Sarah Snyder, et al. v. Equifax Information Services, LLC

Summary

The United States District Court for the Eastern District of Virginia considers Plaintiffs’ consent motion to dismiss their individual claims with prejudice in a putative class action against Equifax. Applying Shelton v. Pargo, Inc., the Court conducts an inquiry into whether the proposed pre-certification settlement is tainted by collusion or prejudicial to absent putative class members. The Court finds no collusion or prejudice and grants the motion to dismiss.

Holdings

1. Shelton's requirement that a district court conduct a proper inquiry before approving pre-class-certification dismissal of claims asserted on behalf of a putative class remains applicable notwithstanding the 2003 amendment to Rule 23(e).
2. The proposed settlement was neither tainted by collusion nor prejudicial to other putative class members.
3. The Court granted Plaintiffs' consent motion to voluntarily dismiss all of their individual claims against Defendant with prejudice.

Questions Presented

1. Whether Shelton v. Pargo, Inc. continued to require judicial scrutiny of a proposed pre-class-certification dismissal of claims asserted on behalf of a putative class after the 2003 amendment to Federal Rule of Civil Procedure 23(e).
2. Whether the proposed individual-claim settlement was tainted by collusion or prejudicial to absent putative class members.
3. Whether the Court should grant Plaintiffs' consent motion to voluntarily dismiss their individual claims with prejudice under Federal Rule of Civil Procedure 41(a)(2).

Disposition

dismissed