Coccaro et al v. Experian Information Solutions, Inc. et al, No. 2:2021cv02183 - Document 20 (D. Nev. 2022)
Court Description: ORDER granting 19 Stipulation; Experian Information Solutions, Inc. amended answer due 6/2/2022. Signed by Magistrate Judge Cam Ferenbach on 5/26/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Coccaro et al v. Experian Information Solutions, Inc. et al 1 2 3 4 5 6 7 Doc. 20 Jennifer L. Braster Nevada Bar No. 9982 Benjamin B. Gordon Nevada Bar No. 15552 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (T) (702) 420-7000 (F) (702) 420-7001 jbraster@nblawnv.com bgordon@nblawnv.com Attorneys for Defendant Experian Information Solutions, Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 PAMELA J. COCCARO AND FRANK M. COCCARO, Plaintiffs, v. EXPERIAN INFORMATION SOLUTIONS, INC., AND TRANS UNION LLC, Case No. 2:21-cv-2183-GMN-VCF DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. AND PLAINTIFFS’ STIPULATION TO AMEND ANSWER Complaint filed: December 10, 2021 Defendants. 17 18 19 20 Defendant Experian Information Solutions, Inc. (“Experian”) and Plaintiffs Pamela J. Coccaro and Frank M. Coccaro (“Plaintiffs”), by and through their respective counsel of record, 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 Dockets.Justia.com 1 hereby stipulate and agree to the filing of Experian’s Amended Answer in the form attached hereto 2 as Exhibit A. 3 Dated this 19th day of May 2022. 4 NAYLOR & BRASTER PRICE LAW GROUP, APC By: /s/ Jennifer L. Braster Jennifer L. Braster Nevada Bar No. 9982 Benjamin B. Gordon Nevada Bar No. 15552 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 By: /s/ Youssef Hammoud Steven A. Alpert Youssef Hammoud (admitted pro hac vice) Price Law Group, APC 5940 S. Rainbow Blvd, Suite 3014 Las Vegas, NV 89118 5 6 7 8 9 10 11 Attorneys for Defendant Experian Information Solutions, Inc. Attorneys for Plaintiffs Pamela J. Coccaro and Frank M. Coccaro 12 13 14 15 16 17 18 ORDER IT IS SO ORDERED. IT IS HEREBY ORDERED that the amended answer must be filed on or before June 2, 2022. UNITED STATES MAGISTRATE JUDGE Dated: 19 20 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 2 of 2 May 26, 2022 ________________ Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 1 of 29 EXHIBIT A – Amended Answer Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 2 of 29 1 2 3 4 5 6 7 Jennifer L. Braster Nevada Bar No. 9982 Benjamin B. Gordon Nevada Bar No. 15552 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (T) (702) 420-7000 (F) (702) 420-7001 jbraster@nblawnv.com bgordon@nblawnv.com Attorneys for Defendant Experian Information Solutions, Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 PAMELA J. COCCARO AND FRANK M. COCCARO, Plaintiffs, v. EXPERIAN INFORMATION SOLUTIONS, INC., AND TRANS UNION LLC, 16 Case No. 2:21-cv-2183-GMN-VCF DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’S AMENDED ANSWER TO PLAINTIFFS’ COMPLAINT Complaint filed: December 10, 2021 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 COMES NOW Defendant Experian Information Solutions, Inc. (“Experian”), by and through its undersigned counsel, and answers Plaintiffs Pamela J. Coccaro and Frank M. Caccaro’s (“Plaintiffs”) Complaint (the “Complaint”) as follows: INTRODUCTION 1. In response to paragraph 1 of the Complaint, Experian admits that the Complaint purports to state claims under the Fair Credit Reporting Act (“FCRA”). Experian also admits that the Complaint seeks damages. Experian denies that it has violated the FCRA and denies that it is liable to Plaintiffs for any alleged damages. Experian also admits that the allegations contained Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 3 of 29 1 therein appear to describe a portion of the FCRA. Experian affirmatively states that the FCRA 2 speaks for itself and, on that basis, denies any allegations of paragraph 1 inconsistent therewith. 3 4 JURISDICTION AND VENUE 2. In response to paragraph 2 of the Complaint, Experian admits that Plaintiffs have 5 alleged jurisdiction based on 28 U.S.C. § 1331 and 15 U.S.C. § 1681p. Experian states that this is 6 a legal conclusion which is not subject to denial or admission. 7 3. In response to paragraph 3 of the Complaint, Experian admits that Plaintiffs have 8 alleged that venue in this district is proper pursuant to 28 U.S.C § 1391. Experian further admits 9 that Plaintiffs have alleged that the Court has personal jurisdiction over Experian. Experian states 10 that these are legal conclusions which are not subject to denial or admission. Experian admits that 11 it is qualified to do business and conducts business in the State of Idaho. As to the remaining 12 allegations in paragraph 3 of the Complaint, Experian does not have knowledge or information 13 sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally 14 and specifically, each and every remaining allegation of paragraph 3 of the Complaint. 15 16 17 18 PARTIES 4. In response to paragraph 4 of the Complaint, Experian repeats, realleges, and incorporates by reference paragraphs 1 through 3 above, as though fully set forth herein. 5. In response to paragraph 5 of the Complaint, Experian is without knowledge or 19 information sufficient to form a belief as to the truth of the allegations contained therein and, on 20 that basis, denies, generally and specifically, each and every allegation contained therein. 21 22 23 6. In response to paragraph 6 of the Complaint, Experian admits that Plaintiffs are “consumers” as defined by 15 U.S.C. § 1681a(c). 7. In response to paragraph 7 of the Complaint, Experian admits that it is a consumer 24 reporting agency as defined by 15 U.S.C. § 1681a(f) and, as such, issues consumer reports as 25 defined by 15 U.S.C. § 1681a(d). Experian further admits that its principal place of business is 26 located in Costa Mesa, California. Except as specifically admitted, Experian denies, generally and 27 specifically, each and every remaining allegation of paragraph 7 of the Complaint. 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 2 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 4 of 29 1 8. In response to paragraph 8 of the Complaint, Experian is without knowledge or 2 information sufficient to form a belief as to the truth of the allegations contained therein and, on 3 that basis, denies, generally and specifically, each and every allegation contained therein. 4 5 6 9. In response to paragraph 9 of the Complaint, Experian admits that it is qualified to do business and conducts business in the State of Nevada. 10. In response to paragraph 10 of the Complaint, Experian admits that it is a consumer 7 reporting agency as defined by 15 U.S.C. § 1681a(f) and, as such, issues consumer reports as 8 defined by 15 U.S.C. § 1681a(d). Experian denies any allegations of paragraph 10 inconsistent 9 therewith. 10 11. In response to paragraph 11 of the Complaint, Experian is without knowledge or 11 information sufficient to form a belief as to the truth of the allegations contained therein and, on 12 that basis, denies, generally and specifically, each and every allegation contained therein. 13 12. In response to paragraph 12 of the Complaint, Experian denies, generally and 14 specifically, each and every allegation contained therein that relates to Experian. As to the 15 allegations in paragraph 12 of the Complaint that relate to the other defendant, Experian does not 16 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 17 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 18 12 of the Complaint. 19 20 21 22 FACTUAL BACKGROUND 13. In response to paragraph 13 of the Complaint, Experian repeats, realleges, and incorporates by reference paragraphs 1 through 12 above, as though fully set forth herein. 14. In response to paragraph 14 of the Complaint, Experian states that the FCRA and 23 its legislative history speak for themselves and, on that basis, denies any allegations of 24 paragraph 14 inconsistent therewith. 25 15. In response to paragraph 15 of the Complaint, Experian states that the FCRA and 26 its legislative history speak for themselves and, on that basis, denies any allegations of 27 paragraph 15 inconsistent therewith. 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 3 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 5 of 29 1 16. In response to paragraph 16 of the Complaint, Experian states that the FCRA and 2 its legislative history speak for themselves and, on that basis, denies any allegations of 3 paragraph 16 inconsistent therewith. 4 17. In response to paragraph 17, of the Complaint, Experian admits that it is a consumer 5 reporting agency as defined by 15 U.S.C. § 1681a(f) and, as such, issues consumer reports as 6 defined by 15 U.S.C. § 1681a(d). Experian denies any allegations of paragraph 17 inconsistent 7 therewith. 8 18. In response to paragraph 18 of the Complaint, Experian is without knowledge or 9 information sufficient to form a belief as to the truth of the allegations contained therein and, on 10 that basis, denies, generally and specifically, each and every allegation contained therein that 11 relates to Experian. As to the allegations in paragraph 18 of the Complaint that relate to the other 12 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 13 truth of those allegations and, on that basis, denies, generally and specifically, each and every 14 remaining allegation of paragraph 18 of the Complaint. 15 19. In response to paragraph 19 of the Complaint, Experian states its consumer reports 16 can contain a variety of information including identifying information, tradeline information, 17 public record information, and certain inquiry information, as allowed by the FCRA depending on 18 the circumstances related to the creation of the consumer report. Except as specifically admitted, 19 Experian denies the remaining allegations of paragraph 19 of the Complaint that relate to Experian. 20 As to the allegations in paragraph 19 of the Complaint that relate to the other defendant, Experian 21 does not have knowledge or information sufficient to form a belief as to the truth of those 22 allegations and, on that basis, denies, generally and specifically, each and every remaining 23 allegation of paragraph 19 of the Complaint. 24 20. In response to paragraph 20 of the Complaint, Experian admits that it obtains 25 consumer credit information from data furnishers. Experian further admits that it obtains certain 26 public records from a data vendor. Except as specifically admitted, Experian denies the remaining 27 allegations of paragraph 20 of the Complaint that relate to Experian. As to the allegations in 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 4 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 6 of 29 1 paragraph 20 of the Complaint that relate to the other defendant, Experian does not have 2 knowledge or information sufficient to form a belief as to the truth of those allegations and, on that 3 basis, denies, generally and specifically, each and every remaining allegation of paragraph 20 of 4 the Complaint. 5 21. In response to paragraph 21 of the Complaint, Experian admits that it obtains 6 certain public records from a data vendor, including consumer bankruptcy information. Experian 7 further admits that such information may be incorporated into consumer reports. Except as 8 specifically admitted, Experian denies the remaining allegations of paragraph 21 of the Complaint 9 that relate to Experian. As to the allegations in paragraph 21 of the Complaint that relate to the 10 other defendant, Experian does not have knowledge or information sufficient to form a belief as 11 to the truth of those allegations and, on that basis, denies, generally and specifically, each and 12 every remaining allegation of paragraph 21 of the Complaint. 13 22. In response to paragraph 22 of the Complaint, Experian denies, generally and 14 specifically, each and every allegation contained therein that relates to Experian. As to the 15 allegations in paragraph 22 of the Complaint that relate to the other defendant, Experian does not 16 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 17 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 18 22 of the Complaint. 19 23. In response to paragraph 23 of the Complaint, Experian denies, generally and 20 specifically, each and every allegation contained therein that relates to Experian. As to the 21 allegations in paragraph 23 of the Complaint that relate to the other defendant, Experian does not 22 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 23 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 24 23 of the Complaint. 25 24. In response to paragraph 24 of the Complaint, Experian denies, generally and 26 specifically, each and every allegation contained therein that relates to Experian. As to the 27 allegations in paragraph 24 of the Complaint that relate to the other defendant, Experian does not 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 5 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 7 of 29 1 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 2 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 3 24 of the Complaint. 4 25. In response to paragraph 25 of the Complaint, Experian is without knowledge or 5 information sufficient to form a belief as to the truth of the allegations contained therein and, on 6 that basis, denies, generally and specifically, each and every allegation contained therein that 7 relates to Experian. As to the allegations in paragraph 25 of the Complaint that relate to the other 8 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 9 truth of those allegations and, on that basis, denies, generally and specifically, each and every 10 11 remaining allegation of paragraph 25 of the Complaint. 26. In response to paragraph 26 of the Complaint, Experian is without knowledge or 12 information sufficient to form a belief as to the truth of the allegations contained therein and, on 13 that basis, denies, generally and specifically, each and every allegation contained therein that 14 relates to Experian. As to the allegations in paragraph 26 of the Complaint that relate to the other 15 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 16 truth of those allegations and, on that basis, denies, generally and specifically, each and every 17 remaining allegation of paragraph 26 of the Complaint. 18 27. In response to paragraph 27 of the Complaint, Experian is without knowledge or 19 information sufficient to form a belief as to the truth of the allegations contained therein and, on 20 that basis, denies, generally and specifically, each and every allegation contained therein that 21 relates to Experian. As to the allegations in paragraph 27 of the Complaint that relate to the other 22 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 23 truth of those allegations and, on that basis, denies, generally and specifically, each and every 24 remaining allegation of paragraph 27 of the Complaint. 25 28. In response to paragraph 28 of the Complaint, Experian is without knowledge or 26 information sufficient to form a belief as to the truth of the allegations contained therein and, on 27 that basis, denies, generally and specifically, each and every allegation contained therein that 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 6 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 8 of 29 1 relates to Experian. As to the allegations in paragraph 28 of the Complaint that relate to the other 2 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 3 truth of those allegations and, on that basis, denies, generally and specifically, each and every 4 remaining allegation of paragraph 28 of the Complaint. 5 29. In response to paragraph 29 of the Complaint, Experian is without knowledge or 6 information sufficient to form a belief as to the truth of the allegations contained therein and, on 7 that basis, denies, generally and specifically, each and every allegation contained therein that 8 relates to Experian. As to the allegations in paragraph 29 of the Complaint that relate to the other 9 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 10 truth of those allegations and, on that basis, denies, generally and specifically, each and every 11 remaining allegation of paragraph 29 of the Complaint. 12 30. In response to paragraph 30 of the Complaint, Experian is without knowledge or 13 information sufficient to form a belief as to the truth of the allegations contained therein, including 14 all subparts, and, on that basis, denies, generally and specifically, each and every allegation 15 contained therein, including all subparts that relates to Experian. As to the allegations in paragraph 16 30 of the Complaint that relate to the other defendant, Experian does not have knowledge or 17 information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, 18 generally and specifically, each and every remaining allegation of paragraph 30 of the Complaint. 19 31. In response to paragraph 31 of the Complaint, Experian is without knowledge or 20 information sufficient to form a belief as to the truth of the allegations contained therein and, on 21 that basis, denies, generally and specifically, each and every allegation contained therein that 22 relates to Experian. As to the allegations in paragraph 31 of the Complaint that relate to the other 23 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 24 truth of those allegations and, on that basis, denies, generally and specifically, each and every 25 remaining allegation of paragraph 31 of the Complaint. 26 27 32. In response to paragraph 32 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, on 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 7 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 9 of 29 1 that basis, denies, generally and specifically, each and every allegation contained therein that 2 relates to Experian. As to the allegations in paragraph 32 of the Complaint that relate to the other 3 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 4 truth of those allegations and, on that basis, denies, generally and specifically, each and every 5 remaining allegation of paragraph 32 of the Complaint. 6 33. In response to paragraph 33 of the Complaint, Experian is without knowledge or 7 information sufficient to form a belief as to the truth of the allegations contained therein and, on 8 that basis, denies, generally and specifically, each and every allegation contained therein that 9 relates to Experian. As to the allegations in paragraph 33 of the Complaint that relate to the other 10 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 11 truth of those allegations and, on that basis, denies, generally and specifically, each and every 12 remaining allegation of paragraph 33 of the Complaint. 13 34. In response to paragraph 34 of the Complaint, Experian is without knowledge or 14 information sufficient to form a belief as to the truth of the allegations contained therein and, on 15 that basis, denies, generally and specifically, each and every allegation contained therein that 16 relates to Experian. As to the allegations in paragraph 34 of the Complaint that relate to the other 17 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 18 truth of those allegations and, on that basis, denies, generally and specifically, each and every 19 remaining allegation of paragraph 34 of the Complaint. 20 35. In response to paragraph 35 of the Complaint, Experian is without knowledge or 21 information sufficient to form a belief as to the truth of the allegations contained therein and, on 22 that basis, denies, generally and specifically, each and every allegation contained therein that 23 relates to Experian. As to the allegations in paragraph 35 of the Complaint that relate to the other 24 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 25 truth of those allegations and, on that basis, denies, generally and specifically, each and every 26 remaining allegation of paragraph 35 of the Complaint. 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 8 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 10 of 29 1 36. In response to paragraph 36 of the Complaint, Experian is without knowledge or 2 information sufficient to form a belief as to the truth of the allegations contained therein and, on 3 that basis, denies, generally and specifically, each and every allegation contained therein that 4 relates to Experian. As to the allegations in paragraph 36 of the Complaint that relate to the other 5 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 6 truth of those allegations and, on that basis, denies, generally and specifically, each and every 7 remaining allegation of paragraph 36 of the Complaint. 8 37. In response to paragraph 37 of the Complaint, Experian denies, generally and 9 specifically, each and every allegation contained therein that relates to Experian. As to the 10 allegations in paragraph 37 of the Complaint that relate to the other defendant, Experian does not 11 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 12 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 13 37 of the Complaint. 14 38. In response to paragraph 38 of the Complaint, Experian denies, generally and 15 specifically, each and every allegation contained therein that relates to Experian. As to the 16 allegations in paragraph 38 of the Complaint that relate to the other defendant, Experian does not 17 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 18 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 19 38 of the Complaint. 20 39. In response to paragraph 39 of the Complaint, Experian denies, generally and 21 specifically, each and every allegation contained therein that relates to Experian. As to the 22 allegations in paragraph 39 of the Complaint that relate to the other defendant, Experian does not 23 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 24 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 25 39 of the Complaint. 26 27 40. In response to paragraph 40 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, on 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 9 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 11 of 29 1 that basis, denies, generally and specifically, each and every allegation contained therein that 2 relates to Experian. As to the allegations in paragraph 40 of the Complaint that relate to the other 3 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 4 truth of those allegations and, on that basis, denies, generally and specifically, each and every 5 remaining allegation of paragraph 40 of the Complaint. 6 41. In response to paragraph 41 of the Complaint, Experian is without knowledge or 7 information sufficient to form a belief as to the truth of the allegations contained therein and, on 8 that basis, denies, generally and specifically, each and every allegation contained therein that 9 relates to Experian. As to the allegations in paragraph 41 of the Complaint that relate to the other 10 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 11 truth of those allegations and, on that basis, denies, generally and specifically, each and every 12 remaining allegation of paragraph 41 of the Complaint. 13 42. In response to paragraph 42 of the Complaint, Experian denies, generally and 14 specifically, each and every allegation contained therein that relates to Experian. As to the 15 allegations in paragraph 42 of the Complaint that relate to the other defendant, Experian does not 16 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 17 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 18 42 of the Complaint. 19 43. In response to paragraph 43 of the Complaint, Experian denies, generally and 20 specifically, each and every allegation contained therein that relates to Experian. As to the 21 allegations in paragraph 43 of the Complaint that relate to the other defendant, Experian does not 22 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 23 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 24 43 of the Complaint. 25 44. In response to paragraph 44 of the Complaint, Experian denies, generally and 26 specifically, each and every allegation contained therein that relates to Experian. As to the 27 allegations in paragraph 44 of the Complaint that relate to the other defendant, Experian does not 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 10 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 12 of 29 1 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 2 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 3 44 of the Complaint. 4 45. In response to paragraph 45 of the Complaint, Experian denies, generally and 5 specifically, each and every allegation contained therein that relates to Experian. As to the 6 allegations in paragraph 45 of the Complaint that relate to the other defendant, Experian does not 7 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 8 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 9 45 of the Complaint. 10 46. In response to paragraph 46 of the Complaint, Experian denies, generally and 11 specifically, each and every allegation contained therein that relates to Experian. As to the 12 allegations in paragraph 46 of the Complaint that relate to the other defendant, Experian does not 13 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 14 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 15 46 of the Complaint. 16 47. In response to paragraph 47 of the Complaint, Experian denies, generally and 17 specifically, each and every allegation contained therein that relates to Experian. As to the 18 allegations in paragraph 47 of the Complaint that relate to the other defendant, Experian does not 19 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 20 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 21 47 of the Complaint. 22 48. In response to paragraph 48 of the Complaint, Experian denies, generally and 23 specifically, each and every allegation contained therein that relates to Experian. As to the 24 allegations in paragraph 48 of the Complaint that relate to the other defendant, Experian does not 25 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 26 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 27 48 of the Complaint. 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 11 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 13 of 29 1 49. In response to paragraph 49 of the Complaint, Experian is without knowledge or 2 information sufficient to form a belief as to the truth of the allegations contained therein and, on 3 that basis, denies, generally and specifically, each and every allegation contained therein that 4 relates to Experian. As to the allegations in paragraph 49 of the Complaint that relate to the other 5 defendant, Experian does not have knowledge or information sufficient to form a belief as to the 6 truth of those allegations and, on that basis, denies, generally and specifically, each and every 7 remaining allegation of paragraph 49 of the Complaint. 8 50. In response to paragraph 50 of the Complaint, Experian denies, generally and 9 specifically, each and every allegation contained therein that relates to Experian. As to the 10 allegations in paragraph 50 of the Complaint that relate to the other defendant, Experian does not 11 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 12 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 13 50 of the Complaint. 14 15 ALLEGATIONS SPECIFIC TO CREDIT REPORTING OF PLAINTIFFS 51. In response to paragraph 51 of the Complaint, Experian is without knowledge or 16 information sufficient to form a belief as to the truth of the allegations contained in paragraph 51 17 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 18 contained therein. 19 52. In response to paragraph 52 of the Complaint, Experian is without knowledge or 20 information sufficient to form a belief as to the truth of the allegations contained in paragraph 52 21 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 22 contained therein. 23 53. In response to paragraph 53 of the Complaint, Experian is without knowledge or 24 information sufficient to form a belief as to the truth of the allegations contained in paragraph 53 25 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 26 contained therein. 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 12 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 14 of 29 1 54. In response to paragraph 54 of the Complaint, Experian is without knowledge or 2 information sufficient to form a belief as to the truth of the allegations contained in paragraph 54 3 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 4 contained therein that relates to Experian. As to the allegations in paragraph 54 of the Complaint 5 that relate to the other defendant, Experian does not have knowledge or information sufficient to 6 form a belief as to the truth of those allegations and, on that basis, denies, generally and 7 specifically, each and every remaining allegation of paragraph 54 of the Complaint. 8 55. In response to paragraph 55 of the Complaint, Experian is without knowledge or 9 information sufficient to form a belief as to the truth of the allegations contained in paragraph 55 10 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 11 contained therein that relates to Experian. As to the allegations in paragraph 55 of the Complaint 12 that relate to the other defendant, Experian does not have knowledge or information sufficient to 13 form a belief as to the truth of those allegations and, on that basis, denies, generally and 14 specifically, each and every remaining allegation of paragraph 55 of the Complaint. 15 56. In response to paragraph 56 of the Complaint, Experian is without knowledge or 16 information sufficient to form a belief as to the truth of the allegations contained in paragraph 56 17 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 18 contained therein that relates to Experian. As to the allegations in paragraph 56 of the Complaint 19 that relate to the other defendant, Experian does not have knowledge or information sufficient to 20 form a belief as to the truth of those allegations and, on that basis, denies, generally and 21 specifically, each and every remaining allegation of paragraph 56 of the Complaint. 22 57. In response to paragraph 57 of the Complaint, Experian is without knowledge or 23 information sufficient to form a belief as to the truth of the allegations contained in paragraph 57 24 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 25 contained therein that relates to Experian. As to the allegations in paragraph 57 of the Complaint 26 that relate to the other defendant, Experian does not have knowledge or information sufficient to 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 13 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 15 of 29 1 form a belief as to the truth of those allegations and, on that basis, denies, generally and 2 specifically, each and every remaining allegation of paragraph 57 of the Complaint. 3 4 5 6 7 8 9 58. In response to paragraph 58 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 59. In response to paragraph 59 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 60. In response to paragraph 60 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 61. In response to paragraph 61 of the Complaint, Experian denies, generally and 10 specifically, each and every allegation contained therein that relates to Experian. As to the 11 allegations in paragraph 61 of the Complaint that relate to the other defendant, Experian does not 12 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 13 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 14 61 of the Complaint. 15 62. In response to paragraph 62 of the Complaint, Experian denies, generally and 16 specifically, each and every allegation contained therein that relates to Experian. As to the 17 allegations in paragraph 62 of the Complaint that relate to the other defendant, Experian does not 18 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 19 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 20 62 of the Complaint. 21 63. In response to paragraph 63 of the Complaint, Experian denies, generally and 22 specifically, each and every allegation contained therein that relates to Experian. As to the 23 allegations in paragraph 63 of the Complaint that relate to the other defendant, Experian does not 24 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 25 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 26 63 of the Complaint. 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 14 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 16 of 29 1 64. In response to paragraph 64 of the Complaint, Experian admits that as of the filing 2 of the Complaint, the Account was reporting as “Open/Never Late” with a balance and a status 3 date of “Oct 2020.” As to the other allegations in paragraph 64 of the Complaint that relate to 4 Experian, Experian denies, generally and specifically, each and every allegation contained therein. 5 As to the allegations in paragraph 64 of the Complaint that relate to the other defendant, Experian 6 does not have knowledge or information sufficient to form a belief as to the truth of those 7 allegations and, on that basis, denies, generally and specifically, each and every remaining 8 allegation of paragraph 64 of the Complaint. 9 65. In response to paragraph 65 of the Complaint, Experian is without knowledge or 10 information sufficient to form a belief as to the truth of the allegations contained in paragraph 65 11 of the Complaint and, on that basis, denies, generally and specifically, each and every allegation 12 contained therein that relates to Experian. As to the allegations in paragraph 65 of the Complaint 13 that relate to the other defendant, Experian does not have knowledge or information sufficient to 14 form a belief as to the truth of those allegations and, on that basis, denies, generally and 15 specifically, each and every remaining allegation of paragraph 65 of the Complaint. 16 66. In response to paragraph 66 of the Complaint, Experian admits that as of the filing 17 of the Complaint, the Account was reporting as “Open/Never Late” with a balance and a status 18 date of “Oct 2020.” As to the other allegations in paragraph 66 of the Complaint that relate to 19 Experian, Experian denies, generally and specifically, each and every allegation contained therein. 20 As to the allegations in paragraph 66 of the Complaint that relate to the other defendant, Experian 21 does not have knowledge or information sufficient to form a belief as to the truth of those 22 allegations and, on that basis, denies, generally and specifically, each and every remaining 23 allegation of paragraph 66 of the Complaint. 24 67. In response to paragraph 67 of the Complaint, Experian denies, generally and 25 specifically, each and every allegation contained therein that relates to Experian. As to the 26 allegations in paragraph 67 of the Complaint that relate to the other defendant, Experian does not 27 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 15 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 17 of 29 1 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 2 67 of the Complaint. 3 68. In response to paragraph 68 of the Complaint, Experian denies, generally and 4 specifically, each and every allegation contained therein that relates to Experian. As to the 5 allegations in paragraph 68 of the Complaint that relate to the other defendant, Experian does not 6 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 7 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 8 68 of the Complaint. 9 69. In response to paragraph 69 of the Complaint, Experian denies, generally and 10 specifically, each and every allegation contained therein that relates to Experian. As to the 11 allegations in paragraph 69 of the Complaint that relate to the other defendant, Experian does not 12 have knowledge or information sufficient to form a belief as to the truth of those allegations and, 13 on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 14 69 of the Complaint. 15 70. In response to paragraph 70 of the Complaint, Experian does not have knowledge 16 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 17 denies, generally and specifically, each and every allegation of paragraph 70 of the Complaint. 18 71. In response to paragraph 71 of the Complaint, Experian does not have knowledge 19 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 20 denies, generally and specifically, each and every allegation of paragraph 71 of the Complaint that 21 relates to Experian. As to the allegations in paragraph 71 that relate to the other defendant, 22 Experian does not have knowledge or information sufficient to form a belief as to the truth of those 23 allegations and, on that basis, denies, generally and specifically, each and every remaining 24 allegation of paragraph 71 of the Complaint. 25 72. In response to paragraph 72 of the Complaint, Experian denies, generally and 26 specifically, each and every allegation contained therein that relates to Experian. As to the 27 allegations in paragraph 72 that relate to the other defendant, Experian does not have knowledge 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 16 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 18 of 29 1 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 2 denies, generally and specifically, each and every remaining allegation of paragraph 72 of the 3 Complaint. 4 73. In response to paragraph 73 of the Complaint, Experian denies, generally and 5 specifically, each and every allegation contained therein that relates to Experian. As to the 6 allegations in paragraph 73 that relate to the other defendant, Experian does not have knowledge 7 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 8 denies, generally and specifically, each and every remaining allegation of paragraph 73 of the 9 Complaint. 10 74. 11 12 In response to paragraph 74 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 75. In response to paragraph 75 of the Complaint, Experian denies, generally and 13 specifically, each and every allegation contained therein that relates to Experian. As to the 14 allegations in paragraph 75 that relate to the other defendant, Experian does not have knowledge 15 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 16 denies, generally and specifically, each and every remaining allegation of paragraph 75 of the 17 Complaint. 18 76. In response to paragraph 76 of the Complaint, Experian denies, generally and 19 specifically, each and every allegation contained therein that relates to Experian. As to the 20 allegations in paragraph 76 that relate to the other defendant, Experian does not have knowledge 21 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 22 denies, generally and specifically, each and every remaining allegation of paragraph 76 of the 23 Complaint. 24 77. In response to paragraph 77 of the Complaint, Experian denies, generally and 25 specifically, each and every allegation contained therein that relates to Experian. As to the 26 allegations in paragraph 77 that relate to the other defendant, Experian does not have knowledge 27 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 17 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 19 of 29 1 denies, generally and specifically, each and every remaining allegation of paragraph 77 of the 2 Complaint. 3 78. In response to paragraph 78 of the Complaint, Experian denies, generally and 4 specifically, each and every allegation contained therein that relates to Experian. As to the 5 allegations in paragraph 78 that relate to the other defendant, Experian does not have knowledge 6 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 7 denies, generally and specifically, each and every remaining allegation of paragraph 78 of the 8 Complaint. 9 79. In response to paragraph 79 of the Complaint, Experian denies, generally and 10 specifically, each and every allegation contained therein that relates to Experian. As to the 11 allegations in paragraph 79 that relate to the other defendant, Experian does not have knowledge 12 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 13 denies, generally and specifically, each and every remaining allegation of paragraph 79 of the 14 Complaint. 15 80. In response to paragraph 80 of the Complaint, Experian denies, generally and 16 specifically, each and every allegation contained therein that relates to Experian. As to the 17 allegations in paragraph 80 that relate to the other defendant, Experian does not have knowledge 18 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 19 denies, generally and specifically, each and every remaining allegation of paragraph 80 of the 20 Complaint. 21 22 PLAINTIFFS’ DAMAGES 81. In response to paragraph 81 of the Complaint, Experian is without knowledge or 23 information sufficient to form a belief as to the truth of the allegations contained therein and, on 24 that basis, denies, generally and specifically, each and every allegation contained therein. 25 82. In response to paragraph 82 of the Complaint, Experian is without knowledge or 26 information sufficient to form a belief as to the truth of the allegations contained therein and, on 27 that basis, denies, generally and specifically, each and every allegation contained therein. 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 18 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 20 of 29 1 2 3 4 83. In response to paragraph 83 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 84. In response to paragraph 84 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 5 COUNT I 6 Violations of the FCRA, 15 U.S.C. § 1681e(b) 7 8 9 85. In response to paragraph 85 of the Complaint, Experian repeats, re-alleges, and incorporates by reference paragraphs 1 through 84 above, as though fully set forth herein. 86. In response to paragraph 86 of the Complaint, Experian states that the FCRA and 10 its legislative history speak for themselves and, on that basis, denies any allegations of 11 paragraph 86 inconsistent therewith. 12 13 14 87. In response to paragraph 87 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein. 88. In response to paragraph 88 of the Complaint, Experian is without knowledge or 15 information sufficient to form a belief as to the truth of the allegations contained therein and, on 16 that basis, denies, generally and specifically, each and every allegation contained therein that 17 relates to Experian. As to the allegations in paragraph 88 that relate to the other defendant, 18 Experian does not have knowledge or information sufficient to form a belief as to the truth of those 19 allegations and, on that basis, denies, generally and specifically, each and every remaining 20 allegation of paragraph 88 of the Complaint. 21 89. In response to paragraph 89 of the Complaint, Experian is without knowledge or 22 information sufficient to form a belief as to the truth of the allegations contained therein and, on 23 that basis, denies, generally and specifically, each and every allegation contained therein. 24 Furthermore, to the extent that paragraph 89 of the Complaint purports to state the terms of the 25 FCRA, Experian states that the FCRA speaks for itself and, on that basis, denies any allegations 26 of paragraph 89 inconsistent therewith. 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 19 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 21 of 29 1 90. In response to paragraph 90 of the Complaint, Experian is without knowledge or 2 information sufficient to form a belief as to the truth of the allegations contained therein and, on 3 that basis, denies, generally and specifically, each and every allegation contained therein that 4 relates to Experian. As to the allegations in paragraph 90 that relate to the other defendant, 5 Experian does not have knowledge or information sufficient to form a belief as to the truth of those 6 allegations and, on that basis, denies, generally and specifically, each and every remaining 7 allegation of paragraph 90 of the Complaint. 8 91. In response to paragraph 91 of the Complaint, Experian is without knowledge or 9 information sufficient to form a belief as to the truth of the allegations contained therein and, on 10 that basis, denies, generally and specifically, each and every allegation contained therein that 11 relates to Experian. As to the allegations in paragraph 91 that relate to the other defendant, 12 Experian does not have knowledge or information sufficient to form a belief as to the truth of those 13 allegations and, on that basis, denies, generally and specifically, each and every remaining 14 allegation of paragraph 91 of the Complaint. 15 92. In response to paragraph 92 of the Complaint, Experian is without knowledge or 16 information sufficient to form a belief as to the truth of the allegations contained therein and, on 17 that basis, denies, generally and specifically, each and every allegation contained therein that 18 relates to Experian. As to the allegations in paragraph 92 that relate to the other defendant, 19 Experian does not have knowledge or information sufficient to form a belief as to the truth of those 20 allegations and, on that basis, denies, generally and specifically, each and every remaining 21 allegation of paragraph 92 of the Complaint. 22 93. In response to paragraph 93 of the Complaint, Experian denies, generally and 23 specifically, each and every allegation contained therein that relates to Experian. As to the 24 allegations in paragraph 93 that relate to the other defendant, Experian does not have knowledge 25 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 26 denies, generally and specifically, each and every remaining allegation of paragraph 93 of the 27 Complaint. 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 20 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 22 of 29 1 94. In response to paragraph 94 of the Complaint, Experian denies, generally and 2 specifically, each and every allegation contained therein that relates to Experian. As to the 3 allegations in paragraph 94 that relate to the other defendant, Experian does not have knowledge 4 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 5 denies, generally and specifically, each and every remaining allegation of paragraph 94 of the 6 Complaint. 7 95. In response to paragraph 95 of the Complaint, Experian denies, generally and 8 specifically, each and every allegation contained therein. Experian further states that the FCRA 9 and other legal authorities speak for themselves and, on that basis, denies any allegations of 10 11 paragraph 95 inconsistent therewith. 96. In response to paragraph 96 of the Complaint, Experian denies, generally and 12 specifically, each and every allegation contained therein that relates to Experian. As to the 13 allegations in paragraph 96 that relate to the other defendant, Experian does not have knowledge 14 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 15 denies, generally and specifically, each and every remaining allegation of paragraph 96 of the 16 Complaint. 17 97. In response to paragraph 97 of the Complaint, Experian denies, generally and 18 specifically, each and every allegation contained therein that relates to Experian. As to the 19 allegations in paragraph 97 that relate to the other defendant, Experian does not have knowledge 20 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 21 denies, generally and specifically, each and every remaining allegation of paragraph 97 of the 22 Complaint. 23 98. In response to paragraph 98 of the Complaint, Experian denies, generally and 24 specifically, each and every allegation contained therein that relates to Experian. As to the 25 allegations in paragraph 98 that relate to the other defendant, Experian does not have knowledge 26 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 21 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 23 of 29 1 denies, generally and specifically, each and every remaining allegation of paragraph 98 of the 2 Complaint. 3 99. In response to paragraph 99 of the Complaint, Experian denies, generally and 4 specifically, each and every allegation contained therein that relates to Experian. As to the 5 allegations in paragraph 99 that relate to the other defendant, Experian does not have knowledge 6 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 7 denies, generally and specifically, each and every remaining allegation of paragraph 99 of the 8 Complaint. 9 100. In response to paragraph 100 of the Complaint, Experian denies, generally and 10 specifically, each and every allegation contained therein that relates to Experian. As to the 11 allegations in paragraph 100 that relate to the other defendant, Experian does not have knowledge 12 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 13 denies, generally and specifically, each and every remaining allegation of paragraph 100 of the 14 Complaint. 15 101. In response to paragraph 101 of the Complaint, Experian denies, generally and 16 specifically, each and every allegation contained therein that relates to Experian. As to the 17 allegations in paragraph 101 that relate to the other defendant, Experian does not have knowledge 18 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 19 denies, generally and specifically, each and every remaining allegation of paragraph 101 of the 20 Complaint. 21 102. In response to paragraph 102 of the Complaint, Experian denies, generally and 22 specifically, each and every allegation contained therein that relates to Experian. As to the 23 allegations in paragraph 102 that relate to the other defendant, Experian does not have knowledge 24 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 25 denies, generally and specifically, each and every remaining allegation of paragraph 102 of the 26 Complaint. 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 22 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 24 of 29 1 103. In response to paragraph 103 of the Complaint, Experian denies, generally and 2 specifically, each and every allegation contained therein that relates to Experian. As to the 3 allegations in paragraph 103 that relate to the other defendant, Experian does not have knowledge 4 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 5 denies, generally and specifically, each and every remaining allegation of paragraph 103 of the 6 Complaint. 7 104. In response to paragraph 104 of the Complaint, Experian denies, generally and 8 specifically, each and every allegation contained therein that relates to Experian. As to the 9 allegations in paragraph 104 that relate to the other defendant, Experian does not have knowledge 10 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 11 denies, generally and specifically, each and every remaining allegation of paragraph 104 of the 12 Complaint. 13 105. In response to paragraph 105 of the Complaint, Experian denies, generally and 14 specifically, each and every allegation contained therein that relates to Experian. As to the 15 allegations in paragraph 105 that relate to the other defendant, Experian does not have knowledge 16 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 17 denies, generally and specifically, each and every remaining allegation of paragraph 105 of the 18 Complaint. 19 106. In response to paragraph 106 of the Complaint, Experian denies, generally and 20 specifically, each and every allegation contained therein that relates to Experian. As to the 21 allegations in paragraph 106 that relate to the other defendant, Experian does not have knowledge 22 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 23 denies, generally and specifically, each and every remaining allegation of paragraph 106 of the 24 Complaint. 25 107. In response to paragraph 107 of the Complaint, Experian denies, generally and 26 specifically, each and every allegation contained therein that relates to Experian. As to the 27 allegations in paragraph 107 that relate to the other defendant, Experian does not have knowledge 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 23 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 25 of 29 1 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 2 denies, generally and specifically, each and every remaining allegation of paragraph 107 of the 3 Complaint. 4 108. In response to paragraph 108 of the Complaint, Experian denies, generally and 5 specifically, each and every allegation contained therein that relates to Experian. As to the 6 allegations in paragraph 108 that relate to the other defendant, Experian does not have knowledge 7 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 8 denies, generally and specifically, each and every remaining allegation of paragraph 108 of the 9 Complaint. 10 109. In response to paragraph 109 of the Complaint, Experian denies, generally and 11 specifically, each and every allegation contained therein that relates to Experian. As to the 12 allegations in paragraph 109 that relate to the other defendant, Experian does not have knowledge 13 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 14 denies, generally and specifically, each and every remaining allegation of paragraph 109 of the 15 Complaint. 16 110. In response to paragraph 110 of the Complaint, Experian denies, generally and 17 specifically, each and every allegation contained therein that relates to Experian. As to the 18 allegations in paragraph 110 that relate to the other defendant, Experian does not have knowledge 19 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 20 denies, generally and specifically, each and every remaining allegation of paragraph 110 of the 21 Complaint. 22 111. In response to paragraph 111 of the Complaint, Experian denies, generally and 23 specifically, each and every allegation contained therein that relates to Experian. As to the 24 allegations in paragraph 111 that relate to the other defendant, Experian does not have knowledge 25 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 26 denies, generally and specifically, each and every remaining allegation of paragraph 111 of the 27 Complaint. 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 24 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 26 of 29 1 112. In response to paragraph 112 of the Complaint, Experian denies, generally and 2 specifically, each and every allegation contained therein that relates to Experian. As to the 3 allegations in paragraph 112 that relate to the other defendant, Experian does not have knowledge 4 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 5 denies, generally and specifically, each and every remaining allegation of paragraph 112 of the 6 Complaint. 7 113. In response to paragraph 113 of the Complaint, Experian denies, generally and 8 specifically, each and every allegation contained therein that relates to Experian. As to the 9 allegations in paragraph 113 that relate to the other defendant, Experian does not have knowledge 10 or information sufficient to form a belief as to the truth of those allegations and, on that basis, 11 denies, generally and specifically, each and every remaining allegation of paragraph 113 of the 12 Complaint. 13 14 15 RESPONSE TO PRAYER FOR RELIEF Experian denies that Plaintiffs are entitled to any damages against Experian as set forth in their prayer for relief. 16 RESPONSE TO DEMAND FOR JURY TRIAL 17 Experian admits that Plaintiffs have demanded a trial by jury on all issues triable. 18 AFFIRMATIVE DEFENSES 19 In further response to Plaintiffs’ Complaint, Experian hereby asserts the following 20 affirmative defenses, without conceding that it bears the burden of persuasion as to any of them. 21 FIRST AFFIRMATIVE DEFENSE 22 (COLLATERAL ESTOPPEL) 23 Experian is informed and believes and thereon alleges that all claims in the Complaint, in 24 whole or in part, are barred by the doctrine of collateral estoppel. Experian’s procedures for 25 reporting pre-bankruptcy debts following a consumer’s Chapter 7 discharge are governed by the 26 federal court’s order in the White-Hernandez class action. See White v. Experian Info. Sols., Case 27 No. 8:05-cv-01070, 2008 WL 11518799 (C.D. Cal. Aug. 19, 2008) (the “White Order”). The 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 25 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 27 of 29 1 White Order requires that, in the absence of direct information from the furnisher or consumer, 2 Experian must automatically update certain pre-bankruptcy debts to report as discharged in 3 bankruptcy based on a carefully devised set of assumptions about the debt’s likely discharge status 4 while excluding from this update certain other debts. In particular, the White Order requires that 5 Experian exclude from its update debts having a “Current Status” at the time of bankruptcy. Id. at 6 *10 (¶ 3.2(c)(ii)(E)). The Court specifically found these procedures to be reasonable as a matter 7 of law and in compliance with the FCRA, including Section 1681e(b). Id. at *13 (¶ 5.4) (stating 8 that the White Order’s procedures are “reasonable procedures to assure the maximum possible 9 accuracy [of post-bankruptcy credit information]” and are “conclusively deemed to comply with 10 the FCRA”). The court in White-Hernandez expressly precluded consumers from relitigating the 11 reasonableness of the White Order’s procedures—exactly what Plaintiffs seek to do here. 12 SECOND AFFIRMATIVE DEFENSE 13 (FAILURE TO STATE A CLAIM) 14 The Complaint herein, and each cause of action thereof, fails to set forth facts sufficient to 15 state a claim upon which relief may be granted against Experian and further fails to state facts 16 sufficient to entitle Plaintiffs to the relief sought, or to any other relief whatsoever from Experian. 17 Experian’s procedures are reasonable as a matter of law, which is why Plaintiffs’ claims fail. 18 THIRD AFFIRMATIVE DEFENSE 19 (INDEMNIFICATION) 20 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 Experian is informed and believes and thereon alleges that any purported damages allegedly suffered by Plaintiffs were the result of the acts or omissions of third persons over whom Experian had neither control nor responsibility. FOURTH AFFIRMATIVE DEFENSE (CONTRIBUTORY/COMPARATIVE FAULT) Experian is informed and believes and thereon alleges that any alleged damages sustained by Plaintiffs were, at least in part, caused by the actions of Plaintiffs themselves, and resulted from Plaintiffs’ own negligence which equaled or exceeded any alleged negligence or wrongdoing by Experian. 26 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 28 of 29 1 FIFTH AFFIRMATIVE DEFENSE 2 (INDEPENDENT INTERVENING CAUSE) 3 Experian alleges upon information and belief that if Plaintiffs sustained any of the injuries 4 alleged in the Complaint, there was an intervening, superseding cause and/or causes leading to 5 such alleged injuries and, as such, any action on the part of Experian was not a proximate cause of 6 the alleged injuries. 7 PRAYER FOR RELIEF 8 WHEREFORE, Defendant Experian Information Solutions, Inc. prays as follows: 9 (1) 10 That Plaintiffs take nothing by virtue of the Complaint herein and that this action be dismissed in its entirety; 11 (2) For costs of suit and attorneys’ fees herein incurred; and 12 (3) For such other and further relief as the Court may deem just and proper. 13 Dated this day of May 2022. NAYLOR & BRASTER 14 15 16 17 18 19 20 By: /s/ Benjamin Gordon Jennifer L. Braster Nevada Bar No. 9982 Benjamin B. Gordon Nevada Bar No. 15552 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 Attorneys for Defendant Experian Information Solutions, Inc. 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 27 of 28 Case 2:21-cv-02183-GMN-VCF Document 19-1 Filed 05/19/22 Page 29 of 29 1 2 3 4 5 CERTIFICATE OF SERVICE Pursuant to Federal Rule of Civil Procedure 4(b), I hereby certify that I am an employee of NAYLOR & BRASTER and that on this day of May 2022, I caused the document DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’S AMENDED 6 ANSWER TO PLAINTIFFS’ COMPLAINT to be served through the Court’s CM/ECF 7 system to those persons designated by the parties that have appeared in the matter. 8 9 /s/ Amy Reams An Employee of NAYLOR & BRASTER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 28 of 28
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