Merz v. Equifax Information Services LLC et al

Filing 28

ORDER Denying Defendant's 22 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER MERZ, Plaintiff, Case No. 15-cv-13088 Hon. Matthew F. Leitman v. MERCHANTS & MEDICAL CREDIT CORPORATION, INC., Defendant. _________________________________/ ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF #22) On July 27, 2015, Plaintiff Christopher Merz (“Merz”) filed a Complaint against Defendant Merchants & Medical Credit Corporation, Inc. (“M&M”) in state court.1 (See Notice of Removal, ECF #1-1 at 5, Pg. ID 9; attaching the state court complaint.) On July 31, 2015, M&M removed the case to this Court. (ECF #1 at 1, Pg. ID 1.) The Complaint includes two claims against M&M: (1) Negligent Violation of the Fair Credit Reporting Act; (2) Willful Violation of the Fair Credit Reporting Act. (ECF #1-1 at 8-10, Pg. ID 12-14.) M&M filed a motion for summary                                                              1 The Complaint also included claims against Trans Union, LLC, Equifax Information Services, LLC, and Experian Information Solutions, Inc. These defendants were voluntarily dismissed on November 23, 2015, December 18, 2015, and September 8, 2016, respectively. (See ECF ## 13, 15, 21.) 1 judgment (the “Motion”) on September 16, 2016. (See ECF #22.) The Court held a hearing on the Motion on December 21, 2016. For the reasons stated on the record at the December 21, 2016 hearing, the Court DENIES the Motion (ECF #22). IT IS SO ORDERED.           Dated: December 21, 2016   s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 21, 2016, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 2

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