United States District Court, D. Nevada
KATHRYN L. PAULI, Plaintiffs,
CITY BANK, N.A., et al., Defendants.
before the court is defendant CIT Bank, N.A.'s
(“CITB”) motion to dismiss. (ECF No. 7).
Plaintiff Kathryn L. Pauli (“plaintiff”) filed a
response (ECF No. 9), to which CITB replied (ECF No. 14).
instant action involves allegations of inaccurate credit
reporting in violation of the Fair Credit Reporting Act, 15
U.S.C. § 1681, et seq. (the
alleges that she was indebted to CITB and that CITB reported
the debt to consumer reporting agencies (“CRAs”),
including defendant Equifax, LLC (“Equifax”).
(ECF No. 1 at 2). Plaintiff further alleges that CITB's
report included an incorrect and inaccurate debt balance.
(ECF No. 1 at 2).
asserts that she provided CITB, as well as the CRAs, with
written notice as to the inaccurate debt balance. (ECF No. 1
at 2-3). Plaintiff further asserts that CITB continued to
report the disputed balance and failed to inform Equifax that
the debt was in dispute, to conduct an adequate investigation
of the dispute balance, and to notify plaintiff that CITB had
reported the debt to CRAs. (ECF No. 1 at 2).
January 19, 2017, plaintiff filed the underlying complaint
for damages, alleging three claims for relief: (1) violations
of the FCRA against Equifax; (2) violations of the FCRA
against CITB; and (3) violations of Nevada's Deceptive
Trade Practices Act, NRS Chapter 598 (“NDTPA”)
against Equifax and CITB. (ECF No. 1).
instant motion, CITB moves to dismiss plaintiff's claims
against it pursuant to Federal Rule of Civil Procedure
12(b)(6). (ECF No. 7).
may dismiss a complaint for “failure to state a claim
upon which relief can be granted.” Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide “[a]
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands “more than labels and
conclusions” or a “formulaic recitation of the
elements of a cause of action.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level.” Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to “state a claim to relief
that is plausible on its face.” Iqbal, 556
U.S. at 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the elements
of a cause of action, supported only by conclusory
statements, do not suffice. Id. at 678.
the court must consider whether the factual allegations in
the complaint allege a plausible claim for relief.
Id. at 679. A claim is facially plausible when the
plaintiff's complaint alleges facts that allow the court
to draw a reasonable inference that the defendant is liable
for the alleged misconduct. Id. at 678.
the complaint does not permit the court to infer more than
the mere possibility of misconduct, the complaint has
“alleged-but not shown-that the pleader is entitled to
relief.” Id. (internal quotation marks
omitted). When the allegations in a complaint have not
crossed the line from conceivable to plausible,
plaintiff's claim must be dismissed. Twombly,
550 U.S. at 570.
Ninth Circuit addressed post-Iqbal pleading
standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th
Cir. 2011). The ...