Nagim v. Equifax Info. Servs., LLC, 2011 U.S. Dist. LEXIS 49425 (D. Colo. May 9, 2011)

Nagim v. Equifax Info. Servs., LLC, 2011 U.S. Dist. LEXIS 49424 (D. Colo. Feb. 8, 2011)

Facts: Plaintiff filed for bankruptcy under Chapter 7 of the Bankruptcy Code on or about October 15, 2005. Other than a tax lien, Plaintiff's debts were discharged as part of the bankruptcy on May 16, 2006. The tax lien was paid and released on August 13, 2008. Plaintiff claimed in a lawsuit filed on February 1, 2010, that Defendant CRAs reported "inaccurate entries on his credit report" and "depressed" his credit scores. Plaintiff argued that Defendants acted unlawfully under the FCRA by maintaining information in Plaintiff's credit file that related to Plaintiff's discharged debts and closed accounts despite Plaintiff's disputes to have the information removed.

The CRAs filed motions for summary judgment on all of Plaintiff's claims. The Magistrate found that the CRAs submitted evidence showing that Plaintiff's credit files were accurate, complete, and verifiable and that Plaintiff failed to submit any competent summary judgment evidence in response. Thus, the Magistrate recommended that summary judgment be granted against Plaintiff on all of his claims. Plaintiff objected to the Magistrate's recommendations, but on May 9, 2011, the Court accepted the Magistrate's findings and conclusions and ordered that judgment be entered in favor of Defendants.

  • Summary Judgment. Once a defendant moving for summary judgment has made a "prima facie demonstration" that the information reporting on a plaintiff's consumer report was accurate, complete, and verifiable, the burden shifts to the plaintiff to put forth sufficient evidence that a reasonable jury could find that information on his credit report was actually inaccurate, incomplete, or unverifiable.
  • Summary Judgment. A plaintiff that fails to submit any exhibits or sign his pleadings under penalty of perjury so that they can be construed as affidavits has not presented a court with any competent summary judgment evidence.

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