Bell v. Department Stores National Bank et al

Filing 17

ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 4/19/2017. (knm, COURT STAFF) (Filed on 4/19/2017)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) Case No.: 3:17-cv-00102-VC ) ) ) CLASS ACTION ) ) Plaintiff, ) [Proposed] ORDER ) ) [Fed. R. Civ. Proc., Rule vs. ) ) 41(a)(1)(A)(i)] DEPARTMENT STORES ) NATIONAL BANK, a South Dakota ) Assigned to Hon. Vince Chhabria ) Entity; FDS BANK, an Ohio ) ) Complaint filed January 9, 2017 Corporation; MACY’s ) INCORPORATED, an Ohio ) Corporation; and DOES 1 through ) ) 50, inclusive, and each of them, ) ) Defendants. ) ) [PROPOSED] ORDER NIKKI BELL, an individual, on behalf of herself and all others similarly situated, -1- 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 The Court, having reviewed Plaintiff NIKKI BELL’s (“Plaintiff” or 3 “Bell”) Request for Dismissal with Prejudice of Her Individual Claims Only, 4 along with the corresponding Declaration of John P. Kristensen submitted in 5 support thereof, hereby GRANTS Plaintiff’s Request for Dismissal. 6 IT IS ORDERED as follows: 7 Plaintiff Bell’s individual claims are hereby dismissed with prejudice, 8 while the claims of the putative Class members are dismissed without prejudice. 9 Because the dismissal of Plaintiff’s individual claims will not affect the interests 10 of the Putative Class members, it is FURTHER ORDERED that notice of this 11 dismissal need not be provided to the Putative Class members. 12 IT IS SO ORDERED. 13 14 15 16 19 Dated: April _____, 2017 Hon. Vince Chhabria Judge of the United States District Court 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER -2-

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