Thank You For Submiting Feedback!
United States District Court for the Northern District of Florida, Pensacola Division
December 10, 2020, Decided; December 10, 2020, Filed
Case No: 3:19cv1987-RV/EMT
The plaintiff, Julio Hernandez, filed this action against the defendants, Trans Union LLC ("Trans Union") and Ocwen Loan Servicing LLC ("Ocwen"), alleging that they violated the Fair Credit Reporting Act ("FCRA") with respect to how they reported his mortgage account (the "Account").1 Trans Union has filed a motion for judgment on the pleadings (doc. 38), and Ocwen moves for summary judgment (doc. 63). The plaintiff has filed responses in opposition to both motions, and the defendants have filed replies in further support.2
I. Standards of Review [*2]
A. Judgment on the Pleadings
"Judgment on the pleadings is appropriate where there are no material facts in dispute and the moving party is entitled to judgment as a matter of law." Cannon v. City of West Palm Beach, Fla., 250 F.3d 1299, 1301 (11th Cir. 2001). A motion for judgment on the pleadings is treated the same way as a motion to dismiss for failure to state a claim. See Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 n.8 (11th Cir. 2002). Thus, in considering a motion for judgment on the pleadings, I must accept the facts alleged in the complaint as true and view them in a light most favorable to the plaintiff. See id. If upon reviewing the pleadings it is clear that the plaintiff would not be entitled to relief under any of the facts that could be proved consistent with the allegations, I must dismiss the complaint. See Horsley v. Rivera, 292 F.3d 695, 700 (11th Cir. 2002).
B. Summary Judgment
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2020 U.S. Dist. LEXIS 249358 *; 2020 WL 8368221
JULIO HERNANDEZ, Plaintiff, v. TRANS UNION LLC, OCWEN LOAN SERVICING LLC, Defendants.
reporting, misleading, credit report, past due, pleadings, summary judgment, consumer, monthly, mortgage