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December 11, 1984
SCOTT BUETHE, PLAINTIFF-APPELLANT,v.BRITT AIRLINES, INC., DEFENDANT-APPELLEE
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. No. TH 80-251-C -- Gene E. Brooks, Judge.
Before COFFEY and FLAUM, Circuit Judges, and CAMPBELL, Senior District Judge.*fn*
FLAUM, Circuit Judge. Appellant Scott Buethe appeals from the district court's order granting appellee Britt Airlines' motion for summary judgment. The district court held that Buethe failed to state a cause of action for his allegedly wrongful termination by Britt both under the Federal Aviation Act, 49 U.S.C. §§ 1301 et seq., and under Indiana law. We reverse the district court's order with respect to the state law claim and remand for consideration of whether jurisdiction over the state law claim can properly be exercised in this case.*fn1
Scott Buethe was employed by Britt Airlines, Inc. ("Britt") as a part-time co-pilot from March 25, 1979 to June 23, 1980, when he was discharged. During his employment, Buethe was an hourly employee who had no written employment contract with Britt.
Buethe alleges that he was wrongfully discharged by Britt Airlines because of two separate incidents during the spring of 1980 when Buethe refused, because of alleged defects in the aircraft, to fly the aircraft to which he was assigned. The first of these incidents took place on March 10, 1980, when Buethe refused to fly a plane carrying thirteen commercial passengers from Chicago's O'Hare International Airport to Terre Haute, Indiana because of a problem with the plane's "auto-feather system." The pilot in command of that flight, Captain Ralph Swanson, allegedly wanted to proceed with the flight notwithstanding the mechanical problem, which would have violated Federal Aviation Administration ("FAA") regulations. Buethe's refusal to fly the plane forced Britt to cancel the flight, whereupon Captain Swanson and Buethe ferried the plane back to Terre Haute, without passengers, for repairs.
After arriving in Terre Haute, Captain Swanson reported to William Cummings, the Director of Operations at Britt, that Buethe had pre-empted the decision of the pilot in command concerning the flight cancellation by refusing to fly before Swanson had an opportunity to evaluate the situation. Buethe claims that several days after the March 10 incident, Cummings told him that "whenever a flight is cancelled, it costs the company a great deal of money, and that makes the company unhappy when they lose money."
The second incident occurred in Terre Haute on April 20, 1980, and again involved Captain Swanson as Buethe's pilot in command. Buethe noticed during a pre-flight inspection of the plane that a problem with the wing flaps was noted in the plane's log, and as the plane was taxied from the hangar to the terminal the fire warning system was found to be defective. After checking to see whether the warning light was a required item on the Minimum Equipment List, Buethe told Swanson that he "would not fly the aircraft in that condition." Buethe felt that Captain Swanson intended to proceed with the flight in spite of the mechanical problems because he taxied the plane to the terminal for passengers to board, went inside the terminal, and checked passenger loads for the flight. Swanson allegedly tried to obtain another co-pilot to replace Buethe but was unsuccessful. Swanson then called maintenance, and after a delay of several hours the plane was repaired and the flight proceeded.
On June 23, 1980, Buethe was terminated by Jack Ward, Britt's chief pilot. According to Buethe, Ward called him to his office and asked him what right he had to refuse to fly the aircraft on those two occasions when Swanson was the pilot in command. Ward also allegedly told Buethe that wing flaps were not necessary for the type of flying done by Britt and that a co-pilot should keep his eyes open and his mouth shut. Ward then terminated Buethe and told him he would never again fly for Britt as long as Ward was the chief pilot there.
Immediately thereafter, Buethe discussed his termination with William Britt, the company president, who agreed to review the matter. Mr. Britt later informed Buethe that he had considered the matter and had decided not to overrule Ward's decision.
In July 1980, shortly after his discharge, Buethe contacted the FAA and alleged that he had been terminated for refusing to fly aircraft with inoperative items. Appendix ("App.") at 38. The FAA conducted an investigation of Britt's operations but concluded that no enforcement action was warranted. App. at 41.
Buethe filed the present action against Britt in Indiana state court on November 25, 1980, alleging wrongful and retaliatory discharge and asking for compensatory damages, attorney's fees under the "private attorney general concept," and punitive damages "to punish and to deter defendant from flying routes in violation of the restrictions and requirements of the FAA." App. at 15-16. The case was subsequently removed to the United States District Court for the Southern District of Indiana pursuant to 28 U.S.C. § 1441 (1982), because of the complaint's allegations of Federal Aviation Act violations. Record ("R") 2.
Britt moved for summary judgment on August 18, 1981, on the ground that Buethe's complaint "fail[ed] to state a claim upon which relief [could] be granted."*fn2 On January 5, 1984, the district court granted Britt's motion for summary judgment. Buethe v. Britt Airlines, Inc., 581 F. Supp. 200, 204 (S.D. Ind. 1984). The district court held first that no private right of action, either express or implied, derived from the Federal Aviation Act. Id. at 203. The court then analyzed the Indiana case law on employment at will and concluded that Buethe similarly could not state a cause of action under state law. Id. at 204. On appeal, Buethe only contests the district court's dismissal of his state law claim.
The threshold issue in this case is whether the district court had subject matter jurisdiction over Buethe's state law claim once his federal claim was dismissed.*fn3 The essence of the state law claim is as follows: Although the general rule in Indiana is that an employee at will can be terminated at any time for any cause whatsoever, or for no cause at all, see Mead Johnson & Co. v. Oppenheimer, 458 N.E.2d 668, 670 (Ind. App. 1984), Indiana has recognized an exception to the employment at will doctrine when an employee is discharged for exercising a statutorily conferred right or fulfilling a statutorily imposed duty. See Frampton v. Central Indiana Gas Co., 260 Ind. 249, 253, 297 N.E.2d 425, 428 (1973) (employee states claim of wrongful discharge by alleging that her dismissal was in retaliation for filing workmen's compensation claim under state workmen's compensation law); Campbell v. Eli Lilly & Co., 413 N.E.2d 1054, 1061 (Ind. App. 1980) (plaintiff fails to state claim of wrongful discharge when he demonstrates no statutory source for the alleged rights/duties he has exercised/fulfilled), trans. denied, 421 N.E.2d 1099 (1981). If Buethe had a statutory duty not to fly a plane with inoperative items, therefore, and if he contends that he was discharged for fulfilling that duty, he allegedly states a claim of wrongful discharge under Indiana state law.
Our disposition of this appeal is somewhat hindered by the record's dearth of information on certain key points. First, Buethe has asserted for the first time in these proceedings that there is diversity between the parties to this lawsuit, see Brief of Appellant at iii, which would confer federal jurisdiction over the state law claim under 28 U.S.C. § 1332(a)(1) (1982). Nothing in the record supports or refutes Buethe's allegation of diversity. Thus, the district court on remand may, in its discretion, permit Buethe to amend his complaint so as to establish that there was in fact diversity between Buethe and Britt Airlines at the time this action was commenced and that the amount in controversy exceeded $10,000. See Seagraves v. Harris, 629 F.2d 385, 390 (5th Cir. 1980) (dismissal for want of jurisdiction generally not favored when alternate basis for jurisdiction exists); Hoefferle Truck Sales v. Divco-Wayne Corp., 523 F.2d 543, 549 (7th Cir. 1975) (court's discretion to dismiss for lack of subject matter jurisdiction should be exercised sparingly when plaintiff could have pleaded the existence of jurisdiction and such jurisdiction in fact exists); 28 U.S.C. § 1653 (1982) (defective allegations of jurisdiction may be amended in trial or appellate courts); Fed. R. Civ. P. 15(a) (party may amend pleading with leave of court). If Buethe is unable to establish diversity, the district court could proceed to consider whether it had jurisdiction over the state law claim under the doctrine of pendent jurisdiction, as explained below. If on the other hand Buethe is able to establish diversity between the parties, then we would have a proper jurisdictional foundation upon which to address the merits of Buethe's state law claim.
Assuming that there was no diversity between the parties to this action, the next step in the search for federal jurisdiction is to see whether there is independent federal question jurisdiction over Buethe's state law claim. The federal courts have federal question jurisdiction only over civil actions "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331 (1982). Although nothing in Buethe's complaint suggests that his state law claim arises under the laws of the United States, we will nonetheless address the issue briefly. It could be argued that there is federal question jurisdiction over Buethe's claim of unlawful discharge because in order to prevail under Indiana law, Buethe may have to prove that he had a federal duty not to fly a plane with inoperative items, which would put the court in a position to decide issues of federal law. The problem with this argument is that a claim does not arise under federal law merely because a state law incorporates federal law by reference. See Louisville & Nashville R.R. Co. v. Western Union Telegraph Co., 237 U.S. 300, 303, 59 L. Ed. 965, 35 S. Ct. 598 (1915) (when foundation of right claimed is state law, suit arises under state law none the less that state law has attached condition that only federal law can fulfill); Nuclear Engineering Co. v. Scott, 660 F.2d 241, 249 (7th Cir. 1981) (state law incorporation of federal law does not allow state law claims to be construed as essentially federal in nature), cert. denied, 455 U.S. 993, 102 S. Ct. 1622, 71 L. Ed. 2d 855 (1982). Here, any reference to federal law in Buethe's state law claim for unlawful discharge is at most indirect; first, any reference to federal law comes not from a state statute but rather from state common law, and second, it is unclear whether the state common law exception to the employment at will doctrine even applies when the source of the duty or right is federal law. In this case, therefore, "the most one can say is that a question of federal law is lurking in the background. . . . A dispute so doubtful and conjectural, so far removed from plain necessity, is unavailing to extinguish the jurisdiction of the states." Gully v. First National Bank, 299 U.S. 109, 117, 81 L. Ed. 70, 57 S. Ct. 96 (1939). Thus, Buethe's claim of wrongful discharge is not one "arising under" the laws of the United States and there is no federal question jurisdiction over the claim.
Since there is no federal question jurisdiction over Buethe's state law claim, the next inquiry is whether the district court properly retained pendent jurisdiction over the state law claim once it dismissed Buethe's federal claim.*fn4 The doctrine of pendent jurisdiction gives a federal court power to hear a claim that has no independent basis for federal jurisdiction if the claim derives from a "common nucleus of operative fact" with a federal claim that is substantively sufficient to confer subject matter jurisdiction on the court. United Mine Workers of America v. Gibbs, 383 U.S. 715, 725, 16 L. Ed. 2d 218, 86 S. Ct. 1130 (1966). The doctrine's justification "lies in considerations of judicial economy, convenience and fairness to litigants," id. at 726, which are furthered by allowing litigants to try all related claims in a single forum. When these three factors are not present, therefore, "federal courts should hesitate to adjudicate the state claims." Smith v. No. 2 Galesburg Crown Finance Corp., 615 F.2d 407, 422 (7th Cir. 1980). As the Supreme Court reasoned in Gibbs,
needless decisions of state law should be avoided both as a matter of comity and to promote justice between the parties, by procuring for them a surerfooted reading of applicable law. Certainly, if the federal claims are dismissed before trial, even though not insubstantial in a jurisdictional sense, the state claims should be dismissed as well.
Gibbs, 383 U.S. at 726 (footnotes omitted); accord Smith, 615 F.2d at 422. Thus, this court has consistently affirmed the district court's exercise of discretion in dismissing pendent state law claims without prejudice when the federal claims are dismissed before trial.*fn5 We have even vacated a district court's judgment on a pendent state law claim when all federal claims were dismissed before trial, with directions to dismiss the state law claim without prejudice. See Bernstein v. Lind-Waldock & Co., 738 F.2d 179, 188 (7th Cir. 1984). Although this court has, on occasion, affirmed the district courts' exercise of discretion in retaining jurisdiction over pendent state law claims after the federal claims were dismissed, the federal claims in those cases were almost uniformly dismissed after trial.*fn6 The disposal of Buethe's federal claim on a motion for summary judgment thus strongly suggests that the district courts should have declined to retain pendent jurisdiction over the state law claim.
Another factor arguing against the retention of this state law claim in the federal courts is the fact that the claim raises issues of first impression in Indiana. For example, a key question in this case is whether the Frampton exception to the employment at will doctrine applies when the source of the right or duty is federal rather than state law. In the absence of any state law precedent or guidance on the issue, federal courts in Indiana have independently reached inconsistent conclusions. Compare Buethe v. Britt Airlines, Inc., 581 F. Supp. 200, 203-04 (S.D. Ind. 1984) (stating that it stretches interpretative license to conclude that source of statutory duty under Frampton exception can derive from either state or federal law) with Perry v. Hartz Mountain Corp., 537 F. Supp. 1387, 1389 (S.D. Ind. 1982) (holding that plaintiff states claim within Frampton exception by alleging wrongful discharge for fulfilling statutory duties under both federal and state antitrust laws).*fn7 Another question important to the resolution of Buethe's claim is whether the Frampton exception would apply if the statute creating the right was designed not for the protection of employees, as was the workmen's compensation statute in Frampton, but rather for the benefit of the general public. This question has similarly never been addressed by the Indiana courts. It is especially inappropriate for a federal court to make "needless decisions of state law" when the court would not be interpreting or following established principles of state law, but rather would be required to decide difficult questions which the state courts have never addressed. See Cenco Inc. v. Seidman & Seidman, 686 F.2d 449, 458 (7th Cir.) (district court has discretion, on remand of pendent state claims after dismissal of federal claims affirmed, to dismiss pendent claim involving "novel and difficult issues of state law"), cert. denied, 459 U.S. 880, 74 L. Ed. 2d 145, 103 S. Ct. 177 (1982); Financial General Bankshares, Inc. v. Metzger, 220 U.S. App. D.C. 219, 680 F.2d 768, 769 (D.C. Cir. 1982) (abuse of discretion for district court to exercise pendent jurisdiction over novel and unsettled questions of District of Columbia law after dismissal of federal claims); Nottelson v. A.O. Smith Corp., 423 F. Supp. 1345, 1348 (E.D. Wis. 1976) (declining to exercise pendent jurisdiction over state law claim in light of ambiguity of state law on the subject).
In a case similar to Buethe's, the Second Circuit agreed that there was no federal jurisdiction over a pendent state law claim once the federal claims were dismissed. See Pavolini v. Bard-Air Corp., 645 F.2d 144 (2d Cir. 1981). The plaintiff in Pavolini was a pilot who alleged that he had been unlawfully discharged for reporting to the FAA Bard-Air's violations of air safety regulations promulgated under the Federal Aviation Act of 1958. He alleged that his discharge violated the Federal Aviation Act of 1958, the Occupational Safety and Health Act of 1970, the First and Fourteenth Amendments, and state law. The district court dismissed Pavolini's complaint, finding that there was no implied cause of action for unlawful discharge under the Federal Aviation Act, that there was no state action, and that the court thus did not have pendent jurisdiction over any state law claims. See Pavolini, 645 F.2d at 146. The Second Circuit affirmed the district court's judgment, concluding that
there is no proper basis for federal jurisdiction here. Since federal courts are courts of limited jurisdiction, Pavolini's remedy, if any, lies in the state courts, which have traditionally exercised jurisdiction over controversies between employers and employees and where Pavolini still has an action pending.
Id. at 148 (footnotes omitted). The reasoning of the Second Circuit is equally applicable here. Buethe will be free to pursue his claim of unlawful discharge in the state courts, where he originally brought his suit, if the claim is dismissed without prejudice by the district court on remand.*fn8
The district court on remand should first determine whether there is federal diversity jurisdiction in this case. If not, the court should decide whether the Indiana state courts would be the more appropriate forum for the resolution of Buethe's state law claim in light of the fact that the federal claim was dismissed on a motion for summary judgment and that the claim of unlawful discharge raises novel and unsettled questions of Indiana law. Accordingly, we reverse the district court's grant of summary judgment on Buethe's state law claim and remand to the district court for consideration of the jurisdictional issues as directed in this opinion.
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|This is a discussion on Bluffing or Not within the online poker forums, in the Poker Rooms section; :hmmmm2: :stupid: Hi All,maybe someone can help or make some suggestions to my promblem. I've tried using on line notes how to know if their
Bluffing or Not
Hi All,maybe someone can help or make some suggestions to my promblem. I've tried using on line notes how to know if their bluffing or not;still having problems. I play tight and go in with good cards or pairs and the next thing I know it's a large bid or all-in,I usually fold and have even have them show after with a 2 & 9 things like that. They don't take cards seriously. Thanks to all. Good luck and Good Cards To All.
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Bluffing with a 2 9 can be done. Good players do it. Bad players either get lucky or get spanked for playing it. But, if it was suited you can usually count on them thinking it was a callable hand. And a raising hand if the had for to a flush.
I'm not sure that all the notes in the world are going to help you know when someone is bluffing at an online poker table. I personally try to concentrate on MY cards. Do I think I have the best hand, based upon the progression of the hand and the betting patterns to that point? If I think I do, it doesn't matter to me if they're bluffing or not. If I DON'T think I have the best hand, I will fold 90% of the time, bluff or no bluff. I'm just not going to look someone up if I think I'm beat, on the hunch they may be bluffing me. I believe the percentages encourage that style of play over the long haul, even if I allow some thievery now and then. But God help 'em if they try to run me down, 'cause sooner or later they'll go to the well once too often and I'll bust their chops!
Thanks all. I've been going mainly on how I feel about my cards. I'll stay pre- flop if I have AA,or A-10,high pairs,and some suited ones. I know they can't bluff me out all the time and been brunt several times with kicker. After flop if I have good pair with nice kicker I'll stay and if I got a chance with a flush early in game. Hope I get to play with you all some time soon. You've all been a big "Help" Good Luck and Good Cards".
I'll have to agree with rammerjammer, its best to play your hand in the long run it works out. In rare cases you will come up against players that are so easy to read their bluffs that you laughing when you call and when they say "why did you call that...you only had a pair of 4's", just reply "you just sooo easy to read...dumbass".
If you are talking online,,,Just play the numbers. Online Poker is a game of Math...The only real read you can get on someone is pay attention to the hands they are playing and betting patterns....There is a Myth that length of time to bet is a online Tell...It's isn't realy...To many factors such as lag time, could be answering the phone or playing in multiple games at the same time....The Myth that if it is a quik check they are weak,,,well Pros are taking advantage of this by using the quik check box when strong...than coming back over the top. Players that tend to Bluff a lot end up losing in the long run. Play the numbers ad don't worry about it. Make sure you are raising preflop 3.5 to 4 times the BB. If they are still playing trash, you will profit in the long run.
In Live games you need to watch their hands, body language and facial expressions.
If you do get a Tell on someone and catch them bluffing. Never ever say anthing aout them being easy to read. That is the stupidest thing I have heard. If you do, they will change up on you and your tell is gone. Why in the world would anyone want to give that advantage up? Plus it is poor sportsmanship to talk trash.
Well, you do get that alot in online tourneys, some fool going in with some stupid hand hoping to get lucky when you hold a strong hand. If it is at the beginning of a tourney I often fold. No use in getting caught up in someone getting lucky on the river. Later on it's a different story, ask yourself, has he done that a lot, what hands did he do that with, and where does he sit? There are quite a few players out there trying to steal the pot with this method. But they only need to do it at the wrong time once.
re: Poker & Bluffing or Not
Hi - I honestly can't believe it when people say then don't even play their cards unless they have AA/AK/A10 or pp's. When 9 out of 10 people are in the pot (and that one person out of the pot is me), they all don't have those great hands. I hear so many people say "I never go in a pot with anything lower than AA/AK/AJ/AQ/etc." If that were true, there might be two players in the pot. I sit there many times, the only person who folded (say K6) or whatever and the rest of the players are playing J/2 and other garbage hands. I know they win but lets be honest - if you play marginal hands admit it.
P.S. I told one guy who bet 1000 every first round betting. I wrote "predictable"... he just kept doing it. LOL Never changed a thing.
I never say "never", if I can help it, 'cause there's always more exceptions than rules in poker. But I can tell you straight-faced that I very rarely play anything smaller than AA, KK, QQ, or AKs in the first hour of a multi-table tournament. If I'm in very late position, and can limp in for the blind, I might play JJ, AQ, AJ, or smaller, including the pairs 10 and under. But that's just my approach, for what it's worth.
And, let's not forget. Bluffing is an integral part of No Limit Hold 'Em. It is a key component of the game that every player should learn to use to his/her advantage. Bluffing in and of itself is not a sign of weak or bad play. The greatest players in the world routinely run bluffs on their opponents when the situation calls for it. In fact, if you never bluff, it's a significant weakness in your own game.
Notes can only help you that much, that too with good players. I find that my notes dont help much with poor players, cause they are too unpredictable. It usually depends on the pot size, the number of cash u have, your position on the table, and most importantly the type of player when deciding whether a hand is worth calling. It doesnt take much to spot a loose player or moron or a person on tilt. Right off the start if someone monster raises or all ins you, fold, unless u have pp kings or aces. Take your time to read your opponents and see what type of hands they play. Find out who are the looser players (they are bound to get caught in a bluff). That will make your decision easier next time someone calls a bluff. Good players make good bluffs, if you think someone is very tight player it is usually better to fold (give them the benefit of the doubt) unless you have a monster hand. If you are a good and tight player, the better players will usually give you a wide berth (raise wise) unless they have a good hand.
I will offer this small tidbit to encourage timid bluffers to try it more often. Productive bluffing is 80% position and 20% timing. If you're "out of position", it's usually not a good idea to bluff. That's why making a bet from the button after the flop when everyone has checked is such a strong play. It doesn't matter if you've picked up anything on the flop or not. Everyone else is basically telling you they didn't by checking. So, when you throw a decent bet out there (not just the minimum), you'll pick up that pot a lot of the time. And all those small pots you steal along the way add up to a big pot you can play for free later.
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"Gawunk, Gawunk" Top 5 Page for this destination Algonquin Provincial Park Things to Do Tip by sim1
Algonquin Provincial Park Things to Do: 145 reviews and 178 photos
Gawunk, Gawunk... the sound of the moose. This one was too busy eating to make any sound, but I could hear it lots of times in the distance while watching the sunset on Pog Lake. Every time that brought a smile on my face, gawunk, gawunk, I can hear you moose! And I would think back at this moment watching the moose in all peace and quiet.
Moose are abundant in Algonquin and you have a very good chance of spotting one. Highway 60 is the easiest way, but I think along a trail like this or during a canoe trip is the most beautiful way to spot moose.
You've got a good chance of spotting the moose here at West Rose Lake on The Mizzie Lake trail in June or July, when the moose spend a great deal of time in shallow ponds and lakes.
Directions: Mizzie Lake Trail at 15.4 kilometers from the West Gate of Algonquin Park.
Website: http://www.ontarioparks.com/english/algo.html
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United States District Court, N.D. Illinois, Eastern Division
July 25, 2014
JANICE K. NEIMAN, and KENNETH M. NEIMAN, Plaintiffs,v.CHASE BANK, USA, N.A., Defendant.
JAMES F. HOLDERMAN, District Judge.
On December 16, 2013, Janice K. Neiman and Kenneth M. Neiman (collectively, "Plaintiffs") filed a three-count complaint ("Complaint" or "Compl.") against Chase Bank, USA, N.A. ("Chase") purporting to allege violations by Chase of the Fair Credit Billing Act, 15 U.S.C. § 1666 et seq. (Count I, "FCBA") and the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (Counts II and III, "FCRA"). (Dkt. No. 1.)
Before the court is Chase's "Motion to Dismiss Plaintiffs' Complaint" (Dkt. No. 9, "Motion to Dismiss"), accompanied by a supporting memorandum (Dkt. No. 11, "Def's Mem."). Chase seeks dismissal under Rule 12(b)(6) and argues that Count I must be dismissed as being time-barred, or alternatively, for failing to allege billing errors under the FCBA. (Def's Mem. at 5-13.) Chase, additionally, asserts that Counts II and III must be dismissed, because Plaintiffs failed to allege that any credit reporting agency notified Chase of the alleged billing errors, as required under the FCRA. ( Id. at 13-14.)
For the reasons set forth below, Chase's Motion to Dismiss is granted in part and denied in part as follows: Count I's allegations concerning the failure to acknowledge, to investigate, and to provide an explanation and documentary evidence for the alleged $12, 000 charge billing error are time-barred and dismissed with prejudice; Count I's allegations concerning Chase's failure to send monthly statements are also dismissed but without prejudice; Count I's contentions concerning Chase's attempts to collect and close the account containing this billing error may remain pending; finally, Counts II and III are dismissed without prejudice as explained below.
Plaintiffs "entered into a revolving credit card agreement for personal and/or familial purposes" with Chase on May 1, 2003. (Compl. ¶ 6, Ex. A.) On July 19, 2012, Plaintiffs incurred a $12, 000 charge from a private doctor's office in Fort Myers, Florida known as "Florida Incisionless" ("the Merchant"), which was reflected on Plaintiffs' monthly statement ending on August 10, 2012. ( Id. ¶ 11, Ex. B.) Although the Complaint alleges that Plaintiffs' "charge plate was never presented" to the Merchant ( Id. ¶ 14), the Complaint does not allege that Plaintiffs did not purchase services from the Merchant. The Complaint, instead, asserts that Plaintiffs notified the Merchant on August 15, 2012 and Chase on August 20, 2012 that the $12, 000 charge was a billing error. ( Id. ¶¶ 12, 15, 17.)
The Complaint alleges the following. Chase failed to acknowledge receiving Plaintiffs' notice ( id. ¶ 13), but later said it would investigate the charge and any payment by Plaintiffs would be considered without prejudice to Plaintiffs' rights ( id. ¶ 16). Chase additionally agreed that any payment by Plaintiffs in the meantime "would trigger a credit balance by the amount of the disputed payment." ( Id. ) Plaintiffs, relying on this agreement, paid $14, 765.16 to their account on August 30, 2012. ( Id. ¶ 18.)
On September 20, 2012, Plaintiffs, again, notified Chase of the same billing error on the monthly statement ending on September 10, 2012. ( Id. ¶ 21, Ex. C.) Despite Plaintiffs' $14, 765.16 payment, this September statement showed a due balance of $4.72, instead of a credit balance of $12, 000. ( Id. ) Chase, again, failed to acknowledge its receipt of this written notice and failed to provide copies of documentary evidence of the disputed charge. ( Id. ¶ 22.) Plaintiffs did not receive any monthly statements for the next two billing cycle periods, September 11, 2012 to October 10, 2012 and October 11, 2012 to November 10, 2012. ( Id. ¶ 23.)
On January 15, 2013, Plaintiffs notified Chase that the same billing error appeared on their monthly statement ending on December 10, 2012. ( Id. ¶¶ 28-29.) This December statement showed that Chase refunded the entire $14, 765.16 amount Plaintiffs previously paid on August 30, 2012 for the $12, 000 charge and debited $740.00 from Plaintiffs' bank account. ( Id. ¶¶ 30-34, Ex. D.) Chase continued to fail to investigate the underlying billing error and failed to provide the requested documentary evidence. ( Id. ¶¶ 35-39.) Chase, without notice to Plaintiffs, closed Plaintiffs' account containing the above billing errors after Chase collected the $740.00 and applied this amount toward the $12, 000 charge. ( Id. ¶¶ 40-41.)
Chase also provided incorrect credit information about Plaintiffs to credit reporting agencies which damaged and continues to damage Plaintiffs' credit ratings. ( Id. ¶¶ 49-50, 63-64.)
In ruling on a Rule 12(b)(6) motion, the court "construe[s] the... [c]omplaint in the light most favorable to Plaintiff, accepting as true all well-pleaded facts and drawing all possible inferences in his favor." Cole v. Milwaukee Area Tech. Coll. Dist., 634 F.3d 901, 903 (7th Cir. 2011). Furthermore, "a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers[.]'" Titus v. Ill. Dep't of Transp., 828 F.Supp.2d 957, 966 (N.D. Ill. 2011) (Castillo, J.) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). However, even under this liberal standard, "a pro se complainant can plead himself out of court by pleading facts that undermine the allegations set forth in his complaint." Henderson v. Sheahan, 196 F.3d 839, 846 (7th Cir. 1999) (citing Gutierrez v. Peters, 111 F.3d 1364, 1374 (7th Cir. 1997)).
Under the Fed. R. of Civ. P. 8(a)(2), a complaint need contain only "a short and plain statement of the claim showing that the pleader is entitled to relief." The complaint must "give the defendant fair notice of what the... claim is and the grounds upon which it rests[.]" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Although "detailed factual allegations" are not required, "labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555. The complaint must "include sufficient facts to state a claim for relief that is plausible on its face.'" Cole, 634 F.3d at 903 (quoting Justice v. Town of Cicero, 577 F.3d 768, 771 (7th Cir. 2009)). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
I. Count I: Alleged Violations of FCBA, 15 U.S.C. § 1666
A. Section 1666 Claims
Section 1666 is a subsection of the Truth in Lending Act ("TILA") and "specifies the procedures and obligations of both the creditor and the obligor with regards to billing errors on credit card statements[.]" In re Thomas, 382 B.R. 449, 453 (N.D. Ill. 2007).
Section 1666(a) sets out the statutory duties and timeframe for dealing with a billing error as defined by § 1666(b). In order to trigger the creditor's statutory duties under § 1666(a), the obligor must send the creditor "a written notice" of the alleged billing error. 12 C.F.R. § 226.13(b)(1); see also § 1666(a)-(b). If the obligor fails to send the written notice within 60 days of the creditor's transmission of a statement with the error, the creditor's duties under § 1666(a) are not triggered. Hill v. Chase Bank USA, N.A., No. 07-CV-82, 2010 WL 107192, at *6 (N.D. Ind. Jan. 6, 2010) ("Without a valid and timely notice of billing error, there's no duty to comply with § 1666(a)(A) and (B), and no violation of those sections.").
If the obligor sends the written notice within the requisite 60-day timeframe, § 1666(a) "imposes two separate obligations upon the creditor." Am. Express Co. v. Koerner, 452 U.S. 233, 236-37 (1981); see also § 1666(a). First, "[w]ithin 30 days" after receipt of the written notice, the creditor must "send a written acknowledgment that it has received the notice." Id. Second, "within 90 days or two complete billing cycles, whichever is shorter" after receipt of the written notice, "the creditor must investigate the matter and either make appropriate corrections in the obligor's account or send a written explanation of its belief that the original statement sent to the obligor was correct." Id.
Sections 1666(c) and 1666(d) impose additional restrictions on a creditor's ability to collect the alleged billing error and close the account containing the alleged billing error while the error is still in dispute. §§ 1666(c)-(d); see also Gray v. Am. Exp. Co., 743 F.2d 10, 14 (D.C. Cir. 1984) (stating that pursuant to § 1666(c), the cardholder "need not pay the amount in dispute until the card issuer has complied with § 1666, " and that pursuant to § 1666(d), the card issuer "may not restrict or close an account due to a [cardholder's] failure to pay a disputed amount until the [card issuer] has sent the written explanation required by [§ 1666(a)]").
Plaintiffs' Complaint alleges three categories of violations: (1) alleged violations of § 1666(a) concerning the $12, 000 charge billing error, (Compl. ¶¶ 5-22, 24-39); (2) alleged violations of § 1666(a) concerning the failure to send monthly statements, ( id. ¶ 23); and (3) alleged violations of §§ 1666(c) and 1666(d) for collecting from and closing the account impacted by the $12, 000 billing error, ( id. ¶¶ 40-41).
B. The $12, 000 Charge Billing Error
1. Statute of Limitations
Section 1666 has a one-year statute of limitations. 15 U.S.C. § 1640(e); Durham v. Loan Store, Inc., No. 04 C 6627, 2006 WL 3422183, at *4 (N.D. Ill. Nov. 27, 2006) (Coar, J.) ("[A]ll TILA actions, unless otherwise noted, must be brought within one year from the date the violation occurred."). The one-year statute of limitations begins to run "when the creditor fails to satisfy its compliance duties within the requisite time frame." Hill, 2010 WL 107192, at *7 (citations omitted).
Here, Plaintiffs allege that they first notified Chase of the $12, 000 charge billing error on August 20, 2012. (Compl. ¶ 17.) Chase then had 30 days to acknowledge the notice, and two billing cycles of 30 days each or 90 days, whichever is shorter, to investigate the alleged billing error. Am. Express Co., 452 U.S. at 236-37; see also § 1666(a). Chase's procedural violations would have, consequently, occurred at the latest in 90 days from the August 20, 2012 notice, or November 18, 2012. Plaintiffs had up to November 19, 2013 to file their FCBA claims. They, instead, waited until December 16, 2013 to file their Complaint. Therefore, Plaintiffs' §1666(a) claims concerning the alleged $12, 000 billing error are time-barred.
Plaintiffs argue that their subsequent notifications of alleged billing errors on September 20, 2012 and January 15, 2013 "arising" from the first notification of alleged billing error "give rise to separate time limits." (Dkt. No. 13, "Pls' Resp.", at 3.) Although this court is unaware of any case in this district or the Seventh Circuit that addresses this issue, this court finds Plaintiffs' argument unpersuasive in light of case law from other district and circuit courts, that has held § 1666(a)'s statutory timeframe begins to run "after the creditor [has] transmitted the first periodic statement that reflects the alleged billing error." See, e.g., Dawkins v. Sears Roebuck and Co., 109 F.3d 241, 243 (5th Cir. 1997) (citing 12 C.F.R. § 226.13(b)(1)) (emphasis in original); Burnstein v. Saks Fifth Ave. & Co., 208 F.Supp.2d 765, 776 (E.D. Mich. 2002) (stating that there "could not have been... any continuing' violation by [the defendant] of § 1666(a)'s 30-day and 90-day requirements" as "[the defendant's] procedural violations were complete as of the dates that these deadlines passed"); Steimel v. Trans Union Corp., No. 86-6091, 1988 WL 46247, at *3 (E.D. Pa. May 10, 1988) (substantially similar).
This court agrees with these district courts and circuit courts in holding that the § 1666(a) procedural timeframe begins to run after the creditor has transmitted the first periodic statement that reflects the alleged billing error. Therefore, Plaintiffs' subsequent notifications of alleged billing errors arising from the first notification of alleged billing errors do not reset the applicable statute of limitations.
2. Tolling Doctrines
The fact these claims are time-barred does not end the court's analysis because the statute of limitations for TILA claims is subject to various tolling doctrines. Plaintiffs explicitly raise the discovery rule in their response (Pls' Resp. at 9) and implicitly assert equitable estoppel in their Complaint (Compl. ¶ 18). The third tolling doctrine is equitable tolling. However, none of these tolling doctrines factually apply to this case.
First, the discovery rule "postpones the beginning of the limitations period from the date when the plaintiff is wronged to the date when [the plaintiff] discovers he [or she] has been injured[.]" Baker v. Wells Fargo Bank, No. 11-5420, 2012 WL 1886444, at *4 (N.D. Ill. May 23, 2012) (Der-Yeghiayan, J.) (quoting Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450 (7th Cir. 1990)). The discovery rule "is read into statutes of limitations in federal-question cases... in the absence of a contrary directive from Congress." Id. Tolling under the discovery rule is not applicable here because Plaintiffs discovered their alleged injury on August 16, 2012 when they received the first monthly statement reflecting the alleged billing error. (Compl. ¶ 12.)
Second, equitable estoppel "applie[s] when a plaintiff can show that a defendant took active steps to prevent him from suing in time, ' and that the plaintiff actual[ly] and reasonab[ly] [relied] on the defendant's conduct or misrepresentations.'" Baker, 2012 WL 1886444, at *3 (quoting Smith v. Potter, 445 F.3d 1000, 1010 (7th Cir. 2006)). Equitable estoppel "presupposes that the plaintiff has discovered... that the defendant injured him, and denotes efforts by the defendant - above and beyond the wrongdoing upon which the plaintiff's claim is founded - to prevent the plaintiff from suing in time." Baker, 2012 WL 1886444, at *3 (quoting Cada, 920 F.2d at 451) (emphasis in original). Equitable estoppel tolling is also not applicable here because Plaintiffs failed to allege facts suggesting Chase took active steps, beyond the wrongdoing underlying the FCBA claim, to prevent Plaintiffs from suing in time.
Third, equitable tolling "applie[s] when despite all due diligence, ' a plaintiff is unable to obtain vital information bearing on the existence of his claim.'" Baker, 2012 WL 1886444, at *3 (quoting Chapple v. Nat'l Starch and Chem. Co. & Oil, 178 F.3d 501, 505-06 (7th Cir. 1999)). Equitable tolling "is granted sparingly' only when extraordinary circumstances far beyond litigant's control... prevented timely filing.'" Wilson v. Battles, 302 F.3d 745, 749 (7th Cir. 2002) (quoting U.S. v. Marcello, 212 F.3d 105, 1010 (7th Cir. 2000)). Equitable tolling is also not applicable here because Plaintiffs' Complaint failed to allege facts demonstrating extraordinary circumstances, far beyond Plaintiffs' control, that prevented the timely filing of Plaintiffs' FCBA claim.
C. Alleged Failure to Send Monthly Statements
Plaintiffs' Complaint also failed to state a claim that Chase violated § 1666(a) for failure to send two billing statements, and as a result, this court dismisses these claims without prejudice to allow Plaintiffs the opportunity to file an amended complaint if appropriate under Rule 11 of the Federal Rules of Civil Procedure. Even assuming that the pending Complaint alleges valid billing errors, the Complaint did not allege that Plaintiffs notified Chase within 60 days after the ending date of the second monthly statement of these alleged billing errors. (Compl. ¶ 23.) Without Plaintiffs' notification, Chase's duties under § 1666(a) were not triggered. Hill, 2010 WL 107192, at *6 ("Without a valid and timely notice of billing error, there's no duty to comply with § 1666(a)(A) and (B), and no violation of those sections.").
D. Alleged Collection from and Closing Plaintiffs' Account
The court finds that Plaintiffs' §§ 1666(c) and 1666(d) claims are not time-barred. The one-year statute of limitations for Plaintiffs' §§ 1666(c) and 1666(d) claims began to run when Plaintiffs first learned of these violations. See Dawkins, 109 F.3d at 243 (stating that "[t]he statute of limitations on [the plaintiff's] Truth-in-Lending Act claims began to run... when [the plaintiff] first learned of [the defendant's] actions"). Here, Plaintiffs' Complaint alleges that Chase debited $740.00 from their bank account on November 20, 2012. (Compl. ¶ 25, Ex. D.) Plaintiffs, however, did not learn of Chase's collection until December 16, 2012, when they received the December 2012 monthly statement that reflected the $740.00 debit for the first time. ( Id. ¶ 28; Pls' Resp. at 7.) Because Plaintiffs filed their Complaint on December 16, 2013, within the one-year statute of limitations, Plaintiffs' § 1666(c) claim is not time-barred. Similarly, Plaintiffs' Complaint's § 1666(d) claim is not time-barred because Plaintiffs did not learn of the closing of their account until Chase closed their account in January 2013. (Pls' Resp. at 6.) Plaintiffs, therefore, filed their Complaint well within the one-year statute of limitations for their § 1666(d) claim.
Chase argues that Plaintiffs' §§ 1666(c) and 1666(d) claims should be time-barred because they are predicated on the § 1666(a) claims, which are time-barred as previously explained. (Def's Mem. at 9-10.) However, the FCBA, as part of TILA, "is a remedial legislation designed to prevent predatory creditor practices." Langenfeld v. Chase Bank USA, N.A., 537 F.Supp.2d 1181, 1191 (N.D. Okla. 2008) (citations omitted). It must be "construed liberally in favor of the consumer" to avoid harsh results for the consumer. Id. at 1197, 1201 n.21 (citation omitted).
Keeping these principles in mind, this court rejects Chase's argument that the Complaint's §§ 1666(c) and 1666(d) claims should be collapsed into a § 1666(a) violation, for purposes of statute of limitations calculation. Were this court to adopt Chase's position, creditors when put on notice of a disputed charge could ignore the notice, wait until the one year statute of limitations had run, and then attempt to collect disputed charges and close accounts containing disputed charges, while avoiding liability for these subsequent §§ 1666(c) and 1666(d) violations. Such a harsh result for consumers cannot be what Congress intended the FCBA to achieve when it was enacted.
Chase's alternative arguments for dismissing Plaintiffs' §§ 1666(c) and 1666(d) claims (Def's Mem. at 11-13; Def's Reply at 4) are equally unpersuasive. Chase argues that its collection of $740.00 to apply to the disputed $12, 000 charge was not a billing error under the FCBA. (Def's Mem. at 11; Def's Reply at 4.) However, pro se plaintiffs are afforded liberal pleading standards at the motion to dismiss stage. Titus, 828 F.Supp.2d at 966. As long as the initial $12, 000 charge reflected on the August 2012 monthly statement could be considered a billing error, then Plaintiffs' Complaint states a claim against Chase for collecting $740.00 against this alleged billing error.
Chase, additionally, argues that the closing of Plaintiffs' account containing the $12, 000 charge billing error does not give rise to a § 1666(d) claim because Plaintiffs' account was closed not solely as a result of Plaintiffs' failure to pay the disputed $12, 000, but also because of their failure to pay undisputed preexisting balance. (Def's Reply at 4.) This is a factual question that cannot be addressed at the motion to dismiss stage. Gray, 743 F.2d at 16 (stating that if the defendant "seeks to avail itself" on the ground that "its cancellation was proper because it was for reasons other than those prohibited by [§ 1666(d)], " then the defendant has to establish those facts through "substantial evidentiary proceedings").
2. Counts II and III: Alleged Violations of 15 U.S.C. § 1681s-2
A. Alleged Violations of 15 U.S.C. § 1681s-2(a)
Section 1681s-2(a) "imposes various duties on entities to provide accurate information to [credit reporting agencies] in the initial furnishing, and imposes duties of reasonable investigation after notice of a dispute directly from the consumer[.]" Rollins v. Peoples Gas Light & Coke Co., 379 F.Supp.2d 964, 966-67 (N.D. Ill. 2005) (Gettleman, J.). However, as Chase correctly points out (Def's Mem. at 13-14), and as Plaintiffs conceded (Pls' Resp. at 13), there is no private right of action under § 1681s-2(a). 15 U.S.C. § 1681s-2(c) (stating that §§ 1681n and 1681o, the FCRA's civil liability provisions, are inapplicable to violations of §1681s-2(a)); id. § 1681s-2(d) (stating that § 1681s-2(a) "shall be enforced exclusively... by the Federal agencies and officials and the State officials identified in section 1681s of this title"); Purcell v. Bank of Am., 659 F.3d 622, 623 (7th Cir. 2011) ("[A]lthough [the plaintiff's] claim arises under § 1681s-2(a), that section does not create a private right of action.") (citation omitted).
B. Alleged Violations of 15 U.S.C. § 1681s-2(b)
Plaintiffs then contend that they made a typographical error by alleging violations of § 1681s-2(a), when they actually meant to allege violations of § 1681s-2(b). (Pls' Resp. at 13.) Section 1681s-2(b) imposes various duties on entities "to reinvestigate the credit information" after "notice from a credit reporting agency that the information [they have] provided is in dispute[.]" Dornhecker v. Ameritech Corp., 99 F.Supp.2d 918, 922 (N.D. Ill. 2000) (Pallmeyer, J.). Unlike § 1681s-2(a), § 1681s-2(b) does provide Plaintiffs a private right of action against Chase. Dornhecker, 99 F.Supp.2d at 927 ("[I]ndividual consumers may bring a cause of action against furnishers [of information] for failing to comply with Subsection (b).").
Chase argues, however, that even under § 1681s-2(b), Plaintiffs still fail to state a claim because they do not allege that Chase ever received the requisite notice from credit reporting agencies to trigger Chase's duties under § 1681s-2(b). (Def's Mem. at 14 n.7.) Plaintiffs respond by arguing that (1) the Complaint contains allegations that they demanded credit reporting agencies delete all allegedly incorrect information Chase provided, and that (2) these allegations are sufficient to state a claim. (Pls' Resp. at 13; Compl. ¶ 51.)
This court considered the pleading standard for § 1681s-2(b) claims in Jones v. U.S. Bank Nat'l Ass'n, No. 10-0008, 2011 WL 663087 (N.D. Ill. Feb. 14, 2011). In Jones, the defendant also argued that the plaintiff "failed to state a claim for which relief can be granted under 15 U.S.C. § 1681s-2(b), insofar as [the plaintiff] has not alleged that... any credit reporting agency notified [the defendant] about any challenge[.]'" Jones, 2011 WL 663087, at *3. Although the plaintiff in Jones conceded this point by failing to respond to the argument, this court granted the defendant's motion to dismiss the FCRA claim. Id. (citing Rollins, 379 F.Supp.2d at 967 ("The duties § 1681s-2(b) imposes on furnishers of information arise only after the furnisher is notified pursuant to § 1681i(a)(2) by a consumer credit reporting agency that a consumer challenges information."); see also Densmore v. Gen. Motors Acceptance Corp., No. 03-1866, 2003 WL 22220177, at *2 (N.D. Ill. Sept. 25, 2003) (Manning, J.) (stating that plaintiffs have to "conduct[] a concrete investigation into whether [defendants'] duties under the FCRA were ever triggered" before "drag[ging] [defendants] into court")).
The majority of other judges in this district who have addressed this issue have required plaintiffs to allege that defendants received the requisite notice from credit reporting agencies in order to survive the motion to dismiss stage. Dornhecker, 99 F.Supp.2d at 928-29 (granting motion to dismiss without prejudice because the plaintiff did not allege that the defendant "received notice from a consumer reporting agency that the credit information is disputed" (emphasis in original)); Rideaux v. Travelers Ins. Co., No. 12-2592, 2013 WL 3354462, at *5 (N.D. Ill. July 1, 2013) (Gettleman, J.) (substantially similar); Pichugin v. Experian Info. Solutions, Inc., No. 11-04375, 2012 WL 527529, at *3 (N.D. Ill. 2012 Fed. 15, 2012) (Coleman, J.) (substantially similar); Gulley v. Pierce & Assocs., No. 10-573, 2010 WL 5060257, at *4 (N.D. Ill.Dec. 6, 2010) (Kennelly, J.) (substantially similar); Moline v. Trans Union LLC, No. 03-1376, 2003 WL 21878728, at *1 (N.D. Ill. Aug. 7, 2003) (Plunkett, J.) (substantially similar).
This court is aware of the non-precedential Seventh Circuit opinion Lang v. TCF Nat'l Bank, 249 F.Appx. 464 (7th Cir. 2007), in which the Seventh Circuit reversed another district court's dismissal of the plaintiff's § 1681s-2(b) claim, holding that plaintiff was not required to allege that the credit reporting agency notified the defendant of the dispute. Id. at 466-67. The Seventh Circuit offered two reasons for its ruling. First, even after Twombly, complaints in federal courts need only satisfy a notice pleading standard. Id. at 466. Second, the plaintiff may not be in a practical position to allege that the credit reporting agency notified the defendant at the time of filing the complaint. Id. at 467.
In light of more recent case law, however, this court does not find either reason presentd in Lang persuasive. First, in accordance with the Supreme Court's opinions in Twombly and Iqbal, complaints in federal courts must "include sufficient facts to state a claim for relief that is plausible on its face.'" Cole, 634 F.3d at 903 (quoting Justice, 577 F.3d at 771). Without an allegation that credit reporting agencies notified Chase, Plaintiffs have not alleged sufficient facts to state that Chase's statutory duties under § 1681s-2(b) have been triggered. Dornhecker, 99 F.Supp.2d at 929 ("Section § 1681s-2(b) triggers a furnisher's duty to investigate allegedly erroneous information when that furnisher has received notice from a consumer reporting agency that the credit information is disputed." (emphasis in original)). Second, Plaintiffs could easily ascertain without discovery whether Chase received the requisite notice from credit reporting agencies. Densmore, 2003 WL 22220177, at *2 ("[T]he FCRA expressly provides that a consumer is entitled to receive a description of the procedure used to determine the accuracy and completeness of the information... including the business name and address of any furnisher of information contacted in connection with such information.'" (quoting 15 U.S.C. § 1681i(a)(6)(A))). Recent district court decisions requiring an allegation of the requisite notice are correct that this "key information" is "easily verif[iable]." Id .; see also Rideaux, 2013 WL 3354462, at *5; Pichugin, 2012 WL 527529, at *3; Gulley, 2010 WL 5060257, at *4.
For the reasons set forth above, Chase's "Motion to Dismiss Plaintiffs' Complaint" (Dkt. No. 9) is granted in part and denied in part. Plaintiffs' § 1666(a) claims in Count I for the alleged $12, 000 charge billing error, are dismissed with prejudice, because they are time-barred. Plaintiffs' § 1666(a) claims in Count I for Chase's alleged failure to send monthly statements are dismissed without prejudice, because Plaintiffs failed to allege that they provided Chase with timely notice of these alleged billing errors. Plaintiffs' §§ 1666(c) and 1666(d) claims for Chase's collecting on the billing error and closing Plaintiffs' account remain viable, because those claims are separate violations, not collapsed into the § 1666(a) violation for statute of limitations purposes, and consequently not time-barred. Counts II and III are dismissed without prejudice, because Plaintiffs failed to allege that any credit reporting agency notified Chase of the alleged billing errors.
Plaintiffs are given leave to file a First Amended Complaint containing all the allegations Plaintiffs desire to present consistent with this order, the statute of limitations, and Rule 11 by August 25, 2014. The parties are encouraged to discuss settlement. The case is set for report on status at 9:00 a.m. on September 2, 2014.
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财神: All over the world there are so many superstitions . so different superstitions make the world more interesting.
voice_cd: Thank you Sean, we have highlighted it on the homepage.
teamkrejados: 'Walking under a ladder' came about in England, a few centuries ago when people drank more ale at lunch than ate food. Drunken sign painters were like ...
Maierwei: About seeing at night, I think people had many problems because of malnourishment during that period of time, and nightblindness must've been one of t ...
desperado123: very funny topic and we have lot of superstitional sayings here in China.
seanboyce88: I dont disagree carrots may help you see better, I think it's more that mothers tell you this like, if you eat carrots you can walk in zero light and ...
Maierwei: Haha I see, too bad that we live in a world where noone ate enough carrots! :)
seanboyce88: Heehee, I still detest carrots...
It's ok, I have green eyes, I read somewhere we naturally see better in the dark ;)
Maierwei: I loved carrots as a kid and always snacked on them. But now I can't see who's right in front of me if I take off my glasses.... Hehe.
Oh wait, so it ...
LanaLiao: "if something bad happens to you, then something good must happen in order to balance out the karma." seems people are quite optimistic, a good way ...
I agree that traditions need to be challenged and not accepted, as has been stated a lot of "traditions" were just cleverly disguised excuses to cover up oppression and corruption in every part of the world.
However my opinion is that, there is a time, place and method. Traditions and culture should be changed from within by people born to that culture. As travelers while respecting the culture of our host country we should display our culture and beliefs with out trampling on those of the citizens of the country we travel to. If our behavior is good over time people will incorporate them in to their own.
AndrewCraven: Nationalists always fear to face the flaws of their country, especially in front of a foreigner, Plus Chinese consider much value on face, you can't b ...
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Old Fart Gift Pack
The prefect gift for Dads, Grandads and Great Grandads - the Old Fart Gift Pack!
Features two Old Fart beers and an Old Fart multi-tool - fantastic for fixing that broken fuse when the lights have gone!
Country: England
Brewery: Merrimans
Style: Premium Bitter/ESB
Format: 500ml Bottle
Old Fart is an English Ale brewed by Merrimans / Old Fart Ltd in West Yorkshire, England. Rich and complex, made only from the finest Malt and Hops it was conceived in celebration of all the cantankerous old boozers who make life a misery.


text:
Citi Double Cash card discussion
Score 0
Thread Details
- No Annual Fee
- 1% cash back on purchases
- additional 1% cash back upon re-payment
- (total of 2% cash back)
- No Cap on the cash back
There is no VISA/MC/AMEX logo on the promotional material, I don't know exactly what that means for merchant acceptance. I'd like more info on this.
Signup promotions: I heard that there is a mailer that offers $200 cash back bonus upon spending $1000. The website doesn't offer any signup bonus, though.
The cash back can expire after 12 months if the card is un-used.
6 Comments
Sign up for a Slickdeals account to remove this ad.
A benefit that I didn't know I'd be getting is Virtual Account Numbers [citi.com].
Here are all the benefits of the card
Here are all the benefits of the card
Not all of the benefits are on that page. For example, the fact that this card offers Virtual Account Numbers is not mentioned. To see the rest of the benefits, you must View All Cards [citi.com], then add the card to compare, then click Compare Cards


text:
As many families plan to head towards the sun for a well deserved break this summer, it's worth remembering that using your credit card abroad can work out extremely expensive.
The vast majority or credit, and indeed debit card providers will charge you a fee for using your card overseas, often between 2.75 and 2.99%.
On a holiday where you spend £1000, that's an extra £30 on the bill, money you could have avoided spending by being aware of the extra costs.
Withdrawing cash aboard using a credit card will usually hit you with a further 3% fee taking the total to 6% or £60 on your £1000 spend.
Debit cards are no better, and despite being free to use in Britain, your current account provider will often charge the same usage fee of up to 3%, and a further withdrawal charge for those cash withdrawals of between £1.50 and £5.
Travellers cheques, although seeming a little old fashioned can still be effective ways of safely carrying money aboard, so long as you find somewhere to change them at a good rate, with hard cash stored securely the other alternative.
Many hotels offer safes and safety deposit boxes for a fee smaller than the withdrawal fees although check your insurance policy before you travel with large amounts of cash so you can check you're covered should the worst happen.


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DescriptionAction games main mechanics revolve around one or more of the following:
- Accuracy
- Movement
- Quick Decisions
- Reflexes
- Timing
|Game Title
Palm OS (2002)
FlipDis is a "flip the tiles" puzzle game that begins with a simple 9 block grid. The blocks contain strawberries...
Windows (2008), Windows Mobile (2008) and iPhone (2009)
Flip Disc is a game that combines puzzle and action elements. The game board is composed by five concentrical discs...
Fliper is a Polish edition of Epic Pinball, that includes eight tables: Android Crash and Burn Deep Sea Enigma Excalibur...
PlayStation 2 (2003)
A pinball game with multiple twists. Flipnic isn't your basic pinball game, it's a psychedelic trip through fantastic land of...
Windows (1998), Windows 3.x (1998) and Macintosh (1998)
Flipper Crystal is a compilation of two LittleWing pinball games: Crystal Caliburn Loony Labyrinth
Browser (2008)
Flipside is a 2D side-scrolling racing game where the player controls a vehicle that can cling to walls, jump and...
Wii (2010)
Flip's Twisted World is a 3D puzzle platformer for the Wii, inspired by the "Relativity" lithograph by M. C. Escher....
PlayStation (1996)
In the world of Floating Runner, its populace inhabit seven floating islands, living in peace and tranquility until one day...
Browser (2004)
The playfield is crawling with little entities called "floats", varyingly yellow and red. The player's task is to use the...
Apple II (1988)
A Breakout variant which plays very similarly to its immediate inspiration, Arkanoid, in case the name didn't tip you off....
Dreamcast (2001)
Hoigle and Moigle Floigan are brothers who live in a junkyard. Hoigle is the elder of the two. He's also...
PC Booter (2014)
An open-source PC clone of the mobile phone hit Flappy Bird, written in 16-bit assembly language and distributed (as the...
PC Booter (1982)
In Floppy Frenzy, players guide a floppy disk through a maze, being careful to avoid dust and magnets. Players can...
Windows (2009)
Flora has recently moved to a new home in Clementine Valley and goes out to explore the surroundings. Not far...
Windows (2006), PSP (2008), Macintosh (2006), PlayStation 3 (2007), Browser (2006), PS Vita (2013) and PlayStation 4 (2013)
flOw is a PlayStation Network game, originally an online flash project by Jenova Chen and Nicholas Clark as a part...
PlayStation 3 (2009), PS Vita (2013) and PlayStation 4 (2013)
Flower is a game that imagines what a flower's dream would be like.The game starts in a dull grey room,...
Game Boy Advance (2001)
Control butterfree as he collects nectar from flowers. The goal is to collect as much nectar as possible before being...
Windows (2008)
flowers of error is an abstract shoot-em-up developed for the 2008 Toronto Game Jam. Players control a small white circle...
Xbox 360 (2010)
In The Flow, the protagonist is a ball which automatically moves forward. The player's job is to press a button...
Commodore 64 (1983) and Atari 8-bit (1982)
In this game, you and two other men, George and Floyd, are on a mission to rescue a girl who...
Critic Score
Top games by as rated by the press:
- 99 Ōkami
- 97 The Legend of Zelda: Ocarina of Time
- 96 Super Mario Galaxy 2
- 96 Super Mario Galaxy
- 96 SoulCalibur
- 96 Pac-Man: Championship Edition DX
- 96 Metroid Prime
- 96 Grand Theft Auto V
- 96 Grand Theft Auto IV
- 96 Gauntlet
Games must have at least a Critic Score of 80 to be considered.
Top games as rated by our users:
- 4.90 Call of Duty 4: Modern Warfare (Limited Collector's Edition) (2007)
- 4.88 Metroid Prime Trilogy (2009)
- 4.83 The Quake Collection (2007)
- 4.82 Resident Evil: Revelations 2 - Episode 4: Metamorphosis (2015)
- 4.73 The Witcher 3: Wild Hunt (2015)
- 4.73 Duke Nukem 3D: Megaton Edition (2013)
- 4.72 Star Wars: TIE Fighter - Defender of the Empire (1994)
- 4.71 StepMania (2001)
- 4.70 Malice: 23rd Century Ultraconversion for Quake (1997)
- 4.69 Outlaws: Handful of Missions (1997)
Games must have at least 5 votes and a User Score of 4.0 to be considered.
Basic Genres
Action is part of Basic Genres. This group of genres contain:


text:
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text:
Top Linksmain detailsbiographyby votesphoto galleryquotes
Filmographiesby yearby typeby ratingsby votesby TV seriesby genreby keyword
Did You Know?photo galleryquotes
Stanley Bernstein (Character)
from "V" (1983)
FilmographyEdit Credits
- "V: The Final Battle"
- Part Three (1984) TV episode, Played by George Morfogen
- "V" Played by George Morfogen
... aka "V: The Original Miniseries" - USA (DVD box title)
- Part 2 (1983) TV episode, Played by George Morfogen
- Part 1 (1983) TV episode, Played by George Morfogen
Additional Details
Plot Keywords:
Fun Stuff
[Abraham is hiding the Maxwell family in the pool house]
Stanley Bernstein: I really don't believe you brought them here.
Abraham Bernstein: They have nowhere to go. Their house is being watched now.
Stanley Bernstein: And so is ours! By Daniel! Tell them that we're sorry...
Abraham Bernstein: Stanley, you don't understand. They have to stay. They need a place to hide!
Stanley Bernstein: And why is that?
Abraham Bernstein: Because the father is a scientist.
Stanley Bernstein: And therefore suspect! And a fugitive, I take it, which would make them doubly dangerous.
Abraham Bernstein: They have to stay.
Stanley Bernstein: And I'm telling you to get them out, before I...
See more »
You may correct errors and omissions on this page directly. Clicking the 'Update' button will take you through a step-by-step process.


text: I haven't watched the thursday political panel on The National for a while but I caught it yesterday and was somewhat surprised by what I heard. The conversation was further evidence that the political mood is changing. Chantal Hébert said that it seems clear now that even Harper and Flaherty can no longer believe that . . . → Read More: kirbycairo: Harper and His Cabal, When Men get Desperate. . .


text:
Nina Dobrev vs. Ashley Greene: Who Would You Rather...
They are both brunette and beautiful and they both portray vampires on popular TV/movie franchises.
They're also both posing seductively in the pages of Esquire.
They are both brunette and beautiful and they both portray vampires on popular TV/movie franchises.
They're also both posing seductively in the pages of Esquire.
Ashley Greene is featured in the latest issue of Cosmopolitan, and let's just get this out of the way: the spread is nowhere near as hot as the photos of this Twilight Saga star in Esquire.
But few things in life are.
Kate Upton who?!?
In a clear challenge to that swimsuit model for the title of Sexiest Summer Starlet, Ashley Greene has posed for the August issue of Esquire and, by doing so, has issued a warning to men around the world:
The 2012 CMT Awards didn't merely pit country singer against country singer across a broad spectrum of categories.
It also set up an intense fashion face-off between a hero and a vampire.
It marks one month until spring, but February 21 is a monumental day on the calendar for a far sexier reason:
It's the birthday of three beautiful young celebrities: Ashley Greene (25), Jennifer Love Hewitt (33) and Charlotte Church (27).
The studio may be hoping for life beyond Breaking Dawn, but at some point The Twilight Saga will end.
As an actress who was a relative unknown prior to landing her role in that franchise, how does Ashley Greene feel about expanding her resume?
Let's make a winner out of either Miley Cyrus or Ashley Greene, shall we?
Neither young star nabbed any trophies at the 2012 People's Choice Awards last night, as Harry Potter stuck it to The Twilight Saga all evening long, winning all categories in which the two were nominated.
Breaking news from last night's Breaking Dawn premiere: Kristen Stewart and Ashley Greene are both really pretty!
The actresses were all smiles and all glamour on the red carpet of the Nokia Theatre in Los Angeles, posing with fans and co-stars and then by themselves for the throng of photographers fortunate enough to attend the event.
Kellan Lutz and Ashley Greene rose to fame together via a little saga known as Twilight.
But these two must enjoy working opposite each other because they're at it again in A Warrior's Heart.
Ashley Greene and Nikki Reed are going at it once again.
The Twilight Saga stars first faced off on the red carpet at the 2009 Teen Choice Awards. They then did so again a year later.
With Kristen Stewart off shooting Snow White and the Huntsman, Ashley Greene has become the female face of the Breaking Dawn marketing campaign these days.
The gorgeous actress is covering multiple magazines this month, from Flare to Allure to the latest example, BlackBlook.
Ashley Greene is front and center these days, helping to promote Breaking Dawn by traveling to Paris with Robert Pattinson and appearing on multiple magazine covers.
Here is one. Below is another, as the beauty is featured in the December 2011 issue of Flare Magazine, a Canadian fashion publication:


text:
Victims in British sex-abuse scandal unite, call for justice
December 5, 2016
MANCHESTER, England (AP) — The man whose harrowing testimony of being sexually abused by a youth coach sparked an ongoing crisis in English soccer wants to take the issue to a global level. more »»
Jackson, Watson likely to be among Heisman finalists
December 5, 2016
NEW YORK (AP) — Louisville quarterback Lamar Jackson is expected to be among the finalists for the Heisman Trophy and Clemson's Deshaun Watson is hoping to make it for a second consecutive season. more »»
Sepp Blatter loses appeal at CAS against 6-year FIFA ban
December 5, 2016
GENEVA (AP) — Sepp Blatter lost his appeal against a six-year ban by FIFA on Monday, and now has more serious legal cases lined up against hi. more »»
Jury selection begins in high-profile Saints star's death
December 5, 2016
NEW ORLEANS (AP) — One car rear-ends another on a Saturday night. People argue. It escalates. more »»
Washington's schedule becomes focus of playoff debate
December 5, 2016
SEATTLE (AP) — Washington's nonconference schedule clouded the Huskies' candidacy for the College Football Playoff for weeks. more »»
ICYMI in NFL: At site of cancer treatment, KC's Berry excels
December 5, 2016
As it is, this was going to be an emotional afternoon for Kansas City Chiefs safety Eric Berry, who grew up in suburban Atlanta and was playing at the Falcons for the first time as a pro — and,... more »»
BOWL STORIES: Finales, contrasts in style, coaching carousel
December 5, 2016
The Alabama invitational, um, College Football Playoff is set, along with 38 other bowl games big and small. more »»
Hideki Matsuyama ends his year on a big roll
December 5, 2016
NASSAU, Bahamas (AP) — It started with a victory at home in the Japan Open. It ended with another trophy in the Bahamas against a short but strong field.
Five tournaments. Four victories. more »»
Loss of Earl Thomas big hit to Seattle's playoff plans
December 5, 2016
SEATTLE (AP) — The missing necktie that cost Carolina's Cam Newton one play is insignificant compared to what the Seattle Seahawks lost on Sunday nigh. more »»
LEADING OFF: What to watch at the baseball winter meetings
December 5, 2016
A look at what's happening today at the baseball winter meetings in Oxon Hill, Maryland:
Former Commissioner Bud Selig will be on site in suburban... more »»
Thomas Rawls leads Seahawks to 40-7 pummeling of Panthers
December 5, 2016
SEATTLE (AP) — Behind Thomas Rawls bouncing off and through tacklers and a big-play punch from Tyler Lockett, the Seattle Seahawks rediscovered their offensive star power on Sunday nigh. more »»
A letterman: Half-century later, Schuerholz gets Hall call
December 5, 2016
OXON HILL, Md. (AP) — John Schuerholz was perfectly happy at his job, teaching world geography and English to eighth graders in suburban Baltimore.
Even so, one day he decided to mail it in. more »»
Westbrook's 5th straight triple-double lifts Thunder
December 5, 2016
OKLAHOMA CITY (AP) — A few weeks ago, Michael Jordan helped induct Russell Westbrook into the Oklahoma Hall of Fame and called himself a fan of the Thunder guard's game. more »»
The Latest: Seahawks' Thomas has fractured lower left leg
December 5, 2016
The Latest on Week 13 of the NFL season: (all times Eastern):
10:30 p.m. more »»
Steelers end Giants' winning streak at 6 in 24-14 victory
December 5, 2016
PITTSBURGH (AP) — The Pittsburgh Steelers have dished the flash of September for a decidedly more pragmatic approach in December.
Heavy doses of Le'Veon Bell and Antonio Brown. more »»
Sub-.500 bowl teams now becoming almost routine
December 5, 2016
The Heart of Dallas Bowl will be a rematch between two teams that played in October — and one of them is heading into the game with a 5-7 record.
Unusual? Ye. more »»
The Latest: Seahawks' Thomas leaves with injury
December 5, 2016
The Latest on Week 13 of the NFL season: (all times Eastern):
9:45 p.m. more »»
Palmer, Johnson lead Cardinals past Redskins
December 5, 2016
GLENDALE, Ariz. (AP) — "No risk it, no biscuit" was back for the Arizona Cardinals.
So was the big play. more »»
Carr leads another rally for Raiders in 38-24 win over Bills
December 5, 2016
OAKLAND, Calif. (AP) — When the Buffalo Bills took a 15-point lead midway through the third quarter, the game was right in the comfort zone for the Oakland Raiders. more »»
Westbrook first since Jordan with 5 straight triple-doubles
December 5, 2016
OKLAHOMA CITY (AP) — Russell Westbrook became the first NBA player with five consecutive triple-doubles since Michael Jordan had seven straight in 1989. more »»


text:
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- Questions & Answers
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How to Create the Perfect Holiday Party Look with Holiday Party Accessories
Whether it's a company holiday party or an Ugly Christmas Sweater Party, you can make your party attire look fun and festive when you add the right holiday party accessories!
Ugly Christmas Sweater Party Ideas
Host a fun and tacky Ugly Christmas Sweater Party this holiday season! Invite friends over for an ugly sweater contest, karaoke, drinks and more, with these great party ideas and tips.
How to Throw a Stress-Free Friendsgiving Dinner Party
Spend time with friends, giving thanks and eating delicious food, by throwing a dinner party this November. Have a second, more casual, Thanksgiving Dinner without all of the stress and family drama! Here are some simple ideas on how to do just that.


text:
Indian equities among worst emerging markets in November
If one expands the list to include Latin American equities, Turkey and Russia, Indian markets were the fifth-biggest laggards among major emerging markets.
Investment strategies outside equity market
In this episode of 'Smart Spends', know more about the investment strategies outside of equity ma...
Ignore market jitters: Demonetisation actually bodes well for equities, here's how
Equities may be impacted through various channels includin...
Mapping the market: Equities fail to break free; mining stocks sizzle
Benchmark BSE Sensex ended in the red on Tuesday as selling pressure persisted in FMCG, healthcare, IT, banking, capital goods and consumer durables stocks.
Equity markets close flat; negative global cues subdue sentiments
The key indices were dragged to the flat closing-line due to negative global cues and profit booking.
Outflow from EM equity and debt markets to continue for some time: Mohammad Hassan, Eurekahedge
"Once we get clarity on how Trump is going to revitalise the US economy, on how he is going to manage trade relations and what is the forward guidance from the US Fed over rate hike and expectations on inflation, things should stabilise."
See opportunities in debt market rather than equities: Krishna Memani
"For India to outperform other EMs, policy rates have to go down faster and the potential for that is relatively modest. We think opportunities aremerging in India in fixed income market nd not equity market given the current valuations."
Brand equity: HD in India
In Brand equity this week, watch how India is shifting to high definition.
Positive global markets may lift Gulf equities, Egypt may extend gains
Brent futures were trading at $46.00 per barrel, up 0.9 per cent, from Friday's close, when the commodity settled at its lowest close since August.
If somebody says crisis in the equity markets, it's your equity markets, Asia is fine: Andrew Freris, Ecognosis Advisory
"I will take a long coffee break during the Bank of Japan Conference call. I do not think I am going to hear anything new or important."
Successful equity investing requires hard work, analysis, market understanding, not 'tips'
Successful equity investing is not about doing nothing. You have to educate yourself about businesses, analyse how the markets work and respect the processes.
Weaker commodities shares drag down European equities
The pan-European STOXX Europe index was down 0.2 per cent. Italy's FTSE MIB was trading flat after finishing down 0.2 per cent on Monday following political jitters in Italy.
Is it time to sell your equity mutual fund investments?
"The right time to sell your investments is when the markets are performing well. You should buy when the markets are low."
Stay away from lotteries and schemes on equity markets: Sebi
The regulator said it has noticed certain electronic platforms are facilitating fund raising on digital platforms like websites and other internet platforms.
Indian consumer offers best hedge among Emerging Markets: Abhay Laijawala, Deutsche Equities India
"We are talking of a two-year phenomenon where you get close to 0.85% to maybe 1% of GDP coming in as consumption boost without the multiplier impact. "


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The stars of 'Spartacus: Blood and Sand' spill the beans on their characters, casting, green screen and nudity
Are you ready? Spartacus: Blood and Sand is about to invade your television! Check out my exclusive interview with the stars Andy Whitfield (Spartacus), Lucy...
Natalie Portman: "I think you can't judge your character when you play her, or else you wouldn't be able to"
Portman speaks about the challenges with playing the famous First Lady.
Aaron Eckhart: "I have a saying: 'If you're sweating, you're doing it wrong'"
"People ask me, 'Why aren't you sweating?' And I say, 'Because I am making myself effortless.' The physical is key." - Aaron Eckhart
Anna Kendrick on Why She Became a Actress and How She Got Her Role in 'Up in the Air'
"It became the way that I learn about myself and the way that I learn about other people." - Anna Kendrick on Acting
Viola Davis on Returning to 'Fences': "It was a chance and an opportunity to fix some things I never got right on stage"
"You know when you're not getting it right, you know when you're coasting." - Viola Davis
Nicole Kidman on Roles She Turned Down: "It's just the journey"
"You're meant to play certain things and if it's meant to be, then it just kind of happens." - Nicole Kidman