Arikat
Arikat v. JP Morgan Chase & Co.
Opinion
Opinion
Whyte, J.
ORDER GRANTING DISCOVER FINANCIAL SERVICES, INC.’S, FAIR ISAAC CORPORATION’S, AND MACY’S DEPARTMENT STORES, INC.’S AND LOWE’S HIW, INC.’S MOTIONS TO DISMISS
[Re Docket Nos. 55, 59, 63]
Defendant Discover Financial Services, Inc. (“Discover”), defendant Fair Isaac Corporation (“Fair Isaac”) and defendants Macy’s Department Stores, Inc. (“Macy’s”) and Lowe’s HIW, Inc. (“Lowe’s”) separately filed motions to dismiss for failure to state a claim. Defendants Discover and Fair Isaac also move in the alternative for a more definite statement. Plaintiffs Michael and Pasima Arikat (collectively “plaintiffs”) oppose Discover’s motion. On April 17, 2006 plaintiffs filed oppositions ten days late opposing Fair Isaac’s and Macy’s and Lowe’s motions. On April 28, 2006 the court heard oral argument on these motions. The court has reviewed the parties’ papers and considered their arguments. For the reasons set forth below, the court GRANTS Discover’s, Fair Isaac’s, and Macy’s and Lowe’s motions to dismiss.
I. BACKGROUND
A. The parties
Plaintiffs state that they are credit worthy individuals with a six figure income. Compl. ¶ 8. Plaintiffs have been issued low credit ratings and have received…