United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court are Plaintiff's Motion for Sanctions (ECF No.
27), Motion for Partial Summary Judgment (ECF No. 28), Motion
to Seal (ECF No. 30), and Motion to Strike (ECF No. 42). For
the reasons stated below, Plaintiff's Motion for
Sanctions is granted in part and denied in part, and
Plaintiff's Motion for Partial Summary Judgment, Motion
to Seal, and Motion to Strike are denied.
26, 2017, Plaintiff filed a Complaint with Jury Demand
against Trinity Financial Services, LLC and Trinity Recovery
Services, LLC, alleging violations of the Fair Credit
Reporting Act, 15 U.S.C. § 1681 et seq.
(“FCRA”). ECF No. 1. Each Defendant filed an
Answer on August 4, 2017. ECF Nos. 4, 5. On September 18,
2017, Plaintiff sought leave to file an amended complaint.
ECF No. 8.
Court entered a scheduling order on October 10, 2017. ECF No.
17. Discovery closed on July 11, 2018. ECF No. 26.
August 10, 2018, Plaintiff filed the instant Motion for
Sanctions, Motion for Partial Summary Judgment, and Motion to
Seal. ECF Nos. 27, 28, 30. On September 27, 2018, the Court
denied Plaintiff's Motion for Leave to File Amended
Complaint, which sought to pursue the claim on a class-wide
basis, on grounds of futility. ECF No. 38.
October 5, 2018, Plaintiff filed the instant Motion to
Strike, which also served as a Reply to his Motion for
Partial Summary Judgment. ECF No. 42. On October 25, 2018,
Plaintiff filed notice that Defendants had not filed an
opposition regarding his Motion to Strike. ECF No. 43.
Defendants filed a declaration denying that Plaintiff's
filing constituted a Motion to Strike. ECF No. 44.
Court finds the following facts to be undisputed.
incurred a debt in December 2005 to First Franklin Loan
Services, which was secured by a deed of trust encumbering
his home in Las Vegas. In 2007 the debt was split into senior
and junior portions, with First Franklin Loan Services
retaining the junior portion. Plaintiff alleges that his debt
was forgiven and cancelled in full in June
2009. Plaintiff did not subsequently enter any
new credit relationships with First Franklin Loan Services.
March 2015, Trinity Financial purchased Plaintiff's loan.
Trinity Financial purchased approximately 159 other loans
approximately April 15, 2015, Plaintiff received notice that
the loan would be transferred to Trinity Financial Services,
LLC effective April 30, 2015. On October 8, 2015, Plaintiff
sent Trinity Financial a cease and desist letter. He
requested that Trinity Financial cease and desist any
attempts to collect the debt and asserted that he did not
have a business contract with Trinity Financial. He warned
that he would prosecute Trinity Financial's publishing of
any derogatory information about him to any unauthorized
August 12, 2015, Plaintiff's loan was transferred from
Trinity Financial to Trojan Capital Investments, LLC
(“Trojan”). Trojan acquired over 75 loans total
in this transaction. On approximately October 14, 2015,
Plaintiff received notice that the loan would be transferred
to Trojan effective October 30, 2015.
accessing his reports from credit reporting agencies,
Plaintiff discovered that Defendants made several pulls on
his credit occurring before, during, and after
Defendants' asserted financial relationship with
Plaintiff from April 2015 to October 2015.
Credco provided Trinity Financial and/or Trinity Recovery
with Plaintiff's information from Experian on at least 14
occasions: on May 29, 2015; August 19, 2015; November 11,
2015; December 7, 2015; January 26, 2016; March 8, 2016;
April 20, 2016; October 12, 2016; December 8, 2016; January
9, 2017; February 15, 2017; April 12, 2017; July 28, 2017;
and November 20, 2017. Credco also provided Trinity Financial
with Plaintiff's information from Trans Union on at least
six occasions: February 25, 2015; August 19, 2015; September
24, 2015; November 2, 2015; November 11, 2015; and January
19, 2016. Trinity Financial also apparently pulled
Plaintiff's credit report directly from Trans Union on
September 20, 2016, January 3, 2017, and February 1, 2017.
Financial additionally requested Plaintiff's credit
information from Trans Union LLC on November 11, 2015;
September 9, 2015; August 19, 2015; February 25, 2015; and
January 19, 2016.
credit report from Experian Information Solutions, Inc. lists
soft pulls from Trinity Financial and/or Trinity Recovery on
the following dates: February 26, 2015; April 1, 2015; May
29, 2015; August 19, 2015; November 11, 2015; May 29, 2015;
December 7, 2015; January 26, 2016; March 8, 2016; April 20,
2016; June 6, 2016; October 12, 2016; December 8, 2016; and
January 9, 2017.
parties dispute whether Defendants had an authorized purpose
under 15 U.S.C. § 1681b(f) to obtain Plaintiff's