Thank You For Submiting Feedback!
United States District Court for the Eastern District of Virginia, Richmond Division
April 8, 2014, Decided; April 8, 2014, Filed
Civil Action No. 3:10cv107
[*127] MEMORANDUM OPINION
This matter is before the Court on PLAINTIFF'S MOTION TO STRIKE THE MARK JOHNSON DECLARATIONS (Docket No. 156). Having considered the briefs and the oral arguments of counsel, for the reasons set forth below, PLAINTIFF'S MOTION TO STRIKE THE MARK JOHNSON DECLARATIONS (Docket No. 156) will be granted in part and, in part, denied as moot.1
This Fair Credit Reporting Act ("FCRA") case was filed by plaintiff Donna K. Soutter ("Soutter") against Equifax Information Services LLC ("Equifax") in 2010. Soutter, who initially sought to represent a class of "[a]ll consumers for whom Equifax furnished a consumer report which reported a judgment that was either set aside, vacated or dismissed with prejudice," alleged that Equifax violated the FCRA by failing to use reasonable procedures to assure maximum accuracy in reporting judgments that were collected from Virginia court records (sometimes referred to as "judgment dispositions"). After several proposed changes to the class definition, the Court certified the class on March 30, 2011, with one final amendment to the class definition on May 9, 2011. [**3] May 9, 2011 Order (Docket No. 101).2
[*128] Equifax appealed the certification of the class. On appeal, in a two-to-one decision, the Court of Appeals "agree[d] with Equifax that Soutter failed to satisfy the typicality requirement of Rule 23(a)(3) and, accordingly, that the district court abused its discretion in certifying the proposed class." Soutter v. Equifax Information Services, LLC, 498 F. App'x 260, 264 (4th Cir. 2012). The Court of Appeals did not address other arguments made by Equifax.3
Soutter now seeks to have a class certified as follows:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
299 F.R.D. 126 *; 2014 U.S. Dist. LEXIS 49238 **; 2014 WL 1379551
DONNA K. SOUTTER, for herself and on behalf of all similarly situated individuals, Plaintiff, v. EQUIFAX INFORMATION SERVICES LLC, Defendant.
Prior History: Soutter v. Equifax Info. Servs., LLC, 498 Fed. Appx. 260, 2012 U.S. App. LEXIS 24891 (4th Cir. Va., 2012)
personal knowledge, class certification, declaration, reliability, deposition, records, certification, decisions, database, rigorous, affiant, matters, courts, decide a motion, district court, motions
Evidence, Types of Evidence, Documentary Evidence, Affidavits, Civil Procedure, Special Proceedings, Class Actions, Certification of Classes, Prerequisites for Class Action, General Overview, Pleading & Practice, Motion Practice, Content & Form, Summary Judgment, Opposing Materials, Accompanying Documentation, Supporting Materials, Testimony, Lay Witnesses, Personal Knowledge, Admissibility, Procedural Matters, Rulings on Evidence, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Expert Witnesses, Daubert Standard, Methods of Discovery, Depositions, Oral Depositions, Motions to Strike