Oliver v. Ameris Bank et al

Filing 45

ORDER DISMISSING Defendant GeoVista Credit Union with prejudice re 29 Stipulation of Voluntary Dismissal. The Court DIRECTS the Clerk of Court to update the docket accordingly and to TERMINATE AS MOOT 20 Request for Entry of Default Against Defen dant GeoVista Credit Union. The Court ORDERS Trans Union to file a written status report, on or before January 15, 2021, indicating the status of the settlement agreement. The Court ORDERS Experian to file a written status report, on or before Februa ry 5, 2021, indicating the status of the settlement agreement. The Court GRANTS Ameris' request 38 and AUTHORIZES and DIRECTS the Clerk of Court to TERMINATE both motions, 10 and 30 . Signed by District Judge R. Stan Baker on 01/07/2021. (JH)

Case 4:20-cv-00273-RSB-CLR Document 45 Filed 01/07/21 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

ANTHONY OLIVER,
Plaintiff,

CIVIL ACTION NO.: 4:20-cv-273

v.
AMERIS BANK; CHEX SYSTEMS, INC.;
GEOVISTA CREDIT UNION; TRANS
UNION, LLC; EXPERIAN INFORMATION
SOLUTIONS, INC.; and EQUIFAX
INFORMATION SOLUTIONS, LLC,
Defendants.
ORDER
Presently before the Court are several filings in this case: a “Stipulation of Voluntary
Dismissal With Prejudice” of Defendant GeoVista Credit Union (hereinafter, “GeoVista”), (doc.
29); a “Joint Notice of Settlement” as to Defendant Trans Union, LLC (hereinafter, “Trans
Union”), (doc. 34); a “Joint Notice of Settlement” as to Defendant Experian Information Solutions,
Inc. (hereinafter, “Experian”), (doc. 44); and Defendant Ameris Bank’s “Notice of Withdrawal of
Certain Motions,” (doc. 38). The Court will address each in turn.
In the Stipulation of Voluntary Dismissal With Prejudice, which was filed on December 4,
2020, and is signed by counsel for all parties to the case, the parties stipulate to the dismissal, with
prejudice, of all claims asserted by Plaintiff against Defendant GeoVista, with each party to pay
its own fees, expenses and costs. (Doc. 29.) Accordingly, pursuant to Federal Rule of Civil
Procedure 41(a)(1)(A)(ii), the Court DISMISSES Defendant GeoVista Credit Union with
prejudice, with each party to bear its respective fees, expenses and costs. See Plains Growers, Inc.
v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 255 (5th Cir. 1973) (“[R]eading the rules

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governing dismissal by notice and dismissal by motion together, we conclude that it was intended
by the rule-makers to permit dismissal against such of the defendants as have not served an answer
or motion for summary judgment . . . .”). 1 The Court DIRECTS the Clerk of Court to update the
docket accordingly and to TERMINATE AS MOOT the pending Request for Entry of Default
Against Defendant GeoVista Credit Union, (doc. 20), which was filed by Plaintiff on December
1, 2020.
While the Joint Notice of Settlement so to Trans Union was signed and filed only by
counsel for Defendant Trans Union, it states that both Plaintiff and Trans Union “hereby
respectfully notify the Court that Plaintiff and Trans Union have settled all claims between them
in this matter.” (Doc. 34.) The filing states that each party will bear its own costs and fees, and
that Trans Union “agrees to provide Plaintiff with a settlement agreement within 30 days of the
filing of this notice.” (Id.) The parties also request that the Court “retain jurisdiction for any
matters related to completing and/or enforcing the settlement.” (Id.) The self-imposed deadline
for Trans Union to provide Plaintiff with a settlement agreement expires in just over a week. Even
if Trans Union has provided a proposed agreement to Plaintiff, it is not clear whether or when the
agreement will be executed by both parties, at which point an additional filing will be required
before the Court can dismiss Trans Union from the case and retain jurisdiction to enforce the
settlement agreement. For now, Trans Union remains a party to this case and all claims against it
remain pending. The Court ORDERS Trans Union to file a written status report, on or before
January 15, 2021, indicating the status of the settlement agreement (unless, prior to that date, an
appropriate filing is made concerning the dismissal of Trans Union from the case).

1

In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit
adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1,
1981.
2

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Similarly, while the Joint Notice of Settlement as to Experian was signed and filed only by
counsel for Defendant Experian, it states that both Plaintiff and Experian “hereby respectfully
notify the Court that Plaintiff and Experian have settled all claims between them in this matter.”
(Doc. 44.) The filing states that each party will bear its own costs and fees, and that Experian
“agrees to provide Plaintiff with a settlement agreement within 30 days of the filing of this notice.”
(Id.) The parties also request that the Court “retain jurisdiction for any matters related to
completing and/or enforcing the settlement.” (Id.) The self-imposed deadline for Experian to
provide Plaintiff with a settlement agreement does not expire until February 4, 2020. Even if
Experian has already provided a proposed agreement to Plaintiff, it is not clear whether or when
the agreement will be executed by both parties, at which point an additional filing will be required
before the Court can dismiss Experian from the case and retain jurisdiction to enforce the
settlement agreement. For now, Experian remains a party to this case and all claims against it
remain pending. The Court ORDERS Experian to file a written status report, on or before
February 5, 2021, indicating the status of the settlement agreement (unless, prior to that date, an
appropriate filing is made concerning the dismissal of Experian from the case).
Finally, in its “Notice of Withdrawal of Certain Motions,” (doc. 38), Defendant Ameris
Bank (hereinafter, “Ameris”) indicates its intention to withdraw its Motion to Dismiss, (doc. 10),
as well as its Renewed Motion to Dismiss, (doc. 30). The Court GRANTS Ameris’ request and
AUTHORIZES and DIRECTS the Clerk of Court to TERMINATE both motions, (doc. 10, 30).
SO ORDERED, this 7th day of January, 2021.

R. STAN BAKER

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Case 4:20-cv-00273-RSB-CLR Document 45 Filed 01/07/21 Page 4 of 4

UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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