Kunza v. Sagestream, Llc et alMOTION to Dismiss/GeneralD. Minn.June 20, 2017UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michelle A. Kunza, Plaintiff, v. SageStream, LLC, Clarity Services, Inc., Defendants. Case No. 0:17-cv-01165 DEFENDANT CLARITY SERVICES, INC.,’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO F.R.C.P. 12(b)(1) AND 12(b)(6) Defendant Clarity Services, Inc., (“Clarity”) by its undersigned counsel, and pursuant to Rules 12(b)(1), and 12(b)(6) of the Federal Rules of Civil Procedure, respectfully moves this Court to enter an Order dismissing Plaintiff’s Complaint with prejudice for failure to state a claim upon which relief can be granted and/or without prejudice for want of federal subject-matter jurisdiction. This Court should dismiss Plaintiff’s Complaint as to Clarity because Clarity did not violate the federal Fair Credit Reporting Act (FCRA) and did not invade Plaintiff’s privacy, as pled in the Complaint, and/or because Plaintiff’s Complaint fails to establish standing to bring her FCRA claim as against Clarity. This Motion is supported by an accompanying memorandum of law, by all pleadings and other documents filed with the Court in this matter, and by the arguments of counsel. Dated: June 20, 2017 /s/ Allison M. Lange Garrison Matthew Spohn (MN Bar No. 313567) CASE 0:17-cv-01165-RHK-LIB Document 14 Filed 06/20/17 Page 1 of 2 2 matthew.spohn@nortonrosefulbright.com NORTON ROSE FULBRIGHT US, LLP Tabor Center 1200 17th Street, Suite 1000 Denver, CO 80202-5835 Telephone: (303) 801-2700 Allison M. Lange Garrison (MN Bar. No. 0391433) allison.langegarrison@nortonrosefulbright.com NORTON ROSE FULBRIGHT US, LLP RBC Plaza 60 South Sixth Street, Suite 3100 Minneapolis, MN 55402 Telephone: (612) 321-2800 Attorneys for Defendant Clarity Services, Inc. CASE 0:17-cv-01165-RHK-LIB Document 14 Filed 06/20/17 Page 2 of 2
