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Petronykoriak v. Equifax Information Services LLC

United States District Court, E.D. Michigan, Southern Division

November 12, 2019

T. Petronykoriak, Plaintiff,
v.
Equifax Information Services LLC, et al., Defendants.

          Mag. Judge David R. Grand

          ORDER FOR AN ACCOUNTING OF DAMAGES PURSUANT TO PLAINTIFF/COUNTER-DEFENDANT PETRONYKORIAK AND DEFENDANT/COUNTER-PLAINTIFF TRANS UNION'S MOTIONS FOR DEFAULT JUDGMENT [57, 94, 95]

          JUDITH E. LEVY UNITED STATES DISTRICT JUDGE

         This case is before the Court on three separate Motions for Default Judgment under Rule 55(b): two filed by Plaintiff/Counter-Defendant T. Petronykoriak as to Defendants Account Receivables Collections, Inc. and Nationwide Cassel, and one filed by Defendant/Counter-Plaintiff Trans Union, LLC as to T. Petronykoriak. (ECF Nos. 57; 94; 95.)

         Petronykoriak initially filed this action in Wayne County Circuit Court on February 12, 2019, asserting various federal statutory and state law tort claims based on allegedly false information in his credit report. (ECF No. 1-1, PageID.18-26.) Defendant Equifax Information Services LLC timely removed this case to federal court on March 15, 2019. (Id. at PageID.1.)

         I. BACKGROUND

         Petronykoriak brings eleven causes of action against seventeen named defendants arising from the allegedly false information reported by defendants Equifax, Trans Union, and Experian. (ECF No. 1-2, PageID.13.) These claims appear to arise out of Petronykoriak's assertion that his “credit was excellent, ” but that based on false information on his credit report, Petronykoriak was unable to obtain a credit card and a loan. (Id. at PageID.13.)

         A. Petronykoriak's Motions for Default Judgment

         Petronykoriak served Account Receivables, Nationwide Cassel, and Trans Union on or about February 20, 2019. (ECF. No. 1-1, PageID.32.) Neither Account Receivables nor Nationwide Cassel ever entered an appearance or filed an answer to this action.

         Petronykoriak requested clerk's entries of default pursuant to Federal Rule of Civil Procedure 55(a) as to these parties on July 3, 2019 (Nationwide Cassell) and September 9, 2019 (Account Receivables). (ECF Nos. 60, 81.) The clerk granted the requested defaults on July 26, 2019 and September 9, 2019, respectively. (ECF Nos. 81, 92.) On September 19, 2019, Petronykoriak filed identical motions for default judgment as to these defendants, pursuant to Federal Rule of Civil Procedure 55(b). (ECF Nos. 94-95.)

         B. Trans Union's Motion for Default Judgment

         On May 13, 2019, Trans Union filed an answer and a counterclaim against Petronykoriak. (ECF No. 40.) In the counterclaim, Trans Union alleged that this action is Petronykoriak's fourth lawsuit against Trans Union. (Id. at PageId.369.) After Petronykoriak filed the previous lawsuit in 2018, the parties settled the case and entered into a contract providing that “Trans Union may suppress [Petronykoriak's] Trans Union credit file . . . and [Petronykoriak] agrees that the suppression of his Trans Union credit file, or any resulting consequence thereof, will not provide the basis for any future claims against Trans Union.” (ECF No. 40-1, PageID.378.) The parties further agreed that “Trans Union may recover any and all reasonable attorneys' fees, costs, and expenses incurred in enforcing any term of this Agreement or for breach thereof in addition to any other damages to which Trans Union may be entitled.” (Id. at PageID.379.)

         Trans Unions' counterclaim alleges that Petronykoriak “materially breached [this] Agreement by filing the Current Lawsuit and asserting claims against Trans Union based on Trans Union's handling of Plaintiff's Trans Union credit file.” (ECF No. 40, PageID.371.) Petronykoriak never responded to this counterclaim.

         On June 20, 2019, Trans Union requested a clerk's entry of default judgment as to Petronykoriak, pursuant to Federal Rule of Civil Procedure 55(a). (ECF No. 51.) The clerk granted the default order on the same day. (ECF Nos. 52-53.) On July 1, 2019, Trans Union moved for default judgment as to Petrykoriak, pursuant to Federal Rule of Civil Procedure 55(b). (ECF No. 57.)

         II. ...


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