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07-608 - Knudson v. Experian Information Solutions, Inc.

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07-608 - Knudson v. Experian Information Solutions, Inc.
October 4, 2007
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MEMORANDUM OPINION AND ORDER as follows: 1)granting 10 MOTION to Dismiss (Partial) filed by Trans Union, LLC and the request for declaratory relief against Trans Union LLC under the FCRA is dismissed; 2) Granting 13 13 MOTION to Dismiss filed by Wachovia Bank; 3) The Plaintiff's claim for violation of 15 USC 1681s-2(b) against Wachovia is dismissed without prejudice; Kudson is given until 10/17/07, to file a new Amended Complaint, which must be complete unto itself, should he choose to do so, and if he can allege in good faith facts to support an allegation that the requisite notice was provided to Wachovia Bank; In the absence of such an Amended Complaint being filed, the claim will be dismissed with prejudice at that time; b) The Plaintiff's state law claims as against Wachovia Bank are dismissed with prejudice; 3) denying as moot 26 MOTION to Strike 25 BRIEF/MEMORANDUM in Opposition Motion To Strike Knudson's Response To Wachovia's Reply Brief In Support Of Its Motion To Dismiss filed by Wachovia Bank. Signed by Judge W. Harold Albritton III on 10/4/07. (Attachments: # (1) appeals checklist)(vma, )
November 28, 2007
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ORDER granting 30 Motion to Dismiss, and the claims against Defendant Equifax Information Services are dismissed with prejudice; Because Defendants Wachovia Bank and Trans Union only filed motions to dismiss and did not file answers or motions for summary judgment in this case, the Plaintiff was authorized by FRCP 41(a) to file notices of voluntary dismissal without prejduice as to the claims against those Defendants Carter v. U.S., 547 F.2d 258, 259 (5th Cir.1977); In ruling on the motions to dismiss prior to the Plaintiff filing these notice, however, this court dismissed with prejudice some claims brought against Trans Union and Wachovia Bank; (doc. 27); Therefore, the court clarifies that the Plaintiff's Notices of Dismissal (doc. 28, 29) do not apply to any claims previously dismissed with prejudice by this court; See Wilson-Cook Medical, Inc. v. Wilson, 942 F. d 247,252 (4th Cir.1991) ("Once a court has dismissed a claim with prejudice, a party cannot, of course, voluntarily dismiss that same claim, without prejudice"); The Notices of Dismissal apply only to claims which either remained pending against Trans Union and Wachovia Bank after, or which were dismissed with prejudice by, this court's Memorandum Opinion and Order on the Motions to Dismiss (doc. 27); This case will proceed against the Defendant Experian Information Solutions, Inc. Signed by Judge W. Harold Albritton III on 11/28/07. (Attachments: # (1) appeals checklist) (vma, )
June 3, 2008
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ORDER that 41 Amended Complaint is STRICKEN; The Plaintiff is given until 6/10/08 to file an Amended Complaint which states a claim, within the requirements of FRCP 11, only against Wachovia Bank, N.A. for a violation of 15 USC 1681s-2(b); Wachovia Bank is given 20 days to file a response to the new Amended Complaint; Amended Pleadings due by 6/10/2008. Signed by Honorable W. Harold Albritton, III on 6/3/08. (vma, )
June 23, 2008
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ORDER denying 51 Motion to Reconsider, as further set out in order. Signed by Honorable W. Harold Albritton, III on 6/23/08. (djy, )