FELIX PRESCOTT V. AMERICAN AUTOMOBILE ASS'N, No. 15-55935 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 14 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FELIX B. PRESCOTT, individually and as representative of the class, Plaintiff-Appellant, No. 15-55935 D.C. No. 2:13-cv-08953-MWF-PLA v. MEMORANDUM* AMERICAN AUTOMOBILE ASSOCIATION and AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, erroneously sued under AAA Auto Club of Southern California, Defendants-Appellees. Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding Argued and Submitted February 8, 2017 Pasadena, California Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Prescott’s employer terminated him from his job as a tow truck driver after a background check he authorized revealed he did not meet the defendants’ requirements to serve their members.1 Prescott’s employer gave him a pre-adverse employment action notice before terminating him as required by the Fair Credit Reporting Act, but he did not receive one from defendants. See 15 U.S.C. § 1681b(b)(3)(A). Prescott sued, alleging in his Second Amended Complaint that he suffered an injury traceable to the denied opportunity to challenge HireRight’s adjudication and defendants’ background check policy. See Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547–50 (2016). Because Prescott received all the notice to which he was entitled, we affirm the district court’s dismissal of the Second Amended Complaint. AFFIRMED. 1 The parties are familiar with the facts so we do not recount them here except as necessary to explain this disposition. 2

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