ORDER DISMISSING PLAINTIFF'S FCRA CLAIM AGAINST EQUIFAX AND DIRECTING PLAINTIFF TO FILE STATEMENT RE: FCRA CLAIM AGAINST BANK OF AMERICA
HAYWOOD S. GILLIAM, Jr., District Judge.
On October 5, 2016, Plaintiff filed the current suit against Experian Information Solutions, Inc. ("Experian"); Bank of America, National Association ("Bank of America"); and Equifax, Inc. ("Equifax"). Dkt. No. 1 ("Compl."). Plaintiff asserted claims against all defendants under the Fair Credit Report Act ("FCRA"), as well as a claim under the California Consumer Credit Reporting Agencies Act ("CCCRA") against Bank of America. Id. ¶¶ 109-43 (citing 15 U.S.C. §§ 1681i(a)(1), 1681s-2(b); Cal. Civ. Code § 1785.25(a)).
On May 8, 2017, the Court granted Equifax's motion to dismiss Plaintiff's FCRA claim, with leave to amend within 28 days. Dkt. No. 56. The June 5, 2017 deadline to amend has passed and Plaintiff has filed neither an amended complaint nor a notice of intent not to file an amended complaint. Dismissal is therefore warranted under Rule 41(b). See Fed. R. Civ. P. 41(b); Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) ("The failure of the plaintiff eventually to respond to the court's ultimatum—either by amending the complaint or by indicating to the court that it will not do so—is properly met with the sanction of a Rule 41(b) dismissal."). The Court thus
On May 31, 2017, the Court granted the stipulation for dismissal with prejudice as to Experian. Dkt. No. 60. The only remaining defendant in this case, Bank of America, has so far failed to appear, despite being served with the summons, complaint, and civil cover sheet. Dkt. No. 15. It is not clear whether Plaintiff intends to proceed with her FRCA claim against Bank of America. Therefore, the Court