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Young v. Harbor Mortor Works, Inc. (N.D.Ind. 1-27-2009)

United States District Court, N.D. Indiana, Hammond Division
Jan 27, 2009
Civil Action No. 2:07-CV-31 JVB (N.D. Ind. Jan. 27, 2009)

Summary

dismissing FCRA claim in which plaintiff alleged that he suffered a decrease in his credit score but no pecuniary or non-pecuniary damage arising from such a decrease

Summary of this case from King v. Bank of Am., N.A.

Opinion

Civil Action No. 2:07-CV-31 JVB.

January 27, 2009


MEMORANDUM ORDER


On December 18, 2008, Magistrate Judge Paul R. Cherry filed and served on the parties his Report and Recommendation (DE 74) on Defendant Harris N.A's Motion to Dismiss Plaintiff's amended complaint (DE 64). Judge Cherry recommended that this Court grant Defendant's Motion. In the Report and Recommendation he advised the parties that they had ten days from the date of service within which to file objections and noted that the failure to file a timely objection would result in waiver of the right to challenge the Recommendation before both the District Court and the Court of Appeals. Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999); Hunger v. Leninger, 15 F.3d 664, 668 (7th Cir. 1994; The Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260-261 (7th Cir. 1989).

To date, Plaintiff has filed no objections to the Report and Recommendation. Accordingly, this Court adopts Judge Cherry's recommendations and GRANTS Defendant Harris N.A.'s Motion to Dismiss (DE 64). Harris N.A. is dismissed as a party to this action.

SO ORDERED.


Summaries of

Young v. Harbor Mortor Works, Inc. (N.D.Ind. 1-27-2009)

United States District Court, N.D. Indiana, Hammond Division
Jan 27, 2009
Civil Action No. 2:07-CV-31 JVB (N.D. Ind. Jan. 27, 2009)

dismissing FCRA claim in which plaintiff alleged that he suffered a decrease in his credit score but no pecuniary or non-pecuniary damage arising from such a decrease

Summary of this case from King v. Bank of Am., N.A.

dismissing FCRA claim in which plaintiff alleged that he suffered a decrease in credit score as a result of unauthorized request for credit report for failure to sufficiently allege damages

Summary of this case from Nowlin v. Avis Budget Grp.

In Young, the district court rejected the defendant's subparagraph (3)(A) argument on a motion to dismiss, based on the critical fact that the plaintiff completed his credit application in such a manner that he "specifically limited who could check his credit to one entity," and that this limitation placed the defendant "on notice that it did not have permission to request Young's credit report."

Summary of this case from Shepherd-Salgado v. Tyndall Fed. Credit Union
Case details for

Young v. Harbor Mortor Works, Inc. (N.D.Ind. 1-27-2009)

Case Details

Full title:MICHAEL J. YOUNG, Plaintiff, v. HARBOR MORTOR WORKS, INC., et al.…

Court:United States District Court, N.D. Indiana, Hammond Division

Date published: Jan 27, 2009

Citations

Civil Action No. 2:07-CV-31 JVB (N.D. Ind. Jan. 27, 2009)

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