Soman v. Alameda Health System ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAS SOMAN, Case No. 17-cv-06076-JD 8 Plaintiff, ORDER RE RECONSIDERATION AND 9 Vv. RE-OPENING CASE 10 ALAMEDA HEALTH SYSTEM, ll Defendant. 12 13 In light of a Ninth Circuit opinion published after the Court dismissed this case, the Court 14 || advised the parties and the circuit that it would favorably view a motion for reconsideration by 3 15 plaintiff. Dkt. No. 66. The circuit remanded the case on that basis, Dkt. No. 68, and the Court a 16 || now grants reconsideration. The FCRA practices found to be impermissible in Gilberg v. 3 17 California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019), are substantively identical 18 || to the ones Soman challenges here. Gilberg leaves no doubt that the second amended complaint 19 || states a plausible claim. 20 The orders dismissing Soman’s second amended complaint and entering judgment against 21 her, Dkt. Nos. 49 and 50, are vacated. Defendant’s motion to dismiss the Second Amended 22 || Complaint, Dkt. No. 44, is denied. The case is restored to active status. A scheduling conference 23 || is set for January 9, 2020. 24 IT IS SO ORDERED. 25 Dated: October 18, 2019 26 27 28 JAMES/PONATO- United Ztates District Judge