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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,

, 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

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