Cadena v. Capital One Bank, National Association

Background

Plaintiff Kevin Cadena filed a notice stating that he and Defendant Equifax Information Services, LLC had reached an agreement in principle and were finalizing a confidential settlement agreement. Cadena stated that he would file a stipulation of dismissal after the settlement terms were completed. He asked that Equifax be excused from future appearances and deadlines until the matter was dismissed.

The notice was titled as applying to Equifax only. The case caption also listed Capital One Bank (USA), National Association, and TransUnion LLC as defendants, but this order addressed only Equifax.

Ruling

The court ordered that the case against Equifax Information Services, LLC was dismissed with prejudice. It directed the Clerk of Court to terminate Equifax as a defendant. The order allowed the parties to apply within 30 days to reopen the case as to Equifax, but any application had to show good cause. Requests filed after 30 days or without a showing of good cause could be denied on that basis alone.

The court also stated that, if the parties wanted the court to retain jurisdiction—meaning authority—to enforce the settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period. The order did not state a disposition for the claims against Capital One Bank or TransUnion LLC.