Cook v. Credit Systems International, Inc. et al

Filing 103

MEMORANDUM ADOPTING 99 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Plaintiff's Motion for Partial Summary Judgment Against Credit Systems International, Inc. (Dkt. # 32 ) is DENIED, and Credit Systems' Cross-Motion for Summary Judgment (Dkt. # 39 ) is GRANTED IN PART and DENIED IN PART. Signed by District Judge Sean D. Jordan on 9/28/2020. (rpc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MICHELLE COOK,
Plaintiff,

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v.
CREDIT SYSTEMS INTERNATIONAL,
INC., and RADIOLOGY ASSOCIATES
OF NORTH TEXAS, P.A.,
Defendants.

4:19-CV-308-SDJ-KPJ

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On September 10, 2020, the Magistrate Judge entered proposed findings of fact and
recommendations (Dkt. #99) that Plaintiff Michelle Cook’s (“Plaintiff”) Motion for Partial
Summary Judgment Against Credit Systems International, Inc. (Dkt. #32) be denied and Defendant
Credit Systems International, Inc.’s (“Credit Systems”) Cross-Motion for Summary Judgment
(Dkt. #39) be granted in part and denied in part. The case, and the parties’ motions, concern a
collections account (the “Collections Account”) for a debt to a medical provider that was
incorrectly attributed to Plaintiff.
Having received the Report of the United States Magistrate Judge, and no timely objections
being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
Accordingly, Plaintiff’s Motion for Partial Summary Judgment Against Credit Systems
International, Inc. (Dkt. #32) is DENIED, and Credit Systems’ Cross-Motion for Summary
Judgment (Dkt. #39) is GRANTED IN PART and DENIED IN PART. Specifically, Credit
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Systems’ Motion is granted as to Plaintiff’s claims under Section 1692e regarding Credit Systems’
original communication of the Collections Account to the credit reporting agencies and Plaintiff’s
claim under Section 1962f. Credit Systems’ Motion is denied as to Plaintiff’s claims under Section
1692e regarding Credit Systems’ second communication of the Collections Account.
So ORDERED and SIGNED this 28th day of September, 2020.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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