Summary
dismissing claim for damages of increased risk of identity theft under 49 U.S.C. § 14706 et seq. The court reasoned that damages for risk of identity theft would be based on speculation, as opposed to actual loss.
Summary of this case from Bell v. Acxiom CorporationOpinion
Case No. 05-1255.
May 12, 2006
ORDER
Before the Court is Magistrate Judge Cudmore's Report and Recommendation [Doc. # 9], which addresses Defendant's Motion to Dismiss [Doc. # 4]. The parties have not filed any objections within the ten (10) days allotted by 28 U.S.C. § 636(b)(1). Failure to object constitutes a waiver of any objections. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999);Video Views Inc. v. Studio 21 Ltd., 797 F.2d 538 (7th Cir. 1986). Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss [Doc. # 4] is GRANTED IN PART and DENIED IN PART. Defendant's motion is denied as to Count I of the Complaint, but is granted to the extent it seeks dismissal of Plaintiff's claim for damages for an increased risk of future identity theft in Count II.