Fitzpatrick

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TANYA FITZPATRICK, on behalf of No. 2:22-cv-00312-MCE-DB herself and all persons similarly situated, Plaintiff, MEMORANDUM AND ORDER v. CAPITAL ONE BANK (USA), N.A., Defendant. 17 Through the present action, Plaintiff Tanya Fitzpatrick (“Plaintiff”), on behalf of herself and all those similarly situated, seeks to recover from Defendant Capital One Bank (USA), N.A., (“Defendant” or “Capital One”) for purportedly failing to provide consumer credit card holders adequate relief during the COVID pandemic. Second Am. Compl., ECF No. 24 (“SAC”). Presently before the Court is Defendant’s Motion to Dismiss the SAC in its entirety. ECF No. 25. For the reasons that follow, that Motion is GRANTED with leave to amend.1 /// /// 27 1 Because oral argument would not have been of material assistance, the Court ordered this matter submitted on the briefs. E.D. Local Rule 230(g). BACKGROUND2 2 At all relevant times, Plaintiff…