MOORE v. RITE AID HDQTRS CORP. et al

Filing 43

ORDER THAT DEFT'S MOTION TO DISMISS PLFF'S FIRST AMENDED CLASS ACTION COMPLAINT IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/28/15. 5/29/15 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KYRA MOORE, on behalf of herself and
others similarly situated,
Plaintiff,

CIVIL ACTION

v.
NO. 13-1515
RITE AID HDQTRS CORP., doing
business as “RITE AID
CORPORATION,”
Defendant.
ORDER
AND NOW, this 28th day of May, 2015, upon consideration of Defendant Rite
Aid Hdqtrs Corp.’s Motion to Dismiss Plaintiff’s First Amended Class Action Complaint
(Document No. 35, filed September 22, 2014); Plaintiff’s Response in Opposition to
Defendant Rite Aid’s Motion to Dismiss Plaintiff’s Amended Complaint (Document No.
38, filed October 23, 2014); and Defendant Rite Aid Hdqtrs Corp.’s Reply Memorandum
of Law in Further Support of its Motion to Dismiss the Amended Complaint (Document
No. 41, filed November 7, 2014), for the reasons set forth in the accompanying
Memorandum dated May 28, 2015, IT IS ORDERED that defendant’s Motion to
Dismiss Plaintiff’s First Amended Class Action Complaint is GRANTED IN PART
AND DENIED IN PART, as follows:
1.

Defendant’s Motion to Dismiss is GRANTED with respect to the claim of

willfulness in Count I of the Amended Complaint to the extent that Count I is premised
on the argument that plaintiff had insufficient time to contest the background report and
adjudication before an adverse action was taken against her because she did not have a
copy of her VAS on which LexisNexis relied. To the extent that Count I is premised on

that argument, recovery under Count I of the Amended Complaint is LIMITED to actual
damages, costs, and attorney’s fees under 15 U.S.C. § 1681o.
2.

Defendant’s Motion to Dismiss is DENIED in all other respects.

IT IS FURTHER ORDERED that the Court will conduct a telephone
conference to schedule further proceedings in due course. Discovery may proceed in the
interim.
BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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