Anthony Silva v. TD Bank USA, N.A.

Summary

The United States District Court for the District of New Hampshire granted TD Bank USA, N.A.’s motion for judgment on the pleadings in Anthony Silva’s Fair Credit Reporting Act action. The court dismissed the complaint based on its failure to state a viable claim, Silva’s failure to respond, and his failure to maintain accurate contact information or comply with court directives.

Holdings

1. TD Bank's motion for judgment on the pleadings was granted because the motion was meritorious and unopposed, and the complaint failed to state a viable cause of action for the reasons set forth in TD Bank's memorandum.
2. Dismissal was warranted because Silva failed to respond to the court's orders and communications, failed to provide accurate contact information as required by Local Rule 83.6(e), and failed to prosecute his claims.

Questions Presented

1. Whether TD Bank was entitled to judgment on the pleadings where Silva failed to respond to the motion and did not adequately plead a viable Fair Credit Reporting Act claim.
2. Whether the action should be dismissed because Silva failed to prosecute the case and failed to comply with the court's orders and Local Rule 83.6(e).

Disposition

dismissed