WEST v. WELLS FARGO AUTO

Filing 11

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS 5 IS GRANTED. SIGNED BY HONORABLE KAREN S. MARSTON ON 1/17/23. 1/17/23 ENTERED & E-MAILED. NOT MAILED TO WEST. (fdc)

Case 2:22-cv-04405-KSM Document 11 Filed 01/17/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

KIQUON WEST.,
Plaintiff,

NO. 22-4405-KSM

v.
WELLS FARGO AUTO,
Defendant.

ORDER
AND NOW, this 17th day of January, 2023, upon consideration of Defendant’s Motion
to Dismiss for Failure to State a Claim (Doc. No. 5), Plaintiff’s opposition (Doc. No. 7),
Defendant’s reply (Doc. No. 8), and Plaintiff’s sur-reply (Doc. No. 9), and for the reasons stated
in the accompanying Memorandum, it is ORDERED that the Motion is GRANTED. It is
further ORDERED that Plaintiff’s TILA claim is DISMISSED with prejudice to the extent it is
based on the right of rescission, and the remainder of Plaintiff’s Complaint DISMISSED
without prejudice.
IT IS SO ORDERED.
/s/ Karen Spencer Marston
______________________________
KAREN SPENCER MARSTON, J.