Smith v. Capital One Financial Corporation et al

Filing 132

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/12/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 3/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROSALIND SMITH,

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Plaintiff(s),
v.

No. C 11-3425 PJH
ORDER OF DISMISSAL

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CAPITAL ONE FINANCIAL
CORPORATION, et al.,

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Defendant(s).
___________________________________/

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This case was reported as settled by docket entry # 122 on November 28, 2012

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following a settlement conference before Magistrate Judge Westmore. When the

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dispositive motions deadline passed without dispositive motions or final dismissal papers

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being filed, this court scheduled a case management conference for March 14, 2013. The

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court has now reviewed the joint case management statement as well as the various

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requests of certain out of state defendants to appear telephonically. It appears from the

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papers that the settlement is final and that at least two of the four defendants have already

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tendered full performance, although the defendants have experienced some difficulty

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maintaining contact with the pro se plaintiff, Ms. Smith, in order to complete the settlement

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documents and file a stipulated dismissal. Plaintiff did not file a case management

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statement as required and has reported to Magistrate Judge Westmore’s clerk that she

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does not intend to attend the case management conference.

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Accordingly, the defendants having advised the court that they have agreed to a

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settlement of this cause and two defendants having already tendered full performance of

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the agreement, IT IS HEREBY ORDERED that this cause of action is dismissed without
prejudice; provided, however that if any party hereto shall certify to this court, within sixty

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days, with proof of service thereof on the opposing parties, that the agreed consideration

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for said settlement has not been delivered over, the foregoing order shall stand vacated

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and this cause shall forthwith be restored to the calendar to be set for trial.

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If no certification is filed, after passage of sixty days, the dismissal shall be with

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prejudice. The parties may substitute a dismissal with prejudice at any time during this

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sixty day period.

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This dismissal applies to remaining defendants, Equifax Information Services LLC,

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Experian Information Solutions, Inc. (incorrectly identified as Experian Consumer Credit

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Bureau and Experian Information Systems), Midland Credit Management, Inc., and Trans

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Union LLC (incorrectly identified as Transunion Consumer Credit Bureau and Transunion

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Corp.).

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The March 14, 2013 date for case management conference is VACATED. The Clerk
shall close the file.
IT IS SO ORDERED.
Dated: March 12, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge