GOODE et al v. LEXISNEXIS RISK & INFORMATION ANALYTICS GROUP, INC.

Filing 19

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: 1. THAT PART OF DEFENDANT'S MOTION TO DISMISS THAT SEEKS DISMISSAL OF COUNT I OF THE COMPLAINT IS DENIED. HOWEVER, RECOVERY UNDER COUN T I IS LIMITED TO ACTUAL DAMAGES, COSTS, AND ATTORNEY'S FEES UNDER 15 USC SECTION 1681o(a). 2. THAT PART OF DEFENDANT'S MOTION TO DISMISS THAT SEEKS DISMISSAL OF THE ALLEGATIONS OF A WILLFUL VIOLATION OF 15 USC SECTION 1681b(b)(3)(A) IN COUNT II OF THE COMPLAINT IS DENIED. IT IS FURTHER ORDERED THAT THE COURT WILL CONDUCT A TELEPHONE CONFERENCE TO SCHEDULE FURTHER PROCEEDINGS IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/22/12. 3/23/12 ENTERED AND E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
KEESHA GOODE and VICTORIA
GOODMAN, on Behalf of Themselves and
Others Similarly Situated,
Plaintiffs,
v.
LEXISNEXIS RISK & INFORMATION
ANALYTICS GROUP, INC.,
Defendant.
_____________________________________

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CIVIL ACTION

NO. 2:11-cv-2950-JD

ORDER
AND NOW, this 22nd day of March, 2012, upon consideration of Defendant’s Motion to
Dismiss (Document No. 9, filed July 25, 2011), Plaintiffs’ Brief in Opposition to Defendant’s
Motion to Dismiss (Document No. 13, filed August 19, 2011), Reply Brief in Further support of
Defendant LexisNexis Risk Solutions Inc.’s Motion to Dismiss (Document No. 14, filed August
29, 2011), Defendant LexisNexis Risk Solutions Inc.’s Notice of Supplemental Authority in
support of Motion to Dismiss (Document No. 16, filed March 8, 2012), and Plaintiffs’ Response
to Defendant’s Notice of Supplemental Authority and Plaintiff’s Cross-Notice of Supplemental
Authority (Document No. 17, filed March 14, 2012), for the reasons set forth in the
Memorandum dated March 22, 2012, IT IS ORDERED that Defendant’s Motion to Dismiss is
GRANTED IN PART AND DENIED IN PART as follows:

1.

That part of Defendant’s Motion to Dismiss that seeks dismissal of Count I of the

Complaint is DENIED. However, recovery under Count I is LIMITED to actual damages,
costs, and attorney’s fees under 15 U.S.C. § 1681o(a).
2.

That part of Defendant’s Motion to Dismiss that seeks dismissal of the allegations

of a willful violation of 15 U.S.C. § 1681b(b)(3)(A) in Count II of the Complaint is DENIED.
IT IS FURTHER ORDERED that the Court will conduct a telephone conference to
schedule further proceedings in due course.

BY THE COURT:

____/s/ Hon. Jan E. DuBois____
JAN E. DUBOIS, J.