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Qureshi v. Penkhus Motor Co.

United States District Court, D. Colorado

November 16, 2016

HUMZA QURESHI, and LAURYN QURESHI, Plaintiffs,
v.
PENKHUS MOTOR COMPANY, Defendant.

          MEMORANDUM OPINION AND ORDER FOR ENTRY OF JUDGMENT IN FAVOR OF DEFENDANT

          Nina Y. Wang, Magistrate Judge

         Pursuant 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 Company.

         FINDINGS OF FACT

         Pursuant 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 vehicle.
7. On August 4, 2015, one of Defendant's sales representatives, Jeff Clarke, emailed Mr.
Qureshi, stating:
“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 address, employer?
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.
1HGCR2F3XEA120116
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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