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S.D.N.Y.Substantive rulingFiled June 16, 2023

Owoyemi v. Credit Corp Solutions Inc.

Judge
Gregory Woods
Docket
1:21-cv-08021
Court
U.S. District Court · Southern District of New York
Pages
2
Consumer CreditSummary JudgmentCivil Procedure
In one sentence

In Owoyemi v. Credit Corp Solutions, Judge Woods granted summary judgment to the defendant on the plaintiff’s Fair Credit Reporting Act claim and closed the case.

Who this affects

Nicholas A. Owoyemi and Credit Corp Solutions Inc., doing business as Tasman Credit. Judgment was entered for Credit Corp Solutions, and the case was closed.

What happened

Nicholas A. Owoyemi sued Credit Corp Solutions Inc., doing business as Tasman Credit, claiming that it violated the Fair Credit Reporting Act. A magistrate judge recommended granting the defendant’s motion for summary judgment.

No party filed an objection within the required fourteen-day period. The court reviewed the recommendation for clear error and found none. It adopted the recommendation, which concluded that Owoyemi had not shown that Credit Corp Solutions received notice from a credit reporting agency before he filed the lawsuit, and also identified no evidence that the company reported inaccurate information or that Owoyemi suffered damages.

Judge Gregory H. Woods granted Credit Corp Solutions’ motion for summary judgment, directed the Clerk of Court to enter judgment for the defendant, and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Owoyemi v. Credit Corp Solutions Inc. · No. 1:21-cv-08021
Judge
Gregory Woods
Date
June 16, 2023

Background

Nicholas A. Owoyemi’s amended complaint alleged that Credit Corp Solutions Inc., doing business as Tasman Credit, violated the Fair Credit Reporting Act, specifically 15 U.S.C. § 1681s-2(b). The defendant moved for summary judgment, which asks the court to resolve a claim when the record shows no genuine dispute requiring a trial.

On May 31, 2023, Magistrate Judge Lehrburger issued a report and recommendation advising that the motion be granted. The recommendation stated that Owoyemi had not established that Credit Corp Solutions received notice from a credit reporting agency before he started the lawsuit. It also identified additional defects in the claim, including the lack of evidence that Credit Corp Solutions reported inaccurate information or that Owoyemi suffered damages.

Court’s Review

The court explained that parties may file specific written objections to a magistrate judge’s report and recommendation within fourteen days. When no timely objection is filed, the district court reviews the recommendation for clear error. No objection was submitted within the fourteen-day period, and the court found no clear error after reviewing the recommendation.

Ruling

Judge Gregory H. Woods accepted and adopted the report and recommendation in its entirety. The court granted Credit Corp Solutions’ motion for summary judgment, directed the Clerk of Court to terminate the pending motion, enter judgment for the defendant, and close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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