Siple et al v. First Franklin Financial Corp. et al

MOTION for Joinder to Dismiss Plaintiffs' Complaint

D. Md.October 23, 2014

1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Baltimore Division DENNIS R. SIPLE and ) MARION C. SIPLE, ) ) Plaintiffs, ) ) v. ) Civil Action No. 1:14-cv-02841-RDB ) FIRST FRANKLIN FINANCIAL CORP., ) et al., ) ) Defendants. ) ______________________________ ) DEFENDANT EQUIFAX INFORMATION SERVICES LLC’S JOINDER IN MOTIONS TO DISMISS PLAINTIFFS’ COMPLAINT Defendant, Equifax Information Services LLC (“EIS”), incorrectly identified in Plaintiff’s Complaint as “Equifax,” submits this Joinder in Defendant Trans Union, LLC’s (“Trans Union”) Motion to Dismiss Plaintiffs’ Complaint (Doc. 13) and Defendant Experian Information Solutions, Inc.’s (“Experian”) Motion to Dismiss (Doc. 15), showing the court as follows: 1. Plaintiff’s 26 page, 173 paragraph Complaint contains no specific allegations regarding EIS and only two specific allegations against the three consumer reporting agency defendants, EIS, Trans Union and Experian (collectively the “CRAs”). (Doc. 1, ¶¶ 36, 173.) 2. In its Motion, Trans Union sets forth the basis for dismissal of Plaintiffs’ Complaint against the CRAs on two grounds: (1) the Complaint does not comply with Fed. R. Civ. P. 8 and fails to contain simple, concise, and direct allegations, and, (2) Plaintiffs cannot establish inaccuracy and, thus, any claim under the Fair Credit Case 1:14-cv-02841-RDB Document 35 Filed 10/23/14 Page 1 of 3 2 Reporting Act fails, citing DeAndrade v. Trans Union LLC, 523 F.3d 61, 66-67 (1st Cir. 2008) and Jianqing Wu v. Trans Union, No. AW-03-1290, 2006 U.S. Dist. LEXIS 96712 (D. Md. May 2, 2006). (Doc. 13-1 at 4-6.) 3. In its Motion, Experian also sets forth the basis for dismissal of Plaintiffs’ Complaint and shows that each Count alleged against the CRAs fails due to the lack of any specific allegations to support them, citing Jackson v. Experian Fin. Servs., No. RDB-13-1758, 2014 WL 794360 *1 (D. Md. Feb. 26, 2014), and for a variety of other reasons. 4. EIS hereby gives notice that its joins in Trans Union’s and Experian’s Motions to Dismiss and incorporates and adopts all arguments and authorities submitted by Trans Union and Experian as though fully set out herein by EIS. For the reasons set forth in Trans Union’s and Experian’s motions, Plaintiffs’ Complaint should also be dismissed against EIS. WHEREFORE, EIS requests that Plaintiff’s claims against it be dismissed. Respectfully submitted this 23rd day of October, 2014. ___/s/ Nathan D. Adler________________ Nathan Daniel Adler Bar No: 22645 Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. One South Street, 27th Floor Baltimore, Maryland 21202-3201 (410) 332-8516 (410) 332-8517 (fax) nda@nqgrg.com Attorneys for Equifax Information Services LLC Case 1:14-cv-02841-RDB Document 35 Filed 10/23/14 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on the 23rd day of October, 2014, I electronically filed the foregoing DEFENDANT EQUIFAX INFORMATION SERVICES LLC’S JOINDER IN MOTIONS TO DISMISS PLAINTIFFS’ COMPLAINT with the Clerk of Court using the CM/ECF system and served a copy by U.S. Mail to the following: Dennis R. Siple Marion C. Siple 422 Big Elk Chapel Road Elkton, MD 21921 /s/ Nathan D. Adler Nathan D. Adler Case 1:14-cv-02841-RDB Document 35 Filed 10/23/14 Page 3 of 3