Narog

Narog v. Certegy Check Services, Inc.

Good Law

759 F. Supp. 2d 1189·2011 WL 70595·2011 U.S. Dist. LEXIS 2407

United States District Court, Northern District of CaliforniaJanuary 10, 2011C 10-03116 SICalifornia2,364 words

Opinion

Illston, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS WITHOUT LEAVE TO AMEND

Defendant Certegy Check Services, Inc.’s motion to dismiss is currently scheduled for hearing on January 14, 2011. Pursuant to Civil Local Rule T — 1(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing. Having considered the papers submitted, and for good cause shown, the Court hereby GRANTS defendant’s motion without leave to amend.

BACKGROUND

Plaintiff Cary Narog, proceeding pro se, filed suit in the small claims division of the Alameda County Superior Court on September 23, 2009 against Certegy Check Services, Inc. Plaintiff alleged that defendant violated the “Fair Credit Protection Act.” According to defendant, it was not served with a copy of the complaint until June 18, 2010. Thereafter, on July 16, 2010, defendant removed the action to this Court. Defendant filed a motion to dismiss for failure to state a claim on July 21, 2010. Plaintiff failed to oppose the motion.

On August 30, 2010, the Court granted defendant’s unopposed motion to dismiss. The complaint consisted solely of a small claims form provided by the state court on which plaintiff…

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