Defoor et al v. United States of America et al

Filing 4

ORDER granting 3 the United States' Motion to Dismiss; denying 1 Plantiffs' Petition to Quash Summons. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 2/23/10.(TLJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kenneth Lee Defoor; and Helen Ruth Defoor, Plaintiffs, vs. United States; TransUnion, LLC; Experian Information Solutions; and Equifax Credit Information Services, Inc., Defendants.

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No. MC-09-8005-PHX-DGC ORDER

Plaintiffs Kenneth and Helen Defoor commenced this action, on November 10, 2009, by filing a petition to quash summonses issued by the IRS to the three major credit reporting agencies. Dkt. #1. On January 8, 2010, the United States filed a motion to dismiss for lack of jurisdiction. Dkt. #3. Plaintiffs have filed no response, and the time for doing so has expired. See LRCiv 12.1(b), 56.1(d). The United States has presented evidence showing that the summonses at issue have been withdrawn. Dkt. ##3-1, 3-2. The United States argues, correctly, that withdrawal of the summonses renders this action moot by removing the case or controversy before the Court. Dkt. #3 at 2-3; see Thompson v. United States, No. 2:06-CV-993, 2007 WL 2778663, at *2 (S.D. Ohio Sept. 21, 2007); Matz v. United States, No. CIV 96-0957-PHX-SMM, 1996 WL 628469, at *2 (D. Ariz. July 24, 1996); Dame v. United States, 643 F. Supp. 533, 534 (S.D.N.Y. 1986). The Court will dismiss the petition.

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IT IS ORDERED: 1. 2. 3. The United States' motion to dismiss (Dkt. #3) is granted. Plaintiffs' petition to quash summons (Dkt. #1) is dismissed. The Clerk is directed to terminate this action.

DATED this 23rd day of February, 2010.

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