Whitfield v. Radian Guaranty, Inc.

539 F.3d 165, 2008 U.S. App. LEXIS 17817, 2008 WL 3863654

• Court: Court of Appeals for the Third Circuit
• Decided: August 21, 2008
• Docket: 05-5017
• Status: Published

Opinion

ORDER

DOLORES K. SLOVITER, Circuit Judge.

This court filed its opinion in this matter on August 80, 2007 in which we reversed the District Court’s entry of summary judgment for defendant Radian Guaranty, Inc., held that the notice requirement of the Fair Credit Reporting Act was applicable to Radian, and directed a remand for a determination whether Radian had acted willfully. Whitfield v. Radian Guaranty, Inc., 501 F.3d 262 (3d Cir.2007). On December 19, 2007, Radian filed a petition for a writ of certiorari in the Supreme Court. On February 5, 2008, the Supreme Court requested a response. On April 24, 2008, counsel for Whitney and Celeste Whitfield filed a motion in the United States District Court for the Eastern District of Pennsylvania to dismiss the action with prejudice pursuant to Fed.R.Civ.P. 41(a)(2). The same day, the District Court, pursuant to that motion, dismissed the action with prejudice.

On May 5, 2008, Radian Guaranty, Inc., noting the dismissal, filed in the Supreme Court a suggestion of mootness and motion to vacate this court’s judgment. On June 9, 2008, the Supreme Court entered an order granting the petition for a writ of certiorari filed by Radian Guaranty, Inc., vacating the judgment of this court and remanding the ease to this court with instructions to dismiss the case as moot.

Pursuant to the order of the Supreme Court, this case is hereby dismissed as moot.