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Mainor v. Acctcorp of Southern Nevada

United States District Court, D. Nevada

September 27, 2019

CAROL MAINOR, Plaintiff,
v.
ACCTCORP OF SOUTHERN NEVADA, et al, Defendants.

          ORDER

          RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before the Court is Defendant Experian Information Solutions, Inc.’s Motion for Summary Judgment (ECF No. 131). For the reasons stated below, the Court grants the motion.

         II. PROCEDURAL BACKGROUND

         Plaintiff filed her initial complaint in this action on January 29, 2016 against Ocwen Loan Servicing and Experian Information Solutions, Inc. ECF No.1. Plaintiff and Ocwen Loan Servicing filed a Stipulation of Dismissal with prejudice on January 3, 2017 (ECF No. 38) which was granted on January 4, 2017, dismissing Defendant Ocwen Loan Servicing from the action. ECF No. 39. Plaintiff filed an Amended Complaint on October 13, 2017 (ECF No. 52) and Defendant Experian filed a Motion to Dismiss on October 27, 2017 (ECF No. 54). A hearing was held on that and other motions on August 16, 2018 (ECF No. 114) and the Court granted the motion as it related to Plaintiff’s theory regarding initiation under § 1681i of the Fair Credit Reporting Act (FRCA). Defendant filed the instant motion on February 11, 2019. ECF No. 131. Plaintiff responded on March 18, 2019 (ECF No. 136) and Defendant replied on March 25, 2019 (ECF No. 137).

         III. FACTUAL BACKGROUND

         a. Undisputed Facts

         The Court finds the following facts to be undisputed.

         On or about April 9, 2019, Plaintiff filed for Chapter 13 Bankruptcy. ECF No. 131, ECF No. 52 at 4. On June 22, 2015, Plaintiff sought and received a copy of her consumer disclosure. ECF No. 131 at 3, ECF No. 132 at 3. The disclosure reflected an Ocwen Loan Servicing mortgage account with a balance of $938, 186. ECF No. 131 at 3, ECF No. 52 at 7. The payment history was reported as being 180 days past-due from March 2013 to July 2014. ECF No. 131 at 3, ECF No. 132 at 4. Plaintiff mailed a letter to Experian on July 29, 2015 disputing the reporting on the Ocwen account. ECF No. 132 at 4, ECF No. 131 at 3. On August 10, 2015 Experian sent an Automated Consumer Dispute Verification (“ACDV”) to Ocwen. ECF No. 132 at 4, ECF No. 131 at 4. Ocwen responded to Experian on August 13, 2015. ECF No. 132 at 5, ECF No. 131 at 4. Experian mailed its reinvestigation report to Plaintiff on August 27, 2015 which indicated that it had updated Experian’s reporting of the Ocwen account. ECF No. 132 at 6, ECF No. 131 at 4.

         b. Disputed Facts

         The parties dispute the legal effect of the circumstances described. They also dispute whether the letter Plaintiff sent to Experian on July 29, 2015 identified any factual inaccuracies regarding her Ocwen account. Defendant claims the letter did not identify inaccuracies, ECF No. 131 at 3, while Plaintiff asserts that it did, ECF No. 132 at 7.

         IV. LEGAL STANDARD

         Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); accord Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). When considering the propriety of summary judgment, the court views all facts and draws all inferences in the light most favorable to the nonmoving party. Gonzalez v. City of Anaheim, 747 F.3d 789, 793 (9th Cir. 2014).

         If the movant has carried its burden, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.... Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Scott v. Harris, 550 ...


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