Rigby v. FIA Card Services, N.A.

Filing 32

ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss Plaintiff's Complaint filed by FIA Card Services, N.A. Count I is dismissed with prejudice since there is no billing error and therefore noviolation of the FCBA; alth ough Plaintiff voluntarily dismisses Count II without prejudice in hisResponse, Count II is dismissed with prejudice; Counts III and IV are dismissed with prejudicesince Plaintiff fails to state a claim upon which relief may be granted. Signed by Judge Kristi K. DuBose on 12/21/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES G. RIGBY,
Plaintiff,
vs.
FIA CARD SERVICES, N.A., d/b/a
BANK OF AMERICA,
Defendant.

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CIVIL ACTION NO. 11-00373-KD-M

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issue
raised, and a de novo determination of those portions of the Report and Recommendation to which
objection is made, the Report and Recommendation of Magistrate Judge made under 28 U.S.C. '
636(b)(1)(B) and dated November 21, 2011, is hereby ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendant’s Motion to Dismiss (Docs. 8,9) is GRANTED as
follows: Count I is dismissed with prejudice since there is no billing error and therefore no
violation of the FCBA; although Plaintiff voluntarily dismisses Count II without prejudice in his
Response, Count II is dismissed with prejudice; Counts III and IV are dismissed with prejudice
since Plaintiff fails to state a claim upon which relief may be granted.
DONE and ORDERED this the 21st day of December 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE