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Richard Riemer v. Chase Bank Usa

May 25, 2011

RICHARD RIEMER, PLAINTIFF,
v.
CHASE BANK USA , N.A., DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge Jeffrey Cole

MEMORANDUM OPINION AND ORDER

The plaintiff has moved to strike all thirteen of Chase Bank's affirmative defenses. Chase has withdrawn its first affirmative defense. The twelve remaining are:

2. Plaintiff's claims against Chase fail because there was no "unauthorized use" as that term is used and defined in 15 U.S.C. §1602(o); 12 C.F.R. §226.12(b)(1) n. 22, and other applicable law.

3. Plaintiff's claims against Chase fail because plaintiff knew or should have known of the charges posted to his account because he gave the credit card numbers to certain online merchants and authorized them to post charges to his account.

4. Plaintiff's claims against Chase fail because Chase neither knew nor should have known of any alleged wrongdoing of any other persons which may have caused any purported damages to plaintiff and which was out of Chase's control.

5. Plaintiff's claims against Chase fail because he failed to allege any cognizable damages resulting from Chase's alleged acts or omissions.

6. Plaintiff's damages, if any, were caused by his own actions, inaction or negligence, and/or the negligence of others.

7. Plaintiff's damages, if any, were not directly or proximately caused by Chase, but were the product of persons other than Chase.

8. Plaintiff's damages, if any, are limited by his comparative and/or contributory negligence.

9. Plaintiff's claims against Chase are barred to the extent that plaintiff failed to comply with the requirements, terms and conditions of the Card Member Agreement.

10. Plaintiff failed to mitigate his damages.

11. Plaintiff's damages, if any, are barred to the extent of any loss caused by his failure to revoke the authorization he gave to certain online merchants with whom he allegedly ceased doing business.

12. Chase relies on any applicable defenses or counterclaims in the Truth in Lending Act.

13. Chase complied with the requirements of all applicable contracts, ...


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