Johnson v. Courtesy Automotive Group et al

Filing 19

RULING Adopting 18 Report and Recommendation of the U.S. Magistrate Judge. Granting 7 Motion to Dismiss, and the claims of Plaintiff against Defendants under the Federal Trade Commission Act and the Consumer Leasing Act are DISMISSED WITH PREJ UDICE and the claims of Plaintiff against Defendants under the Truth in Lending Act are DISMISSED WITHOUT PREJUDICE. Plaintiff is permitted to file an amended complaint within 21 days of this Court's ruling to the extent Plaintiff wishes to cure the deficiencies of her claim under the Truth in Lending Act outlined above. Should Plaintiff decline to file an amended complaint, her claims shall be dismissed with prejudice and judgment will be entered in favor of Defendants. Defendants'� 39; Rule 12(b)(5) Motion to Dismiss, to the extent it challenges service of process of Defendant Todd Hebert, is hereby DENIED. Defendants Rule 12(b)(5) Motion to Dismiss, to the extent it challenges service of process of Defendant Courtesy Automotiv e Group, is hereby DENIED WITHOUT PREJUDICE. If Plaintiff chooses to file an amended complaint within the 21 days allowed, she is ordered to ensure that service of her amended complaint is perfected on Defendant Courtesy Automotive Group pursuant to Rule 4 within 21 days of filing that amended complaint. Finally, Defendants' Alternative Motion for More Definite Statement is hereby DENIED AS MOOT. Signed by Chief Judge Shelly D. Dick on 3/31/2021. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOHNSON

CIVIL ACTION

VERSUS
20-103-SDD-SDJ
COURTESY AUTOMOTIVE
GROUP, ET AL.
RULING
The Court has carefully considered the Motion1, the record, the law applicable to
this action, and the Report and Recommendations2 of United States Magistrate Judge
Scott D. Johnson, dated March 8, 2021, to which no objection was filed.
The Court hereby approves the Report and Recommendations of the Magistrate
Judge and adopts it as the Court’s herein.
ACCORDINGLY, the Defendants’ Rule 12(b)(6) Motion to Dismiss is hereby
GRANTED, and the claims of Plaintiff against Defendants under the Federal Trade
Commission Act and the Consumer Leasing Act are DISMISSED WITH PREJUDICE and
the claims of Plaintiff against Defendants under the Truth in Lending Act are DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff is permitted to file an amended complaint
within 21 days of this Court’s ruling to the extent Plaintiff wishes to cure the deficiencies
of her claim under the Truth in Lending Act outlined above. Should Plaintiff decline to file
an amended complaint, her claims shall be dismissed with prejudice and judgment will be
entered in favor of Defendants.

1
2

Rec. Doc. 7.
Rec. Doc. 18.

IT IS FURTHER ORDERED that Defendants' Rule 12(b)(5) Motion to Dismiss, to
the extent it challenges service of process of Defendant Todd Hebert, is hereby DENIED.
IT IS FURTHER ORDERED that Defendants’ Rule 12(b)(5) Motion to Dismiss, to
the extent it challenges service of process of Defendant Courtesy Automotive Group, is
hereby DENIED WITHOUT PREJUDICE. If Plaintiff chooses to file an amended complaint
within the 21 days allowed, she is ordered to ensure that service of her amended
complaint is perfected on Defendant Courtesy Automotive Group pursuant to Rule 4
within 21 days of filing that amended complaint.
Finally,
IT IS FURTHER ORDERED that Defendants' Alternative Motion for More Definite
Statement is hereby DENIED AS MOOT.
Signed in Baton Rouge, Louisiana on March 31, 2021.

S

CHIEF JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA