Gadomski

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10

KELLIE GADOMSKI, individually and on behalf of all others similarly situated, No. 2:17-cv-00695-TLN-AC

Plaintiff,

ORDER

v.

PATELCO CREDIT UNION,

16 Defendant.

18 This matter is before the Court on Defendant Patelco Credit Union’s (“Defendant”) 19 Motion to Dismiss and Motion to Strike. (ECF No. 28.) Plaintiff Kellie Gadomski (“Plaintiff”) 20 filed an opposition. (ECF No. 29.) Defendant filed a reply. (ECF No. 30.) For the reasons 21 discussed below, the Court hereby GRANTS Defendant’s Motion to Dismiss with leave to amend 22 and DENIES Defendant’s Motion to Strike Plaintiff’s class allegations. 23 /// 24 /// 25 /// 26 /// 27 /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND1 According to the First Amended Complaint (“FAC”), Plaintiff resides in Tracy, California and is a “consumer” as that term is defined by 15 U.S.C. § 1681a(c). (ECF No. 27 at 3.) Defendant, a corporation, is a furnisher of information as contemplated by the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681s-2(a) and (b), that regularly furnishes information to 6 …