Baker v. Specialized Loan Servicing, LLC et al

Western District of Texas, txwd-5:2019-cv-01298

ANSWER to [1] Complaint with Jury Demand and Affirmative Defenses by Experian Information Solutions, Inc.

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2 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Paul E. Baker,)) Plaintiff,)) v.) CIVIL ACTION NO.) Specialized Loan Servicing, LLC, et al.,) 5:19-cv-1298-OLG) Defendants.)))) ANSWER AND AFFIRMATIVE DEFENSES Michael A. Erdmann State Bar No. 24055453 JONES DAY 2727 North Harwood St. Dallas, TX 75201 Telephone: 214.220.3939 Facsimile: 214.969.5100 merdmann@jonesday.com Attorney for Defendant Experian Information Solutions, Inc. 1 2 COMES NOW Defendant Experian Information Solutions, Inc., ("Experian"), by and through its undersigned counsel, and answers Plaintiff Paul E. Baker's Original Complaint (the "Complaint") as follows: INTRODUCTION 1. In response to paragraph 1 of the Complaint, Experian admits that the allegations contained therein appear to set forth portions of the Fair Credit Reporting Act ("FCRA") and the Fair Debt Collection Practices Act ("FDCPA"). Experian affirmatively states that the Fair Credit Reporting Act and Fair Debt Collection Practices Act speak for themselves, and on that basis, denies any allegations of paragraph 1 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 2. In response to paragraph 2 of the Complaint, Experian admits that the allegations contained therein appear to set forth portions of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. Experian affirmatively states that the Fair Credit Reporting Act and Fair Debt Collection Practices Act speak for themselves, and on that basis, denies any allegations of paragraph 2 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 3. In response to paragraph 3 of the Complaint, Experian admits that the allegations contained therein appear to set forth portions of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. Experian affirmatively states that the Fair Credit Reporting Act and Fair Debt Collection Practices Act speak for themselves, and on that basis, denies any allegations of paragraph 3 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 4. In response to paragraph 4 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian -2- 2 affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 4 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 5. In response to paragraph 5, Experian admits that the Complaint purports to state claims under the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself and, on that basis, denies any allegations of paragraph 5 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. Experian denies, generally and specifically, that it has violated the Fair Credit Reporting Act and denies that it is liable to Plaintiff for any alleged damages. As to allegations in paragraph 5 of the Complaint that relate to the other defendants, Experian does not have knowledge or information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 5 of the Complaint. Except as specifically admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 5 of the Complaint. JURISDICTION AND VENUE 6. In response to paragraph 6 of the Complaint, Experian admits that Plaintiff has alleged jurisdiction. Experian states that this is a legal conclusion, which is not subject to denial or admission. Except as specifically admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 6 of the Complaint. 7. In response to paragraph 7 of the Complaint, Experian admits that Plaintiff has alleged venue in this district is proper pursuant to 28 U.S.C. § 1391(b). Experian states that this is a legal conclusion, which is not subject to denial or admission. Except as specifically -3- 2 admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 7 of the Complaint. PARTIES 8. In response to paragraph 8 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 9. In response to paragraph 9 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 10. In response to paragraph 10 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 11. In response to paragraph 11 of the Complaint, Experian admits that it is an Ohio corporation that is qualified to do business and conducts business in the State of Texas. Experian further admits that it can be served through its registered agent in Dallas, Texas. Except as specifically admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 11 of the Complaint. FACTS 12. In response to paragraph 12 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this -4- 2 time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 13. In response to paragraph 13 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 14. In response to paragraph 14 of the Complaint, Experian admits that Plaintiff appears to have taken out a home equity line of credit on or about May 10, 2007, based on Document No. 20070112609 recorded in the official public records of Bexar County, Texas. Experian states that Document No. 20070112609 speaks for itself and, on that basis, denies any allegations of paragraph 14 inconsistent therewith. 15. In response to paragraph 15 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 16. In response to paragraph 16 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 17. In response to paragraph 17 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. -5- 2 18. In response to paragraph 18 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 19. In response to paragraph 19 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 20. In response to paragraph 20 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 21. In response to paragraph 21 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 22. In response to paragraph 22 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 23. In response to paragraph 23 of the Complaint, Experian admits that the associations lien appears to have been foreclosed and purchased by Cameron Parker Properties, LLC, on August 2, 2016, based on Document No. 20160150425 recorded in the official public -6- 2 records of Bexar County, Texas. Experian states that Document No. 20160150425 speaks for itself and, on that basis, denies any allegations of paragraph 23 inconsistent therewith. Experian is without knowledge or information sufficient to form a belief as to the truth of the allegation that Cameron Parker Properties, LLC "soon evicted Baker" contained therein at this time and, on that basis, denies, generally and specifically, this allegation contained therein. 24. In response to paragraph 24 of the Complaint, Experian admits that the Cameron Parker Properties, LLC, appears to have filed suit on October 21, 2016, based on the Plaintiff's Original Petition filed under Cause No. 2016-CI-18419 with the Bexar County District Clerk in Bexar County, Texas. Experian states that the Plaintiff's Original Petition filed under Cause No. 2016-CI-18419 speaks for itself and, on that basis, denies any allegations of paragraph 24 inconsistent therewith. 25. In response to paragraph 25 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 26. In response to paragraph 26 of the Complaint, Experian admits that the document attached to the Complaint as Exhibit A, appears to be a true and correct copy of the Final Default Judgment granted on December 14, 2016, and recorded as Document No. 20170007354 in the official public records of Bexar County, Texas. Experian states that the Exhibit A speaks for itself and, on that basis, denies any allegations of paragraph 26 inconsistent therewith. 27. In response to paragraph 27 of the Complaint, Experian admits that the excerpt on page 3 of the document attached to the Complaint as Exhibit A, appears to represent a true and correct copy of the language excerpted from the Final Default Judgment granted on December -7- 2 14, 2016, and recorded as Document No. 20170007354 in the official public records of Bexar County, Texas. Experian states that the Exhibit A speaks for itself and, on that basis, denies any allegations of paragraph 27 inconsistent therewith. 28. In response to paragraph 28 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 29. In response to paragraph 29 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 30. In response to paragraph 30 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 31. In response to paragraph 31 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 32. In response to paragraph 32 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. -8- 2 33. In response to paragraph 33 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 34. In response to paragraph 34 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 35. In response to paragraph 35 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 36. In response to paragraph 36 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 37. In response to paragraph 37 of the Complaint, Experian admits that Specialized Loan Servicing, LLC, was reporting an account on Plaintiffs' credit reports. Except as specifically admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 37 of the Complaint. 38. In response to paragraph 38 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this -9- 2 time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 39. In response to paragraph 39 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 40. In response to paragraph 40 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 41. In response to paragraph 41 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. As to the allegations in paragraph 41 of the Complaint that relate to the other defendants, Experian does not have knowledge or information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 41 of the Complaint. 42. In response to paragraph 42 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 43. In response to paragraph 43, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. As to the allegations in paragraph 43 of the Complaint that relate to the other defendants, Experian does not have knowledge or - 10 - 2 information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 43 of the Complaint. 44. In response to paragraph 44 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 45. In response to paragraph 45 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 46. In response to paragraph 46 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 47. Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. As to the allegations in paragraph 47 of the Complaint that relate to the other defendants, Experian does not have knowledge or information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 47 of the Complaint. 48. In response to paragraph 48 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this - 11 - 2 time and, on that basis, denies, generally and specifically, each and every allegation contained therein. CAUSE OF ACTION – FAIR CREDIT REPORTING ACT AGAINST SLS 49. In response to paragraph 49 of the Complaint, Experian admits that Specialized Loan Servicing, LLC is a furnisher of information as that term is defined by the Fair Credit Reporting Act, 15 U.S.C. §1681s-2(b). 50. In response to paragraph 50 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 50 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 51. In response to paragraph 51 of the Complaint, Experian admits that, at some point in time, Plaintiffs disputed a Specialized Loan Servicing, LLC, account. Except as specifically admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 51 of the Complaint. 52. In response to paragraph 52 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 52 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. As to the allegations in paragraph 52 of the Complaint that relate to the other defendants, Experian does not have knowledge or information sufficient to form a belief as to the truth of those allegations - 12 - 2 and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 52 of the Complaint. 53. In response to paragraph 53 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 53 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. As to the allegations in paragraph 53 of the Complaint that relate to the other defendants, Experian does not have knowledge or information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 53 of the Complaint. 54. In response to paragraph 54 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 55. In response to paragraph 55 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 56. In response to paragraph 56 of the Complaint, Experian admits that Specialized Loan Servicing, LLC, was reporting an account on Plaintiffs' credit reports. Except as specifically admitted, Experian denies, generally and specifically, each and every remaining allegation of paragraph 56 of the Complaint. - 13 - 2 57. In response to paragraph 57 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 58. In response to paragraph 58 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 59. In response to paragraph 59 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. CAUSE OF ACTION – FAIR DEBT COLLECTION PRACTICES ACT AGAINST SLS 60. In response to paragraph 60 of the Complaint, Experian admits that Specialized Loan Servicing, LLC is a debt collector as that term is defined by the Fair Debt Collection Practices Act, 15 U.S.C. §1692(a)(5). 61. In response to paragraph 61 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Debt Collection Practices Act. Experian affirmatively states that the Fair Debt Collection Practices Act speaks for itself, and on that basis, denies any allegations of paragraph 61 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. - 14 - 2 62. In response to paragraph 62 of the Complaint, Experian admits that Plaintiff is a "consumer" as the term as the term is defined by 15 U.S.C. § 1692a(3). 63. In response to paragraph 63 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Debt Collection Practices Act. Experian affirmatively states that the Fair Debt Collection Practices Act speaks for itself, and on that basis, denies any allegations of paragraph 63 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 64. In response to paragraph 64 of the Complaint and its subparts, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 65. In response to paragraph 65 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. CAUSE OF ACTION – FAIR CREDIT REPORTING ACT AGAINST EXPERIAN 66. In response to paragraph 66, Experian admits that it is a consumer reporting agency as defined by 15 U.S.C. § 1681a(f). Experian admits that the allegations contained therein appear to set forth a portion of Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 66 inconsistent therewith. Further, Experian is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained therein at this - 15 - 2 time and, on that basis, denies, generally and specifically, each and every remaining allegation contained therein. 67. In response to paragraph 67 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 67 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 68. In response to paragraph 68 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 68 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 69. In response to paragraph 69 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 70. In response to paragraph 70 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 71. In response to paragraph 71 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this - 16 - 2 time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 72. In response to paragraph 72 of the Complaint, Experian admits that the allegations contained therein appear to set forth a portion of the Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 72 inconsistent therewith. Further, Experian denies, generally and specifically, each and every allegation contained therein that relates to Experian. 73. In response to paragraph 73 of the Complaint, Experian denies, generally and specifically, each and every allegation contained therein on the grounds that it does not understand the allegations as pled. 74. In response to paragraph 74 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. CAUSE OF ACTION – FAIR CREDIT REPORTING AGAINST EQUIFAX 75. In response to paragraph 75, Experian admits that Equifax Information Services, LLC, is a consumer reporting agency as defined by 15 U.S.C. § 1681a(f). Experian admits that the allegations contained therein appear to set forth a portion of Fair Credit Reporting Act. Experian affirmatively states that the Fair Credit Reporting Act speaks for itself, and on that basis, denies any allegations of paragraph 75 inconsistent therewith. As to the allegations in paragraph 75 of the Complaint that relate to the other defendants, Experian does not have knowledge or information sufficient to form a belief as to the truth of those allegations and, on that basis, denies, generally and specifically, each and every remaining allegation of paragraph 75 of the Complaint. - 17 - 2 76. In response to paragraph 76 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 77. In response to paragraph 77 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 78. In response to paragraph 78 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 79. In response to paragraph 79 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 80. In response to paragraph 80 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 81. In response to paragraph 81 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this - 18 - 2 time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 82. In response to paragraph 82 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. 83. In response to paragraph 83 of the Complaint, Experian is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein at this time and, on that basis, denies, generally and specifically, each and every allegation contained therein. RESPONSE TO DEMAND FOR JURY TRIAL Experian admits that Plaintiff has demanded a trial by jury on all issues triable. AFFIRMATIVE DEFENSES In further response to Plaintiff's Complaint, Experian hereby asserts the following affirmative defenses, without conceding that it bears the burden of persuasion as to any of them. FIRST AFFIRMATIVE DEFENSE The Complaint herein, and each cause of action thereof, fails to set forth facts sufficient to state a claim upon which relief may be granted against Experian and further fails to state facts sufficient to entitle Plaintiff to the relief sought, or to any other relief whatsoever from Experian. SECOND AFFIRMATIVE DEFENSE All claims against Experian are barred because all information Experian communicated to any third person regarding Plaintiff was true. - 19 - 2 THIRD AFFIRMATIVE DEFENSE Experian is informed and believes and thereon alleges that any purported damages allegedly suffered by Plaintiff are the results of the acts or omissions of third persons over whom Experian had neither control nor responsibility. FOURTH AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate his damages. FIFTH AFFIRMATIVE DEFENSE The Complaint and each claim for relief therein are barred by laches. SIXTH AFFIRMATIVE DEFENSE Experian is informed and believes and thereon alleges that any alleged damages sustained by Plaintiff were, at least in part, caused by the actions of Plaintiff himself and/or third parties and resulted from Plaintiff's or third parties' own negligence which equaled or exceeded any alleged negligence or wrongdoing by Experian. SEVENTH AFFIRMATIVE DEFENSE Any damages which Plaintiff may have suffered, which Experian continues to deny, were the direct and proximate result of the conduct of Plaintiff. Therefore, Plaintiff is estopped and barred from recovery of any damages. EIGHTH AFFIRMATIVE DEFENSE The Complaint, and each claim for relief therein that seeks equitable relief, are barred by the doctrine of unclean hands. NINTH AFFIRMATIVE DEFENSE Experian is informed and believes and thereon alleges that if Plaintiff sustained any of the injuries alleged in the Complaint, there was an intervening, superseding cause and/or causes - 20 - 2 leading to such alleged injuries and, as such, any action on the part of Experian was not a proximate cause of the alleged injuries. TENTH AFFIRMATIVE DEFENSE Experian reserves the right to assert additional affirmative defenses at such time and to such extent as warranted by discovery and the factual developments in this case. PRAYER FOR RELIEF WHEREFORE, Defendant Experian Information Solutions, Inc. prays as follows: (1) That Plaintiff take nothing by virtue of the Complaint herein and that this action be dismissed in its entirety; (2) For costs of suit and attorneys' fees herein incurred; and (3) For such other and further relief as the Court may deem just and proper. Dated: January 9, 2020 Respectfully submitted, /s/ Michael A. Erdmann Michael A. Erdmann State Bar No. 24055453 JONES DAY 2727 North Harwood St. Dallas, TX 75201 Telephone: 214.220.3939 Facsimile: 214.969.5100 merdmann@jonesday.com Attorney for Defendant Experian Information Solutions, Inc. - 21 - 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of January, 2020, I caused the foregoing to be electronically filed with the clerk of court for the U.S. District Court, Western District of Texas, by using the CM/ECF system, which will send a notice of electronic filing to all counsel of record. /s/ Michael A. Erdmann Michael A. Erdmann - 22 -