Nykoriak v. Experian Information Solutions et al

Filing 31

ORDER granting 29 Motion to Dismiss. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TARAS NYKORIAK,
Case No. 13-11275
Plaintiff,
Honorable John Corbett O’Meara
v.
EXPERIAN INFORMATION SOLUTIONS,
INC.,
Defendant.
/
ORDER GRANTING
DEFENDANT’S NOVEMBER 7, 2013 MOTION TO DISMISS
This matter came before the court on defendant Experian Information Solutions’ November
7, 2013 motion to dismiss. The court filed a Notice of Determination of Motion Without Oral
Argument November 8, 2013, indicating that a response to the motion was due December 2, 2013.
Plaintiff Taras Nykoriak failed to file a response.
Plaintiff filed this lawsuit against three credit reporting agencies regarding numerous accounts
currently reporting on his credit report. Two of the defendants settled the matter by deleting
derogatory accounts from Plaintiff's credit report; defendant Experian is the only remaining
defendant. Experian contends that it has conducted investigations with several of the creditors listed
on Plaintiff's report, and the creditors continue to verify the accuracy of the accounts.
In addition, on August 6, 2013, defendant Experian served its First Interrogatories and
Requests for Production of Documents on Plaintiff. Responses were due September 6, 2013;
however, Plaintiff failed to respond. Experian filed a motion to compel, which was referred to
Magistrate Judge Laurie Michelson. Plaintiff again failed to respond to the motion to compel. In

her October 21, 2013 order granting the motion to compel, Judge Michelson warned Plaintiff that
"further noncompliance with the Federal Rules pertaining to discovery or this Order may result in
the imposition of more severe sanctions, including monetary sanctions and/or the dismissal of
Plaintiff's Complaint."
Discovery in this matter closed December 30, 2013. To date, Plaintiff has failed to respond
to discovery requests. The court also notes that after Plaintiff's state law claims were remanded in
this matter, the state court judge dismissed that case due to Plaintiff's failure to appear.
Plaintiff has failed to provide discovery in this case, has failed to abide by Judge Michelson's
order, and has failed to prosecute his claims. Therefore, this court will dismiss this action to prevent
further abuse of the judicial process.
ORDER
It is hereby ORDERED that defendant Experian Information Solutions' November 7, 2013
motion to dismiss is GRANTED.

s/John Corbett O'Meara
United States District Judge
Date: January 9, 2014

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, January 9, 2014, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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