed its answer on June 6, 2022. (ECF No. 14). 18 On July 11, 2022, Plaintiffs filed a notice of settlement as to Defendant Equifax only. 19 (ECF No. 16). After Plaintiffs and Defendant Equifax failed to respond to two orders to file an 20 appropriate dismissal document, this Court issued an order on August 23, 2022, directing them to 21 show cause why sanctions should not issue, or to file a stipulation of dismissal under Federal Rule 22 of Civil Procedure 41(a)(1)(A)(ii), by no later than September 6, 2022. (ECF No. 20). 23 On August 24, 2022, Plaintiffs filed a stipulation of dismissal as to Defendant Equifax. 24 (ECF No. 21). Given this filing, the Court will discharge the order to show cause. However, 25 because Rule 41(a)(1)(A)(ii) requires a stipulation of dismissal to be “signed by all parties who 26 have appeared,” and only Plaintiffs and Defendant Equifax have signed the stipulation, the Court 27 will require Defendant Truist Bank (who has appeared) to submit a filing approving or opposing 28 the stipulation of dismissal. See Thacker v. AT&T Corp., No. 2:20-CV-00255-KJM-CKD PS, 1 2021 WL 1784873, at *1 (E.D. Cal. May 5, 2021), report and recommendation adopted, 2021 2 | WL 4168533 (E.D. Cal. Sept. 14, 2021) (noting that court was “unaware of any case waiving the 3 || requirement that the stipulation . . .must be made by all parties who have appeared” and that 4 | “[t]he requirement to obtain all parties’ consent to voluntarily dismiss (without a court order) is 5 | intended to ensure that a voluntary dismissal of a party at later stages of the litigation does not 6 | cause plain legal prejudice to the party to be dismissed or to the remaining defendant(s)”). 7 Accordingly, IT IS ORDERED as follows: 8 1. The Court’s August 23, 2022 order to show cause (ECF No. 20) is discharged. 9 2. By no later than September 8, 2022, Defendant Truist Bank shall file a signed document reflecting its approval of the stipulation of dismissal (ECF No. 21) or file a response 8 opposing the stipulation of dismissal. Alternatively, the parties may file a stipulation of dismissal signed by all parties who have appeared in this action in compliance with Rule (AGI. 13 14 | ITIS SO ORDERED. | Dated: _ August 25, 2022 [see hey 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28