Alvarez v. Capital One Bank (USA), N.A.

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

SUSAN ALVAREZ, individually and on behalf Case No.: 20-cv-2460-BEN-BGS _ || of others similarly situated, . Plaintiff, | ORDER GRANTING JOINT . MOTION TO DISMISS CAPITAL ONE BANK (USA), N.A.,

Defendant. _ [ECF No. 11] —

On March 4, 2021, Plaintiff Susan Alvarez and Defendant Capital One Bank USA), N.A., filed a Joint Motion for Dismissal. ECF No. 11. The Parties seek dismissal of Plaintiffs claims with prejudice, and dismissal of the putative class’s claims without prejudice. /d. at 1. Pursuant to Federal Rule of Civil Procedure 41(a){2), the Court grants the Joint Motion. The Court has also considered the factors set forth in Diaz v. Trust Territory of Pac. Islands, 876 F.2d 1401, 1408-11 (9th Cir. 1986), and concludes additional class notice is not required in this case. Plaintiff’s claims are dismissed with □ prejudice, and any claims of putative class members are dismissed without prejudice. Each party shall bear its own costs, expenses, and fees. _ ITIS SO ORDERED.

Dated: March/Z3021 Kk ilttOe7

37 HON. ROGER T. BENITEZ United States District Judge a 1 .