Whirl v. Equifax Information Services LLC

Filing 53

MEMORANDUM AND ORDER, denying 52 MOTION filed by Kemo D. Whirl. Signed by Judge J. Phil Gilbert on 7/23/2019. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEMO D. WHIRL,
Plaintiff,
v.

Case No. 3:18-cv-01282-JPG-RJD

EQUIFAX INFORMATION SERVICES,
Defendant.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
Plaintiff Kemo Whirl—a pro se prisoner in the custody of the state of Illinois—sued
defendant Equifax Information Services for an alleged violation of the Fair Credit Reporting Act,
15 U.S.C. § 1681 et seq. The parties settled this case, and the Court entered a 60-day order
giving the parties time to consummate the settlement. At the end of that 60-day period, Whirl
filed a motion to dismiss, stating: “[a]s of July 2nd, 2019[,] the parties were able to consummate
said settlement agreement…” and “[a]s part of said settlement agreement, Plaintiff agreed that he
would file a motion to dismiss with prejudice against the Defendant within 5 days of
consummating the settlement agreement.” (ECF No. 51.)
But now, Whirl has filed a post-judgment motion—this time stating that he has not
received “any correspondence from the Defendant in reference to consummating the
settlement,” so he wants the Court to re-open this case. (ECF No. 52.) That directly contradicts
what Whirl told this Court in his motion to dismiss, which he signed and submitted. The Court
will not assume that Whirl committed perjury in his motion to dismiss, and accordingly will
DENY his post-judgment motion to re-open this case. (ECF No. 52.)
IT IS SO ORDERED.
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DATED: JULY 23, 2019
s/ J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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