Judge Dismisses TCPA Suit vs. Bank of America Without Prejudice
U.S. District Judge Fernando Aenlle-Rocha for Central California in Los Angeles signed an order Wednesday (docket 2:23-cv-00024) vacating all deadlines in plaintiff Christopher Gonzalez’s Telephone Consumer Protection Act lawsuit against Bank of America and dismissing his claims without prejudice. Good…
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cause exists for doing so after Gonzalez filed notice of a settlement in principle last week with the court (see 2304100027), said the order. The court retains jurisdiction to vacate the order and to reopen the case within 60 days if any request by a party to do so makes “a showing of good cause as to why the settlement has not been completed within the 60-day period, what further settlement processes are necessary, and when the party making such a request reasonably expects the process to be concluded,” it said. The order doesn’t preclude the filing within the 60-day period of a stipulation of dismissal with prejudice, which doesn’t require court approval, it said.