Opinion
CV 24-28-H-BMM-KLD
08-20-2024
KIMBERLY MYHRE and KYLE MYHRE, Plaintiffs, v. VROOM AUTOMOTIVE, LLC f/k/a LEFT GATE PROPERTY HOLDING, LLC, d/b/a VROOM, WESTLAKE FINANCIAL SERVICES, LLC d/b/a WESTLAKE FINANCIAL; EXPERIAN; EQUIFAX INFORMATION SERVICES, LLC; TRANSUNION, LLC, and JOHN DOES 1-10, Defendants.
ORDER
Brian Morris, Chief District Judge
Pursuant to Plaintiffs' Response to Westlake's Motion to Dismiss Filed at Doc. No. 26 and Stipulation to Relief (Doc. 39), IT IS ORDERED that Plaintiff Kyle Myhre's claim under the Fair Credit Reporting Act (“FCRA”), asserted in Count II of Plaintiffs' Complaint, is dismissed.
IT IS FURTHER ORDERED that both Plaintiffs' claims for negligence, asserted in Count III of Plaintiffs' Complaint, against Defendant Westlake Services, LLCdba Westlake Financial (“Westlake”) are preempted by the federal Fair Credit Reporting Act and thus are dismissed.
Westlake is named in the case caption as Westlake Financial Services, LLC. Westlake contends this is erroneous and that its legal name is Westlake Services, LLC.
Plaintiff Kimberly Myhre is to file an amended complaint by August 30, 2024.