Finley v. Discover Card

Filing 9

ORDER DISMISSING ACTION WITH PREJUDICE. Signed by Judge Joseph C. Spero on May 30, 2013. (jcslc1, COURT STAFF) (Filed on 5/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LATONYA R. FINLEY,

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Case No. 13-cv-01898-JCS

Plaintiff,
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v.

ORDER DISMISSING ACTION WITH
PREJUDICE

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DISCOVER FINANCIAL SERVICES LLC,

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Defendant.

United States District Court
Northern District of California

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Plaintiff filed a complaint asserting claims based on an alleged breach by Defendant of a

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repayment agreement between the parties. She also requested leave to proceed in forma pauperis.

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The Court granted her request but dismissed the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)

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in an order filed May 15, 2013. The Court explained that Plaintiff’s complaint failed to satisfy the

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requirements of Rule 8(a)(2) of the Federal Rules of Civil Procedure because it did not allege any

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specific facts as to the alleged wrongful conduct; rather, the complaint contained only conclusory

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allegations that did not provide sufficient notice to the Defendant as to the basis for Plaintiff’s

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claims. Plaintiff was given leave to amend her complaint and filed an amended complaint on

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May 28, 2013. The amended complaint, however, like the original complaint, does not contain

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any specific factual allegations relating to the alleged wrongful conduct. Indeed, it is identical to

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the original complaint with the exception of paragraph 8, which now states, “[w]ith a lack of the

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conviction defendant breached financial performance, when defendant obstructed payments to

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Merchants made on the credit card account number 7964.”1

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In the original complaint, paragraph 8 stated, “Defendant breach that contract when Defendant
failed to apply plaintiff payments to a new account set up solely for payments purposes per
contractual agreement.”

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Because Plaintiff’s amended complaint fails to remedy the deficiency identified in the

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Court’s previous order, the amended complaint is dismissed with prejudice. The Clerk is

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instructed to enter judgment in favor of Defendant and close the file in this case.

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IT IS SO ORDERED.
Dated: May 30, 2013
______________________________________
JOSEPH C. SPERO
United States Magistrate Judge

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United States District Court
Northern District of California

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