Putkowski
Putkowski v. Irwin Home Equity Corp.
Opinion
Opinion
Hamilton, J.
ORDER GRANTING MOTION TO DISMISS
Defendants’ motion to dismiss the second amended complaint came on for hearing before this court on February 8, 2006. Plaintiffs appeared by their counsel Kathleen Clark Knight and Gail Killefer, and defendants appeared by their counsel Virginia W. Barnhart. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS the motions as follows and for the reasons stated at the hearing.
INTRODUCTION
This is a proposed class action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 , et seq. (“FCRA”). Plaintiffs Michael W. Putkowski (“Putkow-ski”) and Nikki Childress (“Childress”) filed this action on August 12, 2005, against defendants Irwin Home Equity Corporation and Irwin Union Bank and Trust Company (“Irwin”). Plaintiffs filed the second amended complaint (“SAC”) on December 23, 2005.
In the SAC, plaintiffs allege violations of two sections of the FCRA, and seek statutory and punitive damages, and declaratory and injunctive relief. Irwin now moves to dismiss the SAC pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure…