Michael Edward Kelly v. Capital One Auto Finance

Good Law
United States District Court, Central District of CaliforniaJune 27, 20235:23-cv-00618California261 words

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]. …

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