Free Statement of Material Facts - District Court of Connecticut - Connecticut

Case 3:03-cv-00253-JBA

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Filed 02/17/2004

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WILLIAM SPECTOR, Plaintiff, v. EQUIFAX INFORMATION SERVICES LLC, Defendant. ) ) ) ) ) Case No. 3:03CV253(JBA) ) ) ) ) February 17, 2004 )

DEFENDANT EQUIFAX INFORMATION SERVICES LLC'S LOCAL RULE 56(a)2 STATEMENT Equifax herein responds to plaintiff's Local Rule 56 (a)1 Statement. By stipulating to or not disputing certain of plaintiff's facts, Equifax does not concede their materiality or relevance. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
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Stipulated. Stipulated. Stipulated. Stipulated. Stipulated. Stipulated. Stipulated. Stipulated. Not disputed, but immaterial. Not disputed, but immaterial. Not disputed, but immaterial.

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12. 13. 14. 15. 16. 17. 18. 19. 20.

Not disputed, but immaterial. Not disputed, but immaterial. Not disputed, but immaterial. Not disputed, but immaterial. Not disputed, but immaterial. Stipulated. Stipulated. Stipulated. Equifax does not dispute that its operator in Jamaica redirected Mr.

Spector's request to its Office of Consumer Affairs, as was proper. Such redirection is pursuant to policy, however, not because of any failed attempt to process a request, as plaintiff appears to suggest. Document E1139 evidences the operator's intention to redirect the request but does not evidence any failed attempt. 21. 22. Stipulated. Equifax stipulates that Gulf Oil sent plaintiff an adverse action letter.

Equifax denies, however, that any adverse action by Gulf Oil occurred as a result of "information in a credit report from Equifax," as plaintiff appears to contend, because Gulf Oil did not receive a credit report on plaintiff or any information about plaintiff from Equifax except that his file was unavailable. Gulf Oil's hearsay letter is insufficient evidence on which to base any contrary contention. Plaintiff (see #23 below) appears to agree that Gulf Oil did not receive plaintiff's credit report. 23. 24.
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Stipulated. Stipulated. 2

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25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.

Stipulated. Stipulated. Stipulated. Stipulated. Stipulated. Not disputed, but immaterial. Stipulated. Stipulated. Stipulated. Stipulated. Stipulated. This is not a proposed stipulation of fact and therefore requires no

response from Equifax. In any event, the documents to which plaintiff refers do not contain accurate or complete information about defendant's procedures. These are the "Lanette Fullwood" documents explained in defendant's "Memorandum in Opposition to Plaintiff's Motion for Leave to file Supplemental Objection to Magistrate Judge's Orders," filed on or about February 4, 2004, and the Affidavits of Lanette Fulwood and Alicia Fluellen, filed contemporaneously therewith.

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This 17th day of February, 2004. Respectfully submitted, EQUIFAX INFORMATION SERVICES LLC By:_____/s/_______________________ Eric D. Daniels, Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, Connecticut 06103-3597 J. Anthony Love, Esq. ct20053 Georgia Bar No. 459155 Kilpatrick Stockton LLP 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309 (404) 815-6500

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CERTIFICATE OF SERVICE This is to certify that I have this day served a true and correct copy of the foregoing DEFENDANT EQUIFAX INFORMATION SERVICES LLC'S LOCAL RULE 56(a)2 STATEMENT by depositing same in the United States mail, properly addressed with sufficient postage affixed thereto to ensure delivery to: Joanne S. Faulkner, Esq. 123 Avon Street New Haven, Connecticut 06511 Dated: February 17, 2004. ___/s/_____________________

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