United States District Court, D. Nevada
TONI GOZ, on behalf of the estate of LYNN D. TRAVERS, Plaintiff,
ALLIED COLLECTION SERVICES, INC., GRANT & WEBER, INC.; EXPERIAN INFORMATION SOLUTIONS, INC.; SILVER STATE SCHOOLS CREDIT UNION; AND WELLS FARGO HOME MORTGAGE, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Travers sued Defendants, alleging violations of the Fair
Credit Reporting Act (“FCRA”), 15 U.S.C. §
1681 et seq., and the Fair Debt Collection Practices
Act (“FDCPA”), 15 U.S.C. § 1692 et
seq. ECF No. 1. After the unfortunate passing of
Travers, Plaintiff Toni Goz, in her capacity as
administratrix of Travers's estate, was substituted as
the proper party in this action. ECF No. 133.
the Court now comes Plaintiff and Defendants Experian
Information Solutions, Inc. and Silver State Schools Credit
Union's Joint Motion for Reconsideration of Motions for
Summary Judgment. ECF No. 134. The Court grants the Motion
for Reconsideration. Thus, the Court reconsiders the
following motions below: Plaintiff's two Motions for
Partial Summary Judgment, ECF Nos. 84 and 93; Defendant
Experian's Motion for Summary Judgment, ECF No. 82; and
Defendant Silver State Schools's Motion for Summary
Judgment, ECF No. 88.
initiated this action on August 4, 2016, alleging two claims:
(1) violation of the FCRA against all Defendants and (2)
violation of the FDCPA against Defendants State Collection
Service, Inc., Grant & Weber, Inc., and Allied Collection
Services, Inc. ECF No. 1. This matter was later consolidated
with Lynn Travers v. Experian Information Solutions Inc.
and Silver State Schools Credit Union,
2:17-cv-01591-JCM-CWH (D. Nev. filed August 4, 2016). ECF No.
Clerk of the Court entered default against Allied Collection
Services on June 23, 2017. ECF No. 78. Defendants State Collection
Service, Inc., Wells Fargo Home Mortgage, Equifax Information
Services, LLC, Trans Union, LLC, and Innovis Data Solutions,
Inc. were all dismissed from this matter via voluntary
dismissals or stipulations to dismissal. ECF Nos. 16, 18, 25,
34, 74. Grant & Weber was served but has not participated
in this matter. ECF No. 36; see also docket
(indicating Defendant Grant & Weber failure to defend).
However, Grant & Weber has not been dismissed from the
matter nor has an entry of default been entered against it.
3, 2017, Travers moved for partial summary judgment against
Experian, ECF No. 84, and against Silver State Schools, ECF
No. 93. The two Defendants also moved for summary judgment on
Travers's claims. ECF Nos. 82, 88. Each motion was fully
briefed by the parties. ECF Nos. 102, 103, 107, 111, 113,
114, 116, 117. The Court entertained oral argument on the
motions on March 1, 2018, ultimately taking the motions under
submission. ECF No. 21.
counsel subsequently filed a Suggestion of Death on March 22,
2018, noticing the Court of Travers's passing. ECF No.
126. The Court therefore denied the four motions for summary
judgment without prejudice and ordered counsel to move to
substitute a real party in interest under Federal Rule of
Civil Procedure 25 within sixty days of March 28, 2018. ECF
No. 29. The Court also instructed the parties to file a joint
motion for reconsideration of the four motions for summary
judgment if a substitution was in fact made. Id.
Plaintiff was substituted as the proper party in her capacity
as administratrix of Travers's estate on May 18, 2018.
ECF No. 133. Plaintiff and Defendants Experian and Silver
State Schools now move for reconsideration of the four
motions in accordance with the Court's order. ECF No.
JOINT MOTION TO RECONSIDER
begin, the Court grants the parties' Joint Motion for
Reconsideration. The Court denied the parties' motions
for summary judgment based on the lack of a real party in
interest after Travers's death. Because a real party in
interest, Plaintiff Goz, has been substituted in the matter
and the parties move for reconsideration in accordance with
the Court's earlier order, the Court finds the
circumstances justify reconsideration of the motions.
See Fed.R.Civ.P. 60(b)(6) (allowing for relief
reconsideration under certain circumstances, including
“any other reason that justifies relief.”).
MOTIONS FOR SUMMARY JUDGMENT
Court now turns to the four motions for summary judgment.
Court finds the following facts to be undisputed. As defined
by the FCRA, Experian is a credit reporting agency
(“CRA”), Silver State Schools is a furnisher, and
Travers was a consumer.
filed a Chapter 13 bankruptcy petition on August 29, 2011.
The petition listed two of Travers's accounts on Schedule
D: her Wells Fargo account and her first Silver State School
account. The petition also listed Travers's second Silver
State School account on Schedule F. The bankruptcy court
confirmed Travers's plan of reorganization on January 25,
2012. Each of Travers's three accounts were included in
the approved plan. The bankruptcy trustee entered a final
account and report on May 14, 2015, indicating that Travers
satisfied all the plan payments. The bankruptcy court
discharged Travers on July 20, 2015.
Travers's Disputes to her Credit ...