Musudi v. Ford Motor Credit Company Diblasi Motors

Full title: HAYAT MUSUDI, PALWASH MASUDI Plaintiffs, v. FORD MOTOR CREDIT COMPANY…

Court: United States District Court, E.D. New York

Date published: Jul 31, 2008

07-CV-1082 (CBA) (LB) (E.D.N.Y. Jul. 31, 2008)

Opinion

07-CV-1082 (CBA) (LB).

July 31, 2008

ORDER

CAROL AMON, District Judge

Plaintiffs have filed a pro se action pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Equal Credit Opportunities Act ("ECOA"), 15 U.S.C. § 1691, et seq. Defendants moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. This Court referred defendants' motion to the Honorable Lois Bloom, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b).

This Court has received the Report and Recommendation of Magistrate Judge Bloom dated May 23, 2008, recommending that this Court grant defendant's motion to dismiss plaintiffs' claims with leave to replead the ECOA claim only. No party has objected to the Report and Recommendation. The Court hereby adopts the Report and Recommendation of October 22, 2007 as its opinion. Plaintiffs have twenty days from the date of this Order to file a Second Amended Complaint.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from a judgment entered herein would not be taken in good faith and that in forma pauperis status should be denied for purpose of any appeal.

SO ORDERED.