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Pauli v. City Bank, N.A.

United States District Court, D. Nevada

June 1, 2017

KATHRYN L. PAULI, Plaintiffs,
v.
CITY BANK, N.A., et al., Defendants.

          ORDER

         Presently 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).

         I. Facts

         The instant action involves allegations of inaccurate credit reporting in violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (the “FCRA”).

         Plaintiff 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).

         Plaintiff 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).

         On 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).

         In the instant motion, CITB moves to dismiss plaintiff's claims against it pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 7).

         II. Legal Standard

         A court 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).

         “Factual 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).

         In 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.

         Second, 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.

         Where 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.

         The Ninth Circuit addressed post-Iqbal pleading standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). The ...


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