Bruno v. Equifax Credit Information Services, LLC, et al.

Filing 248

ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 10/17/2018 ORDERING the Clerk to TERMINATE Plaintiff's #222 motion to enter the default of defendant Robert McGinley, or in the alternative, to compel him to appear for a deposition and provide responses to discovery requests as having been withdrawn. Additionally, it is ORDERED that Equifax's #226 motion to strike or, alternatively, leave to file a response is GRANTED IN PART AND DENIED IN PART as follows: The motion is denied as to Equifax's request to strike plaintiff's arguments raised in response to the declarations of Equifax representatives; and the motion is granted as to Equifax's request for leave to file a response to plaintiff's arguments. Equifax shall file its response by no later than 10/24/2018. (Cannarozzi, N) Modified on 10/17/2018 (Cannarozzi, N).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL BRUNO,

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Plaintiff,

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No. 2:17-cv-327-WBS-EFB

v.

ORDER AFTER HEARING

EQUIFAX INFORMATION SERVICES,
LLC, et al.,
Defendants.

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This case was before the court on October 10, 2018, for hearing on (1) plaintiff’s motion

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to enter the default of defendant Robert McGinley, or in the alternative, to compel him to appear

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for a deposition and provide responses to discovery requests (ECF No. 222), and (2) defendant

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Equifax’s motion to strike new arguments raised in plaintiff’s response to declarations of Equifax

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representatives or, in the alternative, for leave to file a response to plaintiff’s arguments (ECF No.

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226). Attorney Joseph Messer appeared on behalf of plaintiff. Attorneys Zachary McEntyre and

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Allison White appeared on behalf of defendant Equifax.1

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At the hearing, plaintiff’s counsel withdrew the motion to enter the default or compel the

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deposition defendant Robert McGinley, given that defendant’s recent death. Accordingly, it is

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ORDERED that the clerk terminate the motion (ECF No. 222) as having been withdrawn.

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Counsel for both parties appeared by telephone.
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Further, for the reasons state on the record, it is ORDERED that Equifax’s motion to strike or,

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alternatively, leave to file a response (ECF No. 226) is granted in part and denied in part as

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follows:

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a. The motion is denied as to Equifax’s request to strike plaintiff’s arguments
raised in response to the declarations of Equifax representatives; and
b. The motion is granted as to Equifax’s request for leave to file a response to

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plaintiff’s arguments. Equifax shall file its response by no later than October 24, 2018.

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DATED: October 17, 2018.

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