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Bath v. Equifax Information Services LLC

United States District Court, D. Colorado

May 10, 2019

BRIAN EDMOND BATH, a/k/a Brian William Wallace Plaintiff,
v.
EQUIFAX INFORMATION SERVICES LLC, Defendant.

          RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER

          Nina Y. Wang United States Magistrate Judge.

         This matter comes before the court on two motions:

(1) Defendant Equifax's Motion for Summary Judgment ("Motion for Summary Judgment") [#39, filed December 17, 2018]; and
(2) Defendant Equifax Information Services LLC's Motion to Enforce to Enforce the Settlement Agreement ("the Motion to Enforce") [#55, filed March 19, 2019]. These motions are before this Magistrate Judge pursuant to the Order Referring Case dated April 4, 2018 [#13] and the Memoranda dated December 18, 2018 and March 19, 2019, respectively. [#40; #57].

         Plaintiff Brian Edmond Bath ("Plaintiff or "Mr. Bath") responded to the Motion for Summary Judgment [#48], but has not responded to the Motion to Enforce and the time for doing so has lapsed. Nevertheless, this court finds that it is appropriate to proceed. D.C.COLOLCivR 7.1(d). For the reasons stated herein, it is respectfully RECOMMENDED that the Motion to Enforce be GRANTED and that all claims against Equifax be DISMISSED with prejudice, and that the Motion for Summary Judgment be DENIED as moot.

         BACKGROUND

         Mr. Bath initiated this action against Defendant Equifax Information Services LLC ('Defendant" or "Equifax") in Colorado state court in Arapahoe County, Colorado, alleging Fair Credit Reporting Act("FCRA") violations and various state law claims of defamation, negligence, invasion of privacy/false light, and negligence perse.[1] [#10]. As relief, Plaintiff sought $15, 000 in monetary damages and certain injunctive relief, including:

         Grant order for deletion of following accounts:

a) FLORIDA DEPT OF REVENUE, Account #200055****
b) STATE OF COLORADO CHILD, Account# 10568****
c) COLORADO FEDERAL COURT - DENVER, Docket# 1311630 and all of the inaccurate information from Consumer's credit reports and fries and cease reporting the inaccurate information to any and all persons and entities to whom they report consumer credit information

[Id. at 6]. On March 9, 2018, Equifax removed the case to this District, [#l]. In May 2018, this court entered a Scheduling Order in this action. [#21; #22]. Equifax then fried a Motion for Summary Judgment [#39] on December 17, 2018 and while that motion was pending, Equifax and Mr. Bath notified the court that they had reached a settlement agreement. [#50].

         The court then set a deadline for submission of dismissal papers which passed without compliance. [#51; #52]. The court set a Status Conference to address any disputes between the Parties that may have arisen. [#52]. Mr. Bath did not appear at that Status Conference, [2] but Equifax informed this court that the Parties had an enforceable settlement agreement that Equifax would seek to enforce. [#53]. Because this court finds that the Motion to Enforce is dispositive, it proceeds with that analysis.

         LEGAL ...


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