Simpkins v. Wells Fargo Bank, N.A. et al

Filing 274

ORDER: The Court acknowledges 273 STIPULATION of Dismissal hereby dismissing with prejudice all individual claims and allegations brought by plaintiffs Debra Simpkins and Mark Biddison against defendants. The claims of any putative class members are dismissed without prejudice. The claims and allegations of Plaintiff James Cockes remain. Signed by Judge David R. Herndon on 5/11/15. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEBRA SIMPKINS, MARK BIDDISON,
And JAMES COCKES, individually and
on behalf of all others similarly situated
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
WELLS FARGO INSURANCE CO.,
ASSURANT, INC., STANDARD GUARANTY
INSURANCE CO., and AMERICAN
SECURITY INSURANCE COMPANY,

No. 12-cv-768-DRH-PMF

Defendants.
ORDER
This cause comes before the Court pursuant to a Stipulation for
Dismissal (Doc. 273) filed by the parties under FEDERAL RULE OF CIVIL PROCEDURE
41(a)(1)(A)(ii).

Although plaintiffs’ complaint alleged claims on behalf of both

nationwide and state-specific classes of plaintiffs, the Court failed to certify any
class in this case. 1 Accordingly, it is hereby ORDERED that all individual claims
and allegations brought by Debra Simpkins and Mark Biddison against
defendants Wells Fargo Bank, N.A., Wells Fargo Insurance, Inc., Assurant, Inc.,
Standard Guaranty Insurance Company, American Security Insurance, or any

1

Having not certified a class of plaintiffs in this action under FED. R. CIV. P. 23(b)(3), the
parties need not seek the Court’s approval of their settlement, voluntary dismissal, or
compromise. See FED. R. CIV. P. 23(e).
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combination thereof, are hereby DISMISSED WITH PREJUDICE and WITHOUT
COSTS. The claims of any putative class members are hereby DISMISSED
WITHOUT PREJUDICE. The claims and allegations of Plaintiff James Cockes
remain. Therefore, the Clerk of the Court is DIRECTED to enter judgment at the
close of this case.
IT IS SO ORDERED.
Signed this 11th day of May, 2015.

Digitally signed
by David R.
Herndon
Date: 2015.05.11
14:29:17 -05'00'
United States District Judge

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