Richardson v. Chase Bank et al

Filing 36

ORDER granting 33 defendant Tinker Federal Credit Union's Motion for Judgment on the Pleadings Against Plaintiff Stephen Richardson (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 3/22/2018. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
STEPHEN RICHARDSON,
Plaintiff,
vs.
NAVY FEDERAL CREDIT UNION,
SYNCB/CARE CREDIT and
TINKER FEDERAL CREDIT UNION,
Defendants.

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Case No. CIV-17-1120-M

ORDER
Before the Court is defendant Tinker Federal Credit Union’s (“TFCU”) Motion for
Judgment on the Pleadings Against Plaintiff Stephen Richardson, filed February 27, 2018. On
March 13, 2018, plaintiff filed his response, and on March 20, 2018, TFCU filed its reply. Based
upon the parties’ submissions, the Court makes its determination.
Plaintiff alleges six claims against TFCU arising under the Fair Credit Reporting Act, 15
U.S.C. § 1681, et seq. (“FCRA”). TFCU moves this Court, pursuant to Federal Rule of Civil
Procedure 12(c), for judgment on the pleadings as to all claims against it.
When reviewing a motion for judgment on the pleadings under Rule 12(c), the court applies
the same standard that applies to a Rule 12(b)(6) motion. Park Univ. Enters., Inc. v. Am. Cas. Co.
of Reading, PA, 442 F.3d 1239, 1244 (10th Cir. 2006). Regarding the standard for determining
whether to dismiss a claim pursuant to Rule 12(b)(6) for failure to state a claim upon which relief
may be granted, the United States Supreme Court has held:
To survive a motion to dismiss, a complaint must contain sufficient
factual matter, accepted as true, to state a claim to relief that is
plausible on its face. A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct

alleged. The plausibility standard is not akin to a “probability
requirement,” but it asks for more than a sheer possibility that a
defendant has acted unlawfully. Where a complaint pleads facts that
are merely consistent with a defendant’s liability, it stops short of
the line between possibility and plausibility of entitlement to relief.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotations and citations omitted). Further,
“where the well-pleaded facts do not permit the court to infer more than the mere possibility of
misconduct, the complaint has alleged - but it has not shown - that the pleader is entitled to relief.”
Id. at 679 (internal quotations and citations omitted). Additionally, “[a] pleading that offers labels
and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does
a complaint suffice if it tenders naked assertion[s] devoid of further factual enhancement.” Id. at
678 (internal quotations and citations omitted). A court “must determine whether the complaint
sufficiently alleges facts supporting all the elements necessary to establish an entitlement to relief
under the legal theory proposed.” Lane v. Simon, 495 F.3d 1182, 1186 (10th Cir. 2007) (internal
quotations and citation omitted). Finally, “[a] court reviewing the sufficiency of a complaint
presumes all of plaintiff’s factual allegations are true and construes them in the light most favorable
to the plaintiff.” Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991).
Having carefully reviewed plaintiff’s Amended Complaint, the Court finds that plaintiff
has not set forth sufficient factual allegations to state any FCRA claims against TFCU.
Specifically, the Court finds that plaintiff simply makes conclusory allegations regarding TFCU’s
alleged violations of the FCRA. Plaintiff recites the words of the FCRA setting forth TFCU’s
duties and states, in conclusory fashion, that TFCU violated those duties. Accordingly, the Court
finds that judgment on the pleadings should be granted as to all claims against TFCU.

Accordingly, the Court GRANTS TFCU’s Motion for Judgment on the Pleadings Against
Plaintiff Stephen Richardson [docket no. 33].
IT IS SO ORDERED this 22nd day of March, 2018.