Soman v. Alameda Health System, 17-cv-06076-JD. (2019)
Court: District Court, N.D. California
Number: infdco20191021752
Visitors: 3
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: ORDER RE RECONSIDERATION AND RE-OPENING CASE JAMES DONATO , District Judge . In light of a Ninth Circuit opinion published after the Court dismissed this case, the Court advised the parties and the circuit that it would favorably view a motion for reconsideration by plaintiff. Dkt. No. 66. The circuit remanded the case on that basis, Dkt. No. 68, and the Court now grants reconsideration. The FCRA practices found to be impermissible in Gilberg v. California Check Cashing Stores, LLC, 913
Summary: ORDER RE RECONSIDERATION AND RE-OPENING CASE JAMES DONATO , District Judge . In light of a Ninth Circuit opinion published after the Court dismissed this case, the Court advised the parties and the circuit that it would favorably view a motion for reconsideration by plaintiff. Dkt. No. 66. The circuit remanded the case on that basis, Dkt. No. 68, and the Court now grants reconsideration. The FCRA practices found to be impermissible in Gilberg v. California Check Cashing Stores, LLC, 913 F..
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ORDER RE RECONSIDERATION AND RE-OPENING CASE
JAMES DONATO, District Judge.
In light of a Ninth Circuit opinion published after the Court dismissed this case, the Court advised the parties and the circuit that it would favorably view a motion for reconsideration by plaintiff. Dkt. No. 66. The circuit remanded the case on that basis, Dkt. No. 68, and the Court now grants reconsideration. The FCRA practices found to be impermissible in Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019), are substantively identical to the ones Soman challenges here. Gilberg leaves no doubt that the second amended complaint states a plausible claim.
The orders dismissing Soman's second amended complaint and entering judgment against her, Dkt. Nos. 49 and 50, are vacated. Defendant's motion to dismiss the Second Amended Complaint, Dkt. No. 44, is denied. The case is restored to active status. A scheduling conference is set for January 9, 2020.
IT IS SO ORDERED.
Source: Leagle
