FILED
NOT FOR PUBLICATION
FEB 14 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELIX B. PRESCOTT, individually and No. 15-55935
as representative of the class,
D.C. No.
Plaintiff-Appellant, 2:13-cv-08953-MWF-PLA
v.
MEMORANDUM*
AMERICAN AUTOMOBILE
ASSOCIATION and AUTOMOBILE
CLUB OF SOUTHERN CALIFORNIA,
erroneously sued under AAA Auto Club of
Southern California,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Argued and Submitted February 8, 2017
Pasadena, California
Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Prescott’s employer terminated him from his job as a tow truck driver after a
background check he authorized revealed he did not meet the defendants’
requirements to serve their members.1 Prescott’s employer gave him a pre-adverse
employment action notice before terminating him as required by the Fair Credit
Reporting Act, but he did not receive one from defendants. See 15 U.S.C.
§ 1681b(b)(3)(A). Prescott sued, alleging in his Second Amended Complaint that
he suffered an injury traceable to the denied opportunity to challenge HireRight’s
adjudication and defendants’ background check policy. See Spokeo, Inc. v. Robins,
136 S. Ct. 1540, 1547–50 (2016). Because Prescott received all the notice to
which he was entitled, we affirm the district court’s dismissal of the Second
Amended Complaint.
AFFIRMED.
1
The parties are familiar with the facts so we do not recount them here
except as necessary to explain this disposition.
2