UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
March 31, 2011
JOHN J. NONNENMACHER PLAINTIFF,
CAPITAL ONE, TRANS UNION, EQUIFAX INFORMATION SERVICES, LLC, AND EXPERIAN, DEFENDANTS.
The opinion of the court was delivered by: Katharine S. Hayden, U.S.D.J.
This matter having come before the Court on a motion to dismiss [D.E. 15] by defendant Capital One Bank (USA), N.A. ("Capital One"), and a motion for leave to file a Second Amended Complaint [D.E. 22] by plaintiff John J. Nonnenmacher ("Nonnenmacher"); and the Court having considered the parties' arguments and written submissions; and for the reasons stated in the Court's Opinion filed herewith,
IT IS on this 31st day of March, 2011,
ORDERED that Nonnenmacher's motion for leave to file a Second Amended Complaint [D.E. 22] is granted to the extent that it revises his FCRA claim, adds a claim under the FCBA, and corrects Capital One's corporate name in the case caption; and it is further
ORDERED that Capital One's motion to dismiss Nonnenmacher's state law claims [D.E. 15] on grounds of preemption is granted.
Katharine S. Hayden, U.S.D.J.
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