Jaffe v. Capital One Bank et al
| Philip Jaffe |
| Capital One Bank, Capital One Services, Inc., Capital One, F.S.B., Washington Mutual Bank, Chase Bank, USA, N.A. and American Express |
| 1:2009cv04106 |
| April 27, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul G. Gardephe |
| Plaintiff |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
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Filing
32
OPINION AND ORDER: #98597 For the reasons set forth above, Defendants motions to dismiss are GRANTED as follows:(1) The FDIC Receiver is substituted for Defendant Washington Mutual and Plaintiffs Washington Mutual-related claims are dismissed without prejudice. (2) Plaintiffs claims against Defendant Chase are dismissed with prejudice. (3) Plaintiffs fraud, conversion, unjust enrichment and Fair Credit Billing Act claims against Defendants Capital One and American Express are dismissed. Plaintif f may seek leave to amend the Complaint within ten days (i.e., by March 11, 2010) as to these claims and these defendants.(4) Plaintiffs causes of action for damages and attorneys fees are dismissed, and the class allegations are struck from the Comp laint. The Clerk of the Court is directed to terminate the following motions - Docket Nos. 4,13,18,21 - and to terminate Washington Mutual and Chase as defendants. So Ordered (Signed by Judge Paul G. Gardephe on 3/1/2010) (js) Modified on 3/2/2010 (ajc).
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