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Parker v. Capital One Auto Finance

United States District Court, S.D. Indiana, Indianapolis Division

April 28, 2017

BRENDA PARKER, Plaintiff,
v.
CAPITAL ONE AUTO FINANCE a division of Capital One NA., ONYX ACCEPTANCE CORPORATION, OFFICER LOYAL in official and individual capacity, OFFICER PILKINGTON in official and individual capacity, OFFICER ROLINSON in official and individual capacity, DALIAS, CITY OF INDIANAPOLIS, Defendants.

          ORDER

          Hon. Jane Magnus-Stinson, Chief Judge

         Presently pending before the Court is pro se Plaintiff Brenda Parker's Motion for Leave to File Second Amended Complaint. [Filing No. 95.] Defendants City of Indianapolis, Officer Loyal, Officer Pilkington, and Officer Rolinson (collectively, the "City Defendants") object to Ms. Parker's request to amend her pleadings. [Filing No. 101.] Defendants Capital One Auto Finance, a division of Capital One NA. ("Capital One"), and Onyx Acceptance Corporation ("Onyx") object to Ms. Parker's request to amend her pleadings, and they also ask this Court to enter partial final judgment in their favor pursuant to Federal Rule of Civil Procedure 54(b). [Filing No. 106.] Ms. Parker has also filed a Motion to Set Aside/Vacate the Court's December 2015 Order dismissing Capital One and Onyx, [Filing No. 1151, and the Court will also address that request in this Order as well.

         I.

         Background

         As summarized by the Court's Screening Order, Ms. Parker's claims

arise out of circumstances surrounding and preceding the repossession of her vehicle in May of 2014. She called the police at the time the vehicle was being towed and told officers that the creditor had "charged off' the debt in 2012 when it reported the car loan to be an uncollectible debt. The officers reviewed papers that the towing company had, determined that the towing company's paperwork was more current than [Ms. Parker's paperwork], and allowed the towing company to repossess her car.

         [Filing No. 21 at 2.] In its Screening Order, the Court dismissed some of Ms. Parker's claims, including her equal protection and 42 U.S.C. § 1985 claims; her civil conspiracy claim under 18 U.S.C. § 241; her claim under 42 U.S.C. § 1983 against various private actors; her claim for violations of IRS Publication 535; and her official capacity claims against the officer defendants. [Filing No. 21.] The Court allowed the following claims to proceed: Count IV (a Fair Debt Collection Practices Act claim against Capital One and Onyx)); Count V (a Fair Credit Reporting Act claim against Capital One and Onyx); and Count VII (due process claim pursuant to 42 U.S.C. § 1983 against the City Defendants). [Filing No. 21.] Capital One and Onyx filed a Motion to Dismiss Ms. Parker's claims against them, which the Court granted on December 3, 2015. [Filing No. 45.] Ms. Parker filed multiple motions that the Court treated as a request for reconsideration, and the Court denied that request. [Filing No. 56.] The Court has not entered partial final judgment on Ms. Parker's claims against Capital One and Onyx.

         On January 22, 2016, the assigned Magistrate Judge entered a Case Management Plan. [Filing No. 59.] A joint motion to extend certain dates was granted on December 20, 2016, and the following dates were established:

1. the discovery deadline (for both liability and damages) is extended to February 17, 2017;
2. the deadline for The parties final witness and exhibit liiti is extended to February 17, 2017;
3. the deadline for motions for leave to amend the pleadings and/or to join additional parties is extended to February 28. 2017:and
4. the deadline for dispositive motions is extended to March 31, 2017.

[Filing No.81 at 1.]

         On March 6, 2017, Ms. Parker filed a Motion to Amend/Correct her Amended Complaint, [Filing No. 95], and submitted a proposed Second Amended Complaint, [Filing No. 95-2]. The City Defendants object to Ms. Parker's request to amend her pleadings. [Filing No. 101.] Capital One and Onyx object to Ms. Parker's request to amend her pleadings and also ask this Court to enter partial final judgment in their favor pursuant to Federal Rule of Civil Procedure 54(b). [Filing No. ...


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