Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Ronald A. Guzman Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 1411 DATE 12/21/2012

CASE

TITLE

Kent v. Chase Bank 

DOCKET ENTRY TEXT

For the reasons stated below, the pending motion to dismiss [35-1] is denied as moot. Any amended

complaint must be filed no later than 21 days from the date of entry of this order. Chase shall answer or

otherwise plead no later than 21 days after the filing of the second amended complaint. 

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT

 After the Court dismissed Plaintiff’s initial complaint for failure to state a claim, Namon Kent was

given leave to file an amended complaint. (Dkt. # 29-1.) Kent filed a first amended complaint (“FAC”)

alleging that Chase violated the Fair Credit Reporting Act (“FCRA”), committed promissory fraud and

breached a settlement agreement with him. 

Chase now moves to dismiss the amended complaint. In his response, Kent seeks leave to amend his

complaint once again to allege that Chase is an information provider under the FCRA, Chase had a duty to

investigate the dispute and did not, Kent sent a letter to the credit reporting agencies regarding the dispute and

the credit reporting agencies notified Chase of the dispute. (Resp., Dkt. # 39, at 2.) Chase opposes the

amendment on the ground that the timing is suspicious and questions why Kent did not make the allegations

he seeks to add in a second amended complaint earlier. It states that “Plaintiff’s Response provides no

assurances that he can properly assert these allegations.” (Reply, Dkt. # 41, at 5.) But, Kent is bound by

Federal Rule of Civil Procedure (“Rule”) 11, just as any lawyer is, Vukadinovich v. McCarthy, 901 F.2d 1439,

1445 (7th Cir. 1990), and will be held to its provisions. Moreover, the Court cannot conclude at this time

whether Kent may be able to plead what he now says he can plead. Rule 15 requires that courts allow

amendments freely “when justice so requires.” Fed. R. Civ. P. 15(a)(2). Therefore, Kent’s request for leave

to amend is granted. Kent is admonished that this will be the final amendment the Court allows. He must

include in this second amended complaint all relevant facts and allegations he deems necessary. 

The Court notes that in its motion to dismiss the FAC, Chase discusses many facts surrounding the

case, which are not properly addressed at the motion to dismiss stage and are more properly resolved on

summary judgment. See Morrison v. YTB Int’l., Inc., 649 F.3d 533, 538 (7th Cir. 2011) (on motion to

dismiss, district court not entitled to “take evidence” or “make findings of fact”). Moreover, with respect to

the alleged settlement agreement that was executed as part of a seemingly related state court case, Chase does

12C1411 Kent v. Chase Bank U.S.A. Page 1 of 2
STATEMENT

not deny that the agreement exists, and argues that because Kent has not substantially performed, he cannot

satisfy the elements of a breach of contract. However, it then goes on to impose uncertainty as to whether the

settlement agreement is valid and binding when it states in a footnote that “[i]f the Court were to find the

settlement agreement to be binding on the parties, then it would require dismissal of Count I [the FCRA

count] of Plaintiff’s Amended Complaint.” (Reply, Dkt. # 36, at 8 n.3.) (emphasis added). If Chase believes

that the alleged settlement is binding and bars the instant lawsuit, why is that argument relegated to a

footnote? 

Although the Court is giving Kent one more opportunity to amend his complaint, it strongly

encourages the parties to discuss settlement of the case. Any amended complaint must be filed no later than

21 days from the date of entry of this order. Chase shall answer or otherwise plead no later than 21 days after

the filing of the second amended complaint. The pending motion to dismiss [35-1] is denied as moot. 

12C1411 Kent v. Chase Bank U.S.A. Page 2 of 2