McInerney v. State of Nevada et al

Filing 27

ORDER - HireRight LLC's Motion for Partial Dismissal (ECF No. 11 ) is denied as moot. Signed by Judge Miranda M. Du on 11/8/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL MCINERNEY,

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Case No. 2:16-cv-00698-MMD-GWF
Plaintiff,

ORDER

v.
EIGHTH JUDICIAL DISTRICT COURT, et
al.,

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Defendants.

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Pending before this Court is Defendant HireRight LLC’s (“HireRight”) Motion for

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Partial Dismissal (“Motion”) (ECF No. 11). Plaintiff Michael McInerney filed a response

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(ECF No. 15) and HireRight filed a reply (ECF No. 16). For the following reasons, the

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Court denies the Motion as moot.

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In this Court’s Screening Order, the Court permitted Plaintiff to proceed under

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section 1681li of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681li, for

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HireRight’s purported failure to perform a required reinvestigation into inaccurate

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information on Plaintiff’s credit report based on Plaintiff’s allegations that HireRight

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received inaccurate information from the Eighth Judicial District Court regarding his prior

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conviction, provided that inaccurate information to a prospective employer, and then

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denied Plaintiff’s dispute when he informed HireRight of the inaccurate information. (ECF

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No. 4 at 4-5 (citing ECF No. 1-1).) Yet, HireRight’s Motion requests dismissal of a claim

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under section 1681e of the FCRA. (ECF No. 11 at 1.) Because the Court’s Screening

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Order did not allow a claim under that section of the FCRA to proceed, HireRight’s Motion

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is misplaced.

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It is therefore ordered that HireRight LLC’s Motion for Partial Dismissal (ECF No.
11) is denied as moot.

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DATED THIS 8th day of November 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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