Purdie v. Ace Money Express, Inc.

United States Of America District Judge.

Ahead of the court may be the movement to Dismiss for Failure to mention a Claim of Defendants ACE money Express, Inc. (“ACE”) and Goleta nationwide Bank (“Goleta”), filed January 18, 2002. The court, for the reasons stated, grants the Motion to Dismiss for Failure to State a Claim upon consideration of the motion, response and reply.

Procedural Background

Plaintiff Beverly Purdie (“Purdie” of “Plaintiff”) is utilized by the Maryland Board of Parole and Probation. She defines by herself as working-class or low-income, without usage of, or lacking familiarity with, credit from banking institutions or other conventional credit providers. (Plf 2nd Am. Compl. В¶ 1 18). Starting in might of 2000, Purdie sent applications for and obtained a few “payday loans” at an ACE check cashing store. ( Id. В¶ 25).

On September 6, 2001, Purdie filed this step against ACE, and four of their officers as a course action on the part of a class that is nationwide of, alleging that the issuance of pay day loans violated a number of federal and state regulations. Particularly, Purdie stated that the mortgage operations of ACE violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. В§ 1962 (a), (c) (d), the reality in Lending Act (“TILA)”, 15 U.S.C. В§ 1602, et seq., the Electronic Funds Transfer Act (“EFTA”), 15 U.S.C. В§ 1693, the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. В§ 1692, et seq., state statutes managing little loans, plus the Texas Deceptive Trade methods Act along with other state consumer security guidelines. For the reason that issue, Purdie desired a short-term and permanent injunction, declaratory relief, damages, and lawyer’s charges.

On October 4, 2001, Purdie filed an amended issue, incorporating Goleta being a defendant. She asserted that the Defendants, in conjunction with ePacific, Inc. (“ePacific”), designed and performed an unlawful enterprise, known as the “payday loan scheme.” Based on Purdie, these functions constituted violations for the conditions of RICO, TILA, EFTA, FDCPA, state loan https://www.badcreditloans4all.com/payday-loans-ak/ that is small, state customer security statutes, while the credit solutions organizations functions of varied states.

In November of 2001, the Defendants moved to dismiss the action for need of material jurisdiction as well as for failure to mention a claim. In of 2001, Purdie filed a motion to amend her complaint december. The court granted the movement and Purdie filed her Second Amended problem on December 11, 2001. For the reason that problem, she names ACE and Goleta whilst the defendants that are sole. Purdie will continue to assert her claims as being a class agent. She identifies the course as all people to who ACE has lent cash by means of payday advances from 1, 2000 until the filing of the complaint, as well as those persons to whom ACE will make loans in the future april. (Plf Second Am. Compl. ¶ 10). Purdie alleges that the Defendants have violated §§ 1962(c) (d) of RICO plus the anti-usury and little loan legislation of Texas as well as other states. Purdie additionally asserts a typical law claim of unjust enrichment.

On January 18, 2002, Defendants ACE and Goleta relocated to dismiss Plaintiff’s 2nd Amended problem. They argue that: (1) Plaintiff has failed to allege the presence of a RICO enterprise; (2) Plaintiff has neglected to allege that Goleta operated or handled a RICO enterprise; and (3) the court should drop to exercise supplemental jurisdiction over Plaintiff’s state legislation claims. II. Movement to Dismiss Standard

Defendants additionally proceed to dismiss Plaintiff’s claims centered on payday advances produced by ACE ahead of its relationship with Goleta because Plaintiff does not have standing to say such claims. Plaintiff properly notes that no such claims are asserted in this step. (Plf Opposition to Mot. to Dismiss at 8 letter. 5). Properly, the court do not need to address this problem.

A movement to dismiss for failure to mention a claim under Fed.R.Civ.P. 12(b)(6) “is seen with disfavor and it is seldom awarded.” Lowrey v. Texas A M Univ. Sys., 117 F.3d 242, 247 (5th Cir. 1997). An area court cannot dismiss a problem, or any section of it, for failure to mention a claim upon which relief could be issued him to relief” Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir”unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle. 1995). Stated one other way, “a court may dismiss an issue as long as it really is clear that no relief might be issued under any collection of facts that might be shown in line with the allegations.” Swierkiewicz v. Sorema, 122 S.Ct. 992, 998 (2002) (quoting Hishon v. King Spalding, 467 U.S. 69, 73 (1984)).

The court must accept all well-pleaded facts in the complaint as true and view them in the light most favorable to the plaintiff Baker v. Putnal, 75 F.3d 190, 196 (5th Cir in reviewing a Rule 12(b)(6) motion. 1996). In governing on such a motion, the court cannot look beyond the pleadings. Id; Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir. 1999), cert. rejected, 530 U.S. 1229 (2000). The question that is ultimate a Rule 12(b)(6) movement is whether or not the complaint states a legitimate reason behind action if it is seen within the light most favorable into the plaintiff along with every question fixed in support of the plaintiff. Lowrey, 117 F.3d at 247. A plaintiff, nonetheless, must plead certain facts, perhaps not mere conclusory allegations, to prevent dismissal. Guidry v. Bank of LaPlace, 954 F.2d 278, 281 (5th Cir. 1992).