United States District Court, S.D. New York
July 14, 2005.
REGINA LEWIS, Plaintiff,
NISSAN NORTH AMERICA, INC., CORP., et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Plaintiff, an extremely dissatisfied auto purchaser, brings
this action pro se against Nissan North America, Newburgh
Nissan Car Dealership, Nissan Motor Acceptance Corp., and various
employees of Nissan. She asserts claims under the Truth in
Lending Act ("TILA"), 15 U.S.C. § 1601 et seq., the
Magnuson-Moss Warranty Act ("MMWA"), 15 U.S.C. § 2301 et seq.,
and the Federal Trade Commission Act ("FTCA"), 15 U.S.C. § 45, as
well as on various state law theories. Defendants have moved for
summary judgment dismissing the complaint.
In a thorough 48-page report and recommendation dated June 28,
2005, Magistrate Judge Theodore H. Katz recommended that the
motion be granted on two independently sufficient grounds.
First, he found that defendants are entitled to summary
judgment on the merits, concluding that the TILA claim is
untimely, that the MMWA fails to state a claim upon which relief
may be granted because there is no claim that any defendant
failed to comply with the terms of plaintiff's service contract,
that the FTCA claim is deficient because there is no private
cause of action under that statute, and that, viewing the
evidence in the light most favorable to plaintiff, she has not
raised a genuine issue of material fact sufficient to warrant a
trial on any of the state law claims.
Second, Magistrate Judge Katz recommended dismissal on the
ground that the plaintiff repeatedly violated court orders by,
among other things, threatening and abusing defense counsel,
court personnel and the Court itself.
Plaintiff has responded with two letters, which the Court
treats as objections to the report and recommendation. Having
carefully review plaintiff's arguments, however, the Court is persuaded that plaintiff has voiced no legally sufficient
objection to the report and recommendation and that defendants
are entitled to judgment as a matter of law.
Accordingly, the objections are overruled, and defendants'
motion for summary judgment dismissing the complaint is granted
on both grounds relied upon by Magistrate Judge Katz. The Clerk
shall close the case.
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