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McATEE v. CAPITAL ONE, F.S.B.

No. 07-55065.

479 F.3d 1143 (2007)

Melodie McATEE, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. CAPITAL ONE, F.S.B., a Foreign Corporation; Capital One Services, a Foreign Corporation; Capital One Financial Corporation, a Foreign Corporation; Capital One Bank, a Foreign Corporation, Defendants-Appellants, and John Does, 1 Through 20, Inclusive Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2007.

Attorney(s) appearing for the Case

James R. McGuire, Dean J. Zipser, Morrison & Foerster, Irvine, CA, for the appellants.

Anthony A. Ferrigno, San Clemente, CA; David J. Franklin, Franklin & Franklin, San Diego, CA, for the appellee.

Before HUG, BRUNETTI, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Melodie McAtee, a California citizen, was the substituted plaintiff in an amended complaint filed in California state court before the effective date of the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4 (2005) (codified in scattered sections of 28 U.S.C.), naming as defendants Capital One, F.S.B., Capital One Services, and John Doe defendants 1 to 20. After the effective date of CAFA, McAtee amended her...

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