Silva v. TD Bank USA, N.A.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Anthony Silva,
Plaintiff
v. 	Case No. 26-cv-186-SM-AJ
Opinion No. 2026 DNH 076
TD Bank USA, N.A.,
Defendant
O R D E R
Anthony Silva originally filed this action in state court
as a small claim complaint and defendant removed it to this
court, invoking this court’s federal question jurisdiction. 	In
his complaint, Silva asserts that the defendant, TD Bank USA,
violated the federal Fair Credit Reporting Act. 	TD Bank moves
for judgment on the pleadings, asserting that Silva’s complaint
fails to state a viable cause of action. 	See generally Fed. R.
Civ. P. 12(c).
For the reasons discussed, that motion is granted and the
complaint is dismissed.
Background
In his complaint, Silva alleges that he:
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submitted FTC identity theft and fraud reports
disputing a fraudulent Target RedCard tradeline [sic].
Despite notice and supporting documentation, Target
National Bank failed to remove or correct the
fraudulent account and continued furnishing false
information to credit reporting agencies. 	This caused
financial harm, denial of banking access, and credit
damages. 	The failure was willful and negligent.
Small Claim Complaint (document no. 1-1) at 3.
In response, TD Bank filed a Motion for Judgment on the
Pleadings (document no. 4). 	Silva did not respond.
Accordingly, the court entered an order notifying Silva that,
The motion for judgment on the pleadings appears to
have substantial merit. 	As plaintiff is appearing pro
se, however, some flexibility is warranted.
Accordingly, plaintiff may file an amended complaint
responding to the issues raised by defendant on or
before May 8, 2026.
Failure to file [a response] or filing a proposed
amended complaint that does not adequately address the
issues raised will necessarily result in an order
granting the motion and dismissing the case.
Order dated April 8, 2026 (emphasis supplied).
Then, the court began receiving notices that mail addressed
to Silva was being returned as “undeliverable.” 	See, e.g.,
documents no. 11 through 16. 	In response, court staff attempted
to reach Silva by telephone, at the number he provided on the
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materials he had submitted along with the small claim complaint
he filed in state court. 	He did not respond to voice messages
asking him to contact the court.
The court then attempted to contact Mr. Silva by email, at
the address he had provided along with his small claim
complaint. 	The following notice was sent to Silva, with a copy
to defense counsel:
Mr. Silva, The Small Claim Complaint you filed in
state court against TD Bank USA, N.A. has been removed
(transferred) to the United States District Court for
the District of New Hampshire, located at 55 Pleasant
Street, Concord, N.H. 	The defendant in that
proceeding has filed a motion to dismiss your
complaint to which you have not responded. 	All
efforts to contact you by U.S. Mail and telephone have
proved unsuccessful.
Accordingly, on or before June 12, 2026, you shall:
(a) provide the federal court with your full and
accurate mailing address (including, if applicable,
your apartment number); and (b) respond to the pending
motion to dismiss (document no. 4), which is attached.
If you fail to comply in a timely manner, your claims
against TD Bank USA, NA are subject to dismissal with
prejudice - that is, judgment will be entered in favor
of the defendant and you will be prevented from
pursuing those claims any further, in any court.
E-mail Notice dated May 15, 2026 (emphasis supplied). 	Silva has
not responded.
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Conclusion
There being no objection to defendant’s meritorious motion,
and plaintiff having failed to respond to the court’s various
efforts to contact him, and having failed to provide accurate
contact information to the court as required by Local Rule
83.6(e), defendant’s Motion for Judgment on the Pleading
(document no. 4) is granted, for the reasons set forth in
defendant’s legal memorandum (document no. 4-1). 	See also Fed.
R. Civ. P. 41(b) (providing for dismissal of an action should
the plaintiff fail to prosecute his claims and/or fail to comply
with the governing rules of civil procedure or court order).
The Clerk of Court shall enter judgment in accordance with
this order and close the case.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
June 15, 2026
cc: 	Anthony Silva, pro se
Counsel of Record
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