Kaplan v. Experian Information Solutions, Incorporated et al

Filing 73

ORDER striking 67 Motion for Summary Judgment; finding as moot 70 Motion for Leave to File. Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Darryl B. Kaplan, Plaintiff, v. Experian Information Solutions, Inc., et al., Defendants. _____________________________________/ ORDER STRIKING DOCKET ENTRY NO. 67 In an Opinion & Order issued on December 17, 2009, this Court made several rulings including: 1) denying Plaintiff's request for leave to file an amended complaint asserting additional claims; 2) ruling that Plaintiff's FCRA against Trans Union is limited to whether it failed to respond to his request for investigation within 30 days; and 3) striking Plaintiff's thenpending motions seeking summary judgment on newly asserted claims (Docket Entry No. 32 & No. 37). The Opinion & Order further provided that "If Plaintiff desires to file motions for summary judgment on the sole claim he has asserted against Defendants," Plaintiff may file such motions by January 8, 2010. On January 2, 2010, Plaintiff filed a Motion for Reconsideration, wherein he sought reconsideration of this Court's ruling that Plaintiff's FCRA against Trans Union is limited to whether it failed to respond to his request for investigation within 30 days. Although this Court had not granted that Motion for Reconsideration or revised its December 17, 2009 Opinion & Order, on January 8, 2010, Plaintiff filed a second motion seeking summary judgment as to Honorable Sean F. Cox Case No. 09-10047

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Trans Union, wherein Plaintiff again sought summary judgment on additional claims against Trans Union (Docket Entry No. 67). In an Opinion & Order issued this date, this Court denied Plaintiff's Motion for Reconsideration, confirming its prior ruling that Plaintiff's FCRA against Trans Union is limited to whether it failed to respond to his request for investigation within 30 days. Given the Court's rulings, IT IS ORDERED that Plaintiff's Motion for Summary Judgment (Docket Entry No. 67) is hereby STRICKEN. If Plaintiff elects to do so, within 10 days of the date of this Order, Plaintiff may file a Motion for Summary Judgment that addresses the limited claim against Trans Union. IT IS FURTHER ORDERED that Docket Entry No. 70 is DENIED AS MOOT. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: January 26, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 26, 2010, by electronic and/or ordinary mail. s/Jennifer Hernandez Case Manager

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