Eiess v. USAA Federal Savings Bank
- Edward Chen
- 3:19-cv-00108
- U.S. District Court · Northern District of California
- 2
In Eiess v. USAA Federal Savings Bank, Judge Chen requested information before deciding whether to approve dismissal of the proposed class action.
The parties, proposed class members who were not parties to the case, and other members of the public who may have received information about the case.
What happened
Elizabeth Eiess and USAA Federal Savings Bank had submitted a notice seeking voluntary dismissal of the proposed class action. Before acting on that notice, the court sought more information about publicity surrounding the case.
The court explained that federal rules require court approval and notice to class members before a class action is dismissed or settled. This protection applies even before a class has been formally certified, because absent class members may have interests that need safeguarding.
Judge Chen ordered the parties to provide information about the scope of the publicity and what information about the case had been shared with the public and proposed class members. The opinion does not state that the court approved the dismissal.
The detailed version
- Eiess v. USAA Federal Savings Bank · No. 3:19-cv-00108
- Edward Chen
- Nov. 21, 2019
Background
The parties submitted a Notice of Voluntary Dismissal in this proposed class action. Before approving that notice, the court requested information about the publicity associated with the case.
Legal standard
Federal Rule of Civil Procedure 23(e) requires court approval before a class action is dismissed or settled, and requires notice to class members in a manner directed by the court. The court explained that this requirement protects people who are not parties to the case but may be affected by its dismissal. The requirement applies even when the proposed class has not yet been certified.
Order
The court requested a description of the scope of publicity and the nature of information shared with the public and proposed class members about the case. The order did not approve or reject the Notice of Voluntary Dismissal. It stated, “IT IS SO ORDERED,” and was signed by Edward M. Chen, United States District Judge, on November 21, 2019.
Effect
The opinion concerns the court’s review of a proposed dismissal in a proposed class action. It does not state the terms of any dismissal, whether notice was ultimately required, or whether the court later approved the parties’ notice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.