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Date: 05-20-2022
Case Style:
Diamond Ketchens v. Verizon Pennsylvania, LLC
Case Number: 2:22-cv-00270-JDW
Judge: Joshua D. Wilson
Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)
Plaintiff's Attorney:
Defendant's Attorney: Frederick K. Blakelock and Lauren L. Schuler
Description: Philadelphia, Pennsylvania consumer law lawyers represented Plaintiff, who sued Defendant on Fair Credit Reporting Act violation theory.
On January 21, 2022, Ms. Ketchens filed a complaint against Verizon alleging that someone stole her identity and used her personal information to open a Verizon phone account. She claims that Verizon violated the Fair Credit Reporting Act by permitting the fraudster to open the account and failing to conduct reasonable reinvestigations upon receiving notices from consumer reporting agencies. She filed an Amended Complaint on February 16, 2022. On April 5, 2022, Verizon answered. Many of its responses assert that it “lacks knowledge or information sufficient to form as to the truth of this allegation ....” (ECF No. 12 at ¶¶ 13-44.) Verizon also asserts 18 affirmative defenses, including that “the doctrines of estoppel, waiver, unclean hands, laches, or other equitable doctrines” bar Ms. Ketchens' claim. (Id. at 9 (Fourth Affirmative Defense).) On April 8, 2022, Ms. Ketchens moved to strike several responsive paragraphs in the Answer and eighteen of the affirmative defenses. Verizon opposed the motion, and it is now ripe for consideration.
Outcome: 05/20/2022 20 MEMORANDUM AND/OR OPINION RE: MOTION TO STRIKE ANSWER TO AMENDED COMPLAINT. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 5/20/2022. 5/20/2022 ENTERED AND E-MAILED.(ja) (Entered: 05/20/2022)
05/20/2022 21 ORDER GRANTING IN PART AND DENYING IN PART 14 PLAINTIFF DIAMOND KETCHENS' MOTION TO STRIKE VERIZON'S ANSWER TO AMENDED COMPLAINT, FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM. VERIZON'S RESPONSES TO PARAGRAPHS 15, 19, 23, 27, 28, 31, 40, AND 42 IN THE ANSWER (ECF NO. 12 AT 38), ARE STRICKEN WITHOUT PREJUDICE, AND VERIZON'S FOURTH AFFIRMATIVE DEFENSE IS STRICKEN WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT CONSISTENT WITH THE COURT'S MEMORANDUM OPINION, ON OR BEFORE JUNE 3, 2022, DEFENDANT SHALL FILE AN AMENDED ANSWER RESPONDING TO THOSE PARAGRAPHS AND ASSERTING ONLY AFFIRMATIVE DEFENSES THAT IT HAS A GOOD FAITH BASIS TO ASSERT. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 5/20/2022. 5/20/2022 ENTERED AND E-MAILED.(ja) (Entered: 05/20/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: