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Villa v. Ally Financial, Inc.

United States District Court, M.D. North Carolina

February 28, 2014

JANNIE GARCIA VILLA, Plaintiff,
v.
ALLY FINANCIAL, INC., et al., Defendants.

MEMORANDUM OPINION AND ORDER

L. PATRICK AULD, Magistrate Judge.

This case comes before the Court on Plaintiff's Motion to Strike Affirmative Defenses of Defendant Experian Information Solutions, LLC. (Docket Entry 17.) For the reasons that follow, the Court will grant the instant Motion in part (as to the third and fifth defenses, but with leave to amend the fifth defense) and will deny it in part (as to the first defense).[1]

BACKGROUND

Plaintiff's Complaint asserts violations of the Fair Credit Reporting Act ("FCRA") by Defendants Experian and Ally. (Docket Entry 6 at 7-10.) It alleges that in January or February 2013, Plaintiff discovered an error in her credit report, as prepared by Defendant Experian, concerning an automobile loan issued by Defendant Ally. (Id. at 3-6.) After both Defendants filed Answers (Docket Entries 9, 10), Plaintiff contacted Defendant Experian regarding several affirmative defenses contained within its Answer. (Docket Entry 18 at 2; see also Docket Entry 21 at 2.) Defendant Experian agreed to remove some of these affirmative defenses (Docket Entry 18 at 2; see also Docket Entry 21 at 2) and filed an Amended Answer (Docket Entry 12).

Plaintiff now moves to strike the following three affirmative defenses from Defendant Experian's Amended Answer:

FIRST AFFIRMATIVE DEFENSE
The Complaint herein, and each cause of action thereof, fails to set forth facts sufficient to state a claim upon which relief may be granted against Experian and further fails to state facts sufficient to entitle Plaintiff to the relief sought, or to any relief whatsoever from Experian
THIRD AFFIRMATIVE DEFENSE
The Complaint and each claim for relief therein is barred by laches.
....
FIFTH AFFIRMATIVE DEFENSE
Experian is informed and believes and thereon alleges that some or all claims for relief in the Complaint herein are barred by the applicable statutes of limitation, including but not limited to 15 U.S.C. ยง 1681p.

(Id. at 16; see also Docket Entry 17 at 12-16.) Defendant Experian responded in opposition. (Docket Entry 21.) Plaintiff did not reply. (See Docket ...


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