Smith v. Safeco Insurance
||April 12, 2013
||Illinois Northern District Court
||Virginia M. Kendall
|Nature of Suit:
|Cause of Action:
||15:1681 Fair Credit Reporting Act
|Jury Demanded By:
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|Date Filed||#||Document Text|
|October 11, 2013
Enter MEMORANDUM, OPINION AND ORDER: For the reasons stated herein, this Court dismisses Smiths corrected amended complaint without prejudice. Further, this Court denies Safecos motion to strike Smiths claim for attorneys fees as moot. Smith has tw enty-eight days from the date of this order to file a third-amended complaint that sets forth factual content that supports an inference that Safeco knowingly violated or recklessly disregarded its obligations under the FCRA. In view of Smiths pro se status, this Court advises Smith that he can file a third-amended complaint only if the factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further i nvestigation or discovery. Fed. R. Civ. P. 11(b). This Court further advises Smith that a third-amended complaint, if filed, must stand on its own. Additionally, Smith may consider seeking the assistance of the Pro Se Assistance Program. Smith can make an appointment by calling 312.435.5691 or 312.582.8727. Signed by the Honorable Virginia M. Kendall on 10/11/2013.Mailed notice(tsa, )
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