Natasha Ward v. Comenity Bank, et al.

Summary

The United States District Court for the Northern District of Ohio addresses Plaintiff Natasha Ward's motions and notice dismissing defendants in a Fair Credit Reporting Act action. The court dismisses several defendants with prejudice, dismisses Affirm, Inc. without prejudice, dismisses Equifax Information Services, LLC with prejudice under Rule 41(a)(1)(A)(i), and closes the case.

Holdings

1. The district court may drop a party under Rule 21 on just terms, and in the absence of objection it exercised its discretion to dismiss Lending Club Bank, Kay Jeweler's, Comenity Bank, Experian Information Solutions, Inc., and Capital One Bank NA with prejudice.
2. The court granted Plaintiff's motion to dismiss Affirm, Inc. without prejudice.
3. Plaintiff's notice of dismissal with prejudice as to Equifax Information Services, LLC was self-executing because Equifax had never appeared in the litigation.

Questions Presented

1. Whether the court should dismiss specified defendants under Federal Rule of Civil Procedure 21 with or without prejudice.
2. Whether Plaintiff's notice of dismissal as to a defendant that had not appeared was self-executing under Federal Rule of Civil Procedure 41(a)(1)(A)(i).

Disposition

dismissed