Nash v. Wachovia Bank et al

Filing 45

ORDER signed by District Judge Morrison C. England, Jr. on 9/30/2016 ADOPTING 44 Findings and Recommendations; GRANTING Equifax's 17 Motion to Dismiss and all claims against Equifax are DISMISSED without leave to amend; GRANTING IN PAR T AND DENYING IN PART Wells Fargo's 12 Motion to Dismiss as follows: Wells Fargo's motion to dismiss plaintiff's Fourteenth Amendment against it is DENIED, and Wells Fargo's motion to dismiss plaintiff's FCRA claim aga inst it is GRANTED and the claim is DISMISSED with leave to amend. Plaintiff is GRANTED 30 days from the date of service of this order to file an amended complaint. The amended complaint must bear the docket number assigned to this case and mus t be labeled "Second Amended Compliant." Should plaintiff fail to file a second amended complaint, this matter will proceed on plaintiff's Fourteenth Amendment and California Civil Code § 2983.8 claims against Wells Fargo; DENYING Plaintiff's 19 Motion for Default Judgment; DENYING Plaintiff's 20 Motion for Default Judgment; and DENYING Wells Fargo's 38 Motion for Judgment on the Pleadings as premature. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE R. NASH,

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No. 2:14-cv-850-MCE-EFB PS

Plaintiff,
v.

ORDER

WACHOVIA BANK, WELLS FARGO
BANK, and EQUIFAX INFORMATION
SYSTEM LLC., and DOES 1-20,
inclusive,
Defendants.

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On September 14, 2016, the magistrate judge filed findings and recommendations herein

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which were served on the parties and which contained notice that any objections to the findings

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and recommendations were to be filed within fourteen days. No objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case and the applicable legal standards. Good cause

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appearing, the Court concludes that it is appropriate to adopt the proposed Findings and

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Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1.

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The proposed Findings and Recommendations filed September 14, 2016, (ECF

No. 44) are ADOPTED.

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2.

Equifax’s motion to dismiss (ECF No. 17) is GRANTED and all claims against

Equifax are DISMISSED without leave to amend.
3. Wells Fargo’s motion to dismiss (ECF No. 12) is GRANTED in part and DENIED in
part as follows:
a. Wells Fargo’s motion to dismiss plaintiff’s Fourteenth Amendment against it is

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DENIED; and
B. Wells Fargo’s motion to dismiss plaintiff’s FCRA claim against it is

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GRANTED and the claim is DISMISSED with leave to amend.
4.

Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint. The amended complaint must bear the docket number assigned to this case and must

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be labeled “Second Amended Compliant.” Should plaintiff fail to file a second amended

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complaint, this matter will proceed on plaintiff’s Fourteenth Amendment and California Civil

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Code § 2983.8 claims against Wells Fargo.
Plaintiff’s motions for default judgment (ECF Nos. 19, 20) are DENIED.

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5.

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6. Wells Fargo’s motion for judgment on the pleadings pursuant to Rule 12(c) (ECF No.

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38) is DENIED as premature.
Dated: September 30, 2016

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