Robinson v. Boundy

Filing 4

Memorandum of Opinion and Order. Defendant's Motion to Dismiss (Related doc # 3 ) is well taken. Motion is granted and action is dismissed. Judge Christopher A. Boyko on 4/4/2017. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

PHILLIP ROBINSON,
Plaintiff,
v.
CRAIG BOUNDY,
Defendant.

)
)
)
)
)
)
)
)
)

CASE NO. 1:17 CV 196
JUDGE CHRISTOPHER A. BOYKO
MEMORANDUM OF OPINION
AND ORDER

This action was originally filed by Plaintiff Phillip Robinson in the Cleveland Municipal
Court, Small Claims Division, against Defendant Craig Boundy, Chief Executive Officer of
Experian North America. The action was removed by Defendant to this Court on the ground that
Plaintiff seeks relief under the Fair Credit Reporting Act. Now before the Court is Defendant’s
unopposed Motion to Dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, filed
on February 7, 2017, in which he asserts the Complaint must be dismissed because it contains no
factual allegations.
A cause of action fails to state a claim upon which relief may be granted when it lacks
“plausibility in the complaint.” Bell At. Corp. v. Twombly, 550 U.S. 544, 564 (2007). A
pleading must contain a “short and plain statement of the claim showing that the pleader is
entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in the
pleading must be sufficient to raise the right to relief above the speculative level on the
assumption that all the allegations in the complaint are true. Twombly, 550 U.S. at 555. The
plaintiff is not required to include detailed factual allegations, but must provide more than “an
unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678 (2009). A

pleading that offers legal conclusions or a simple recitation of the elements of a cause of action
will not meet this pleading standard. Id.
Given the complete absence of factual allegations in the Complaint, the Court finds
Defendant’s Motion to Dismiss is well taken. Accordingly, the Motion is granted, and this action
is dismissed.
IT IS SO ORDERED.
s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE
DATED: April 4, 2017

-2-