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Qureshi v. Penkhus Motor Co.
United States District Court, D. Colorado
November 16, 2016
HUMZA QURESHI, and LAURYN QURESHI, Plaintiffs,
PENKHUS MOTOR COMPANY, Defendant.
MEMORANDUM OPINION AND ORDER FOR ENTRY OF JUDGMENT IN
FAVOR OF DEFENDANT
Y. Wang, Magistrate Judge
to 28 U.S.C. § 636(c) and the Order of Reference dated
December 29, 2015, [#9], this matter was before the court for
a trial to the court on November 14, 2016. The court took
evidence through testimony and through documents, and at the
close of discovery, Defendant Penkhus Motor Company
(“Penkus Motor Company”) moved orally for
judgment as a matter of law pursuant to Rule 52(c) of the
Federal Rules of Civil Procedure. Consistent with Rule 52(c),
the court declined to render any judgment on the oral Motion
for Judgment as a Matter of Law and took evidence from
Defendant. Fed.R.Civ.P. 52(c) (“The court may, however,
decline to render any judgment until the close of
evidence.”). For the reasons stated below, the court
finds and enters judgment in favor of Defendant Penkhus Motor
to Rule 52(a) of the Federal Rules of Civil Procedure, the
court makes the following findings of fact based on the
evidence presented in the record:
1. Plaintiffs Huzma Qureshi (“Mr. Qureshi”) and
Lauryn Qureshi (“Ms. Qureshi”) are individual
consumers who reside in Colorado Springs, Colorado.
2. In February 2015, the Plaintiffs contacted the Defendant
about potentially purchasing a vehicle.
3. In February 2015, each Plaintiff executed an Application
Statement, granting Penkus Motor Company permission to obtain
their respective credit reports.
4. A sale between the Qureshis and Penkus Motor Company was
not consummated in February 2015.
5. Penkhus Motor Company obtained the credit scores for both
Mr. Qureshi and Ms. Qureshi on or about February 23, 2015.
6. On or about August 4, 2015, Mr. Qureshi contacted Penkhus
Motor Company by telephone about potentially purchasing a
7. On August 4, 2015, one of Defendant's sales
representatives, Jeff Clarke, emailed Mr.
“Glad to hear your (sic) ready to get an Evo. Again
mine (sic) name is Jeff and I will be helping you again. I
understand your (sic) trading in a 2014 Honda this Time
(sic). I will speed the process up by doing a sight unseen
appraisal with you. Please provide the following info: VIN#,
Current Mileage, Exterior and interior colors, All factory
installed equipment. All after market equipment. On a scale
of 1-10 10 being best rate the following: Tires, Glass, Body
Paint, Interior, Mechanical. 2 sets of keys? Clean History
report? Filed an insurance claim on the vehicle? List all
dings and dents. Who is it finance (sic) thru? What is your
payoff? Is all your credit info still the same as far as
8. On August 4, 2015, Mr. Qureshi sent the following e-mail
in reply to Mr. Clarke's correspondence:
Fantastic to hear from you. Thank you for doing this.
Mileage: 20000 Exterior: Blue Interior: Grey All factory is
standard No aftermarket.
Tires 8/10 Glass 9/10 a couple of rock chips no cracking.
Body 9/10 Front lower bumper scrape Paint 9/10 Front lower
bumper scrape Interior 9/10 ...
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