Whitney Whitfield v. RADIAN GUARANTY, INC. On Appeal from the United States District Court for the…

Hon. Richard D. Cudahy, United States Senior Circuit Judge for the United States*
Court of Appeals for the Seventh Circuit, sitting by designation.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 05-5017
WHITNEY WHITFIELD;
CELESTE WHITFIELD,
on behalf of themselves and all others similarly situated,
Appellants
v.
RADIAN GUARANTY, INC.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 04-cv-00111)
District Judge: Honorable Juan R. Sanchez
Argued January 19, 2007
On Remand from the United States Supreme Court
June 9, 2008
Before: SLOVITER, RENDELL, and CUDAHY, Circuit Judges*
O R D E R
This court filed its opinion in this matter on August 30, 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

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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
case 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.
By the Court,
/s/ Dolores K. Sloviter
Circuit Judge
Dated: August 21, 2008

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