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- gand;;1:15-cv-01802_de173 RegisterActionDate "2016-03-09" @default.
- gand;;1:15-cv-01802_de173 RegisterActionDescriptionText "ORDER with the exception of the portion of the Magistrate Judge's Non-Final Report and Recommendation [Doc. 124] that recommends denying the SunTrust Defendant's motion to dismiss based on Plaintiffs' failure to state a claim under 15 U.S.C. § 1681s-2(b), which this Court DECLINES TO ADOPT, the Court ADOPTS 124 Report and Recommendation. It is further ORDERED that the SunTrust Defendants' Motion to Dismiss Count Three [Doc. 34, as amended by Doc. 103] is GRANTED and Count III of Plaintiffs First Amended Class Action Complaint is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Count IV of the First Amended Class Action Complaint is DISMISSED as against the SunTrust Defendants. It is further ORDERED that Plaintiffs shall have fourteen (14) days from the date of this Order to amend their First Amended Class Action Complaint to state a claim for relief under 15 U.S.C. § 1681s-2(b). If Plaintiffs fail to amend their complaint as directed by this Order, Plaintiffs' claim for relief under 15 U.S.C. § 1681s-2(b) shall be dismissed with prejudice. It is further ORDERED that the TransUnion and Equifax Defendants' joint Motion to Dismiss [Doc. 104] is GRANTED IN PART and DENIED IN PART as follows: Plaintiffs shall be allowed to proceed in their Count One claims under 15 U.S.C. § 1681e(b), but the remaining claims under 15 U.S.C. § 1681g(a) and the CCRAA shall be DISMISSED. It is further ORDERED that Defendant One West Banlc's Motion to Dismiss [Doc. 105] and Motion to Sever [Doc. 106] are DENIED AS MOOT because of Plaintiffs' settlement with that Defendant. Signed by Judge Mark H. Cohen on 3/9/16. (jpa) (Entered: 03/09/2016)" @default.
- gand;;1:15-cv-01802_de173 AdministrativeID "139" @default.
- gand;;1:15-cv-01802_de173 hasReferenceToOtherEntry gand;;1:15-cv-01802_de151 @default.