MEMORANDUM OPINION AND ORDER
SHADUR, Senior District Judge.
Gary Kay ("Kay") has filed a six-count Complaint against his short-term former employer First Continental Trading, Inc. ("First Continental") and credit reporting agency James E. Van Ella & Associates, Inc. ("Van Ella"), seeking damages stemming from Van Ella's false report that attributed a state court felony charge of "Receiving/Possession/Selling
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