Opinion
Civil Action 22-347-SDD-SDJ
03-29-2023
MONIQUE MONTGOMERY v. CAPITAL ONE BANK USA, N.A.
RULING
SHELLY D. DICK, CHIEF JUDGE
The Court has carefully considered the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Scott D. Johnson dated March 14, 2023, to which no Objection has been filed.
Rec. Doc. 12.
ACCORDINGLY, the Motion to Dismiss (R. Doc. 7) filed by Defendant Capital One Bank (USA), N.A. is GRANTED IN PART and DENIED IN PART. Defendant's Motion is granted with regard to Plaintiffs claims for false light (Claim 1), fraudulent inaction (Claim 2), intentional misrepresentation (Claim 3), abusive debt collection practices (Claim 4), abuse of right (Claim 5), extortion (Claim 6), defamation (Claim 9), intentional infliction of emotional distress (Claim 10), negligent infliction of emotional distress (Claim 11), TCPA (Claim 12), and fraud by misrepresentation or silence under Article 1953 (Claim 13), and those claims are DISMISSED WITHOUT PREJUDICE. All other claims remain pending. Defendant's alternative Motion for a More Definite Statement is DENIED AS MOOT. Plaintiff is ordered to file an amended complaint within 21 days of the Court's ruling to the extent Plaintiff wishes to cure the deficiencies outlined above. Should Plaintiff decline to file an amended complaint, those claims currently being dismissed without prejudice shall be dismissed with prejudice. In addition, any surviving state law claims shall be remanded to the Baton Rouge City Court.
IT IS SO ORDERED.