Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv—O0280-SLR Document 3 Filed O4/28/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GREG GUNTI-IER, )
Plaintiff, g
v. g C.A. No.
CBI/EQUIFAX CREDIT REPORTING g
AGENCY, )
Petitioner/Defendant. g
ANSWER AND AF F IRMATIVE DEFENSES
Defendant Equifax Information Services LLC, ("Equifax"), incorrectly named in the
above-styled action as "CBI/Equifax Credit Reporting Agency," respectfully submits its
answer and affirmative defenses to the complaint filed by Plaintiff Greg Gunther ("Plaintiff’)
as follows:
1. Equifax denies every allegation in paragraph 1.
2. Equifax denies that Plaintiff is entitled to recovery of any money damages
against Equifax and otherwise denies paragraph 2.
FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
Plaintiff’s damages, if any, were not proximately caused by any act or omission by
Equifax.
§ll4(3§)6lS3I704.DOCl

Case 1:06-cv—O0280-SLR Document 3 Filed O4/28/2006 Page 2 of 3
THIRD AFFIRMATIVE DEFENSE
Plaintiffs damages, if any, are unduly speculative.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff has failed to take reasonable steps to mitigate his claimed damages.
WHEREFORE, Equifax prays for the following relief against Plaintiff:
a. That the Court dismiss the Complaint on the merits with prejudice;
b. That Plaintiff have and recover nothing from Equifax;
c. That the Court award Equifax its attomey’s fees, expenses of litigation, and
court costs; and
d. That the Court award such other relief as is just and proper.
Laurence V. Cronin (I.D. #2385)
800 Delaware Ave., 7"` Floor
P.O. Box 410
Wilmington, DE 19899
Telephone: (302) 652-8400
Facsimile: (302) 652-8405
Attorneys for Defendant Equifax
information Services, LLC
April 28, 2006
Of Counsel:
Stanley A. Seymour, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Ste. 2800
Atlanta, GA 30309-4530
(404) at 5-6500
-2-
9l·I-43¤6.l

Case 1:06-cv—O0280-SLR Document 3 Filed O4/28/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 2S"‘ day of Apnll, 2006, two copies of the
foregoing ANSWER AND AFFLRMATIVE DEFENSES were sent to the following by first
class mail:
Greg Gunther
5002 Rosetree Lane
Newark, DE 19702 gm

Laurence V. Cronin (LD No. 2385)
nuoimaooci
9144366 I