Michael Edward Kelly v. Capital One Auto Finance
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT J S -
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—
GENERAL
Case No. 5:23-cv-00618-SSS-SHKx Date June 27, 2023 Title Michael Edward Kelly v. Capital One Auto Finance
Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE
Irene Vazquez Not Reported Deputy Clerk Court Reporter
Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present
Proceedings: ORDER DISMISSING PLAINTIFFS’ CLAIM FOR
FAILURE TO AMEND THE COMPLAINT
On June 1, 2023, the Court granted Defendant Capital One Auto Finances’ Motion to Dismiss Plaintiff Michael Edward Kelly’s Complaint. [Dkt. 15]. In the Court’s Order, the Court found that Kelly’s sole claim pursuant to the Federal Credit Reporting Act was due to be dismissed pursuant to Rule 12(b)(6). [Dkt. 15 at 2–3]. The Court further granted Kelly leave to amend his Complaint in order to cure his Complaint’s deficiencies and better assert his Fair Credit Reporting Act claim. [Dkt. 15 at 3]. Kelly’s amended complaint was due on or before June 9, 2023. [Dkt. 15 at 3]. …