Oswald v. Transunion

Filing 23

ORDER granting 18 Motion for Summary Judgment ; granting 22 MOTION to Grant Summary Judgment for Plaintiff's Failure to Respond. Signed by Chief Judge Barbara B. Crabb on 11/3/09. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JO H N RYAN OSWALD, ORDER Plaintiff, 0 8 - cv -7 3 9 - b b c v. T R A N S U N IO N , D efendan t. --------------------------------------------B efore the court is defendant Transunion's motion for summary judgment on plaintiff Jo hn Ryan Oswald's claim that defendant violated his rights under the Fair Credit Reporting Act, 15 U.S.C. 1681i, by refusing to investigate information on his credit report that he had identified as fraudulent. In its motion, defendant denies that it refused any request by plaintiff to investigate fraudulent information; in fact, defendant denies that plaintiff ever con tacted it about false information on his credit report. It is plaintiff's burden in opposing a motion for summary judgment to show that a genuin e issue of fact remains for trial, Borello v. Allison, 446 F.3d 742, 748 (7th Cir. 2006), but he has failed to respond to defendant's motion in any way. Accordingly, I must accept defendant's version of the facts as true, Doe v. Cunningham, 30 F.3d 879, 883 (7th Cir. 1 19 94 ), which means that it is undisputed that defendant did not violate plaintiff's rights un der 1681i. Under these circumstances, summary judgment is appropriate. OR DER IT IS ORDERED that defendant Transunion's motion for summary judgment, dkt. # # 1 8 and 22, is GRANTED. The clerk of court is directed to enter judgment in favor of defendan t and close the case. E n tered this 3r d day of November, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 2

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