Lambert v. Navy Federal Credit Union, No. 1:2019cv00103 - Document 37 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION and ORDER granting 19 Motion to Dismiss for Failure to State a Claim. Finding that amendment would be futile, Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Liam O'Grady on 8/14/2019. (rban, )
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Lambert v. Navy Federal Credit Union Doc. 37 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division RUBY LAMBERT,individually and on behalf of all others similarly situated, Civil No. l:19-cv-103-LO-MSN Plaintiff, Hon. Liam O'Grady NAVY FEDERAL CREDIT UNION, Defendant. MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant's Motion to Dismiss for Failure to State a Claim (Dkt. 19). The Motion is fully briefed, and the Court heard oral argument on May 24,2019. For the reasons stated below, and for good cause shown. Defendant's Motion to Dismiss for Failure to State a Claim (Dkt. 19)is hereby GRANTED. I. BACKGROUND Plaintiff Ruby Lambert alleges that Defendant Navy Federal Credit Union charges multiple nonsufficient fund fees for multiple attempts to process a single payment request in violation of contractual language implying that only a single nonsufficient fund fee would ever be charged for a payment request, no matter how many times that payment request is declined for nonsufficient funds. FlaintifTs contract with Navy Federal states that Navy Federal "may" assess "[a] fee" "for each returned debit item." Navy Fed. Credit Union Important Disclosures (hereinafter "Important Disclosures") at 4. Plaintiffs insurer. Mutual of Omaha,attempted to automatically Dockets.Justia.com
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