Auer v. City of Minot, No. 15-2021 (8th Cir. 2016)
Annotate this CasePlaintiff filed suit against defendants alleging that they violated various provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681x, by obtaining copies of her credit report. The district court granted the city and the law firm's motion to dismiss. The district court ordered the city and firm to give their copies to the clerk of court for safekeeping and for the clerk to destroy the copies after thirty days unless directed otherwise. Plaintiff appealed. The court concluded that the district court's order did not grant an injunction for purposes of 28 U.S.C. 1292(a)(1), so the court lacked jurisdiction to review the order at this stage. The court also denied mandamus relief with respect to the district court's order dismissing some of the defendants because an appeal from the district court’s eventual final judgment is the proper vehicle for plaintiff's challenges to the order.
Court Description: Riley, Author, with Colloton and Shepherd, Circuit Judges] Civil case - Civil Procedure. Order directing the City and its law firm to take certain actions with respect to copies of plaintiff's credit report was not an injunction and the order is not appealable under 28 U.S.C. Sec. 1292(a)(1); nor is an order dismissing certain defendants reachable by mandamus since the issues can be raised in an eventual appeal of the district court's final judgment.
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