Cutler v. Portfolio Recovery Associates, LLC

Filing 53

ORDER GRANTING JOINT MOTIONS TO DISMISS. Signed by Judge John A. Houston on 12/11/2023.(All non-registered users served via U.S. Mail Service)(bdc) (sjt).

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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IN RE PORTFOLIO RECOVERY
ASSOCIATES, LLC, TELEPHONE
CONSUMER PROTECTION ACT
LITIGATION

Case No.: 11md02295 JAH-BGS
Member cases:
Harvey Portfolio Recovery Assocs.,
LLC, 11cv3006 JAH-BGS;
Bartlet v. Portfolio Recovery Assocs.,
LLC, 11cv3007 JAH-BGS;
Crayder v. Portfolio Reocer Assocs.,
LLC, 16cv2938 JAH-BGS;
Cutler v. Portfolio Reocer Assocs., LLC,
16cv3076 JAH-BGS

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ORDER GRANTING JOINT
MOTIONS TO DISMISS
[ECF Nos. 997, 998, 999, 1000]

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This cause is before the Court on the Joint Motions to Dismiss with Prejudice the

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member cases Karen Harvey on behalf of herself and all others similarly situated v.

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Portfolio Recovery Associates, LLC, 3:11-CV-3006-JAH-BGS (“the Harvey action”) (ECF

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No. 998), Kimberly Bartlett on behalf of herself and all others similarly situated v.

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Portfolio Recovery Associates, LLC, 3:11-CV-3007-JAH-BGS (“the Bartlett action”)

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(ECF No. 997), Stacy Crayder v. Portfolio Recovery Associates, LLC, 3:16-CV-2938-JAH1
11md02295 JAH-BGS

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BGS (“the Crayder action”) (ECF No. 999), and case Antoine Cutler v. Portfolio Recovery

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Associates, LLC, 3:16-CV-3076-JAH-BGS (“the Cutler action”) (ECF No. 1000), with

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prejudice and with each party to bear its own costs and attorneys’ fees. On proof made to

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the satisfaction of the Court, and based on the parties’ stipulations, the Court finds that the

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Harvey action, the Bartlett action, the Crayder action and the Cutler action must be

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dismissed with prejudice and with each party to bear its own costs and attorneys’ fees.

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Based on the foregoing, IT IS HEREBY ORDERED:

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1.

All claims and counterclaims that were or might have been asserted in the

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Harvey action are dismissed, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(ii), with prejudice and with each party to bear its own costs and

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attorneys’ fees.

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2.

All claims and counterclaims that were or might have been asserted in the

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Bartlett action are dismissed, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(ii), with prejudice and with each party to bear its own costs and

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attorneys’ fees.

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3.

All claims and counterclaims that were or might have been asserted in the

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Crayder action are dismissed, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(ii), with prejudice and with each party to bear its own costs and

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attorneys’ fees.

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4.

All claims and counterclaims that were or might have been asserted in the

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Cutler action are dismissed, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(ii), with prejudice and with each party to bear its own costs and

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attorneys’ fees.

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5.

The Clerk of this Court shall transmit a copy of this Order to the Clerk of the

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United States Judicial Panel on Multidistrict Litigation. See J.P.M.L. Rule

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10.1 (“Where the transferee district court terminates an action by valid order,

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including but not limited to summary judgment, judgment of dismissal and

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2
11md02295 JAH-BGS

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judgment upon stipulation, the transferee district court clerk shall transmit a

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copy of that order to the Clerk of the Panel.”).

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6.

The Harvey action, the Bartlett action, the Crayder action and the Cutler

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action shall not be remanded to the transferor court, and this Court shall retain

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the original files and records, unless the transferee judge or the Panel directs

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otherwise. Id.

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DATED:

December 11, 2023

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_________________________________
JOHN A. HOUSTON
United States District Judge

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11md02295 JAH-BGS