Palmer v. Capital One Auto Finance

District Court, E.D. Texas

Palmer v. Capital One Auto Finance

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00589 Melinda Palmer, Plaintiff, V. Capital One Auto Finance, Defendant. Before BARKER, District Judge ORDER Defendant Capital One removed this case from state court on December 9, 2019. Doc. 1. On January 6, 2020, plaintiff filed an amended complaint alleging violations of the Fair Credit Reporting Act (“FCRA”),

15 U.S.C. § 1681

et seq. and the Texas Uniform Commercial Code (“UCC”). Doc. 5. Pursuant to

28 U.S.C. § 636

, the case was referred to United States Magistrate Judge John D. Love. Doc. 6. Capital One then filed a motion to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 12. On March 4, 2020, Judge Love issued a report and recom- mendation that Capital One’s motion to dismiss be denied. Doc. 14. A copy of this report and recommendation was served on the parties via the court’s CM/ECF electronic filing system. See

id.

No party has objected. The court finds no “clear error on the face of the record.” Douglass v. United Servs. Auto. Assn,

79 F.3d 1415, 1420

(Sth Cir. 1996) (cleaned up). Accordingly, the report and recom- mendation (Doc. 14) is adopted. Fed. R. Civ. P. 72(b)(3). Cap- ital One’s motion to dismiss (Doc. 12) is denied.

So ordered by the court on April 2, 2020.

J: CAMPBELL BARKER United States District Judge

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Reference

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