Baker
(PS) Smith Jr. v. Baker
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 COURTNEY SMITH JR., No. 2:24-cv-01029 DJC AC (PS) Plaintiff, v. ORDER and FINDINGS AND
RECOMMENDATIONS
NATHAN P. BAKER and CAPITAL ONE
AUTO FINANCE,
14 Defendants.
16 Plaintiff is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Both defendants have specially appeared and move to dismiss this case, alleging improper service. ECF No. 4 and 6. Defendant Nathan P. Baker also asserts the case should be dismissed as to him because this court lacks personal jurisdiction. Defendant Capital One Auto Finance moves to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff opposed the motions at ECF No. 12. Defendants replied. ECF Nos. 13 and 14. Plaintiff submitted an unauthorized surreply. ECF No. 15. Defendants each moved to strike this surreply. ECF No. 16 and 17. As a preliminary matter, in the interest of…