United States District Court, D. Nevada
TROY A. GARCIA, Plaintiff,
SPECIALIZED LOAN SERVICING LLC; AMERICAN HONDA FINANCE CORP.; TOYOTA FINANCIAL SERVICES; WELLS FARGO CARD SERVICES; EQUIFAX INFORMATION SERVICES, LLC, Defendants
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court is Defendant Specialized Loan Servicing, LLC's
Motion for Summary Judgment (ECF No. 35) and Plaintiff Troy
A. Garcia's Motion for Partial Summary Judgment ECF No.
37). For the reasons stated below, Defendant's motion is
granted in part and denied in part, and Plaintiff's
motion is denied.
21, 2017, Plaintiff filed a Complaint with Jury Demand
against Specialized Loan Servicing, LLC, American Honda
Finance Corp., Toyota Financial Services, Wells Fargo Card
Services, and Equifax Information Services, LLC, alleging
violations of the Fair Credit Reporting Act, 15 U.S.C. §
1681 et seq. (“FCRA”). ECF No. 1.
Honda Finance filed its Answer on September 5, 2017. ECF No.
9. Specialized Loan Servicing filed a Motion to Dismiss on
September 19, 2017. ECF No. 16. Wells Fargo Card Services
filed its Answer on September 22, 2017. ECF No. 18.
Court issued a Scheduling Order on October 6, 2017. ECF No.
21. Discovery closed on March 5, 2018. Id.
December 18, 2017, the Court granted a stipulation to dismiss
American Honda Finance with prejudice. ECF No. 28. On
February 8, 2018, the Court granted a stipulation to dismiss
Wells Fargo Card Services with prejudice. ECF No. 30.
14, 2018, Specialized Loan Servicing filed the instant Motion
for Summary Judgment, ECF No. 35, and Plaintiff filed the
instant Motion for Partial Summary Judgment, ECF No. 37.
7, 2018, the Court granted a stipulation to dismiss Equifax
Information Services with prejudice. ECF No. 51.
September 21, 2018, the Court held a hearing on the pending
motions. ECF No. 66. The Court denied the Motion to Dismiss
for the reasons stated on the record. Id. The Court
took the instant motions under consideration. Id.
Court finds the following facts to be undisputed.
resides in Clark County, Nevada. On May 26, 2011, Plaintiff
filed for Chapter 13 bankruptcy in the United States
Bankruptcy Court for the District of Nevada. On May 11, 2016,
the Bankruptcy Court confirmed Plaintiff's plan.
Plaintiff made all payments required under the terms of the
plan, and the debts to each Defendant were discharged through
the Bankruptcy on August 1, 2016.
Equifax credit report dated September 13, 2016, Specialized
Loan Servicing inaccurately reported that Plaintiff owed an
outstanding balance of $74, 643 and that Plaintiff was past
due in the amount of $7, 373. Specialized Loan Servicing also
reported an account status of “charge-off” and a
balloon payment amount of $53, 419. Plaintiff had surrendered
the property associated with this debt and performed all
obligations owed to Specialized Loan Servicing after filing
the Chapter 13 bankruptcy.
October 18, 2016, Plaintiff disputed Specialized Loan
Servicing's reported information by notifying Equifax, in
writing, of the inaccurate credit information and requesting
that it be removed, corrected, or deleted. On or about
November 3, 2016, Plaintiff received notification from