UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

MICHAEL J. YOUNG,

Plaintiff,

v.

EXPERIAN INFORMATION 

SOLUTIONS, INC., et al.,

Defendants.

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Case No. 2:18-CV-52-MHW-CMV

ANSWER AND AFFIRMATIVE DEFENSES

NOW COMES defendant Experian Information Solutions, Inc. (“Experian”), by its 

undersigned counsel, and in answer to the Complaint, states as follows:

1. In response to paragraph 1 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein.

2. In response to paragraph 2 of the Complaint, Experian states that it is an Ohio 

corporation, with its principal place of business in Costa Mesa, California. Experian admits that 

it is qualified to do business and does conduct business in the State of Ohio. In response to the 

remaining allegations of paragraph 2, Experian is without 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 such allegation.

3. In response to paragraph 3 of the Complaint, Experian states that this paragraph 

states legal conclusions that are not subject to denial or admission.

4. In response to paragraph 4 of the Complaint, Experian states that this paragraph 

states legal conclusions that are not subject to denial or admission.

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5. In response to paragraph 5 of the Complaint, Experian denies, generally and 

specifically, each and every allegation therein against Experian. As to the remaining allegations 

in paragraph 5, Experian is without 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 

such allegation.

6. In response to paragraph 6 of the Complaint, Experian denies, generally and 

specifically, each and every allegation therein against Experian. As to the remaining allegations 

of in paragraph 6, Experian is without 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 

such allegation.

7. In response to paragraph 7 of the Complaint, Experian states that this paragraph is 

not subject to denial or admission.

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 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 and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

10. In response to paragraph 10 of the Complaint, Experian states that this paragraph 

is not subject to denial or admission.

11. In response to paragraph 11 of the Complaint, Experian denies, generally and

specifically, each and every allegation therein against Experian. Experian admits that it received 

a letter dated October 12, 2017, and purporting to come from Plaintiff, requesting that Experian 

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“remove” from Plaintiff’s “Personal Credit Report” (1) “[a]ll Federal Tax Liens . . . reported as 

released,” as well as (2) “[a]ny reference to bankruptcy filings by ‘Michael J. Young, Trustee.’” 

Experian promptly addressed both requests. No tax liens reporting to Experian as “released” 

were allowed to remain on Plaintiff’s credit disclosure, and there were (and are) no bankruptcy 

“reference[s] to . . . ‘Michael J. Young, Trustee’” on Plaintiff’s credit disclosure. 

12. In response to paragraph 12 of the Complaint, Experian admits that it has issued

credit reports with respect to Plaintiff. Experian denies, generally and specifically, each and

every remaining allegation in paragraph 12.

13. In response to paragraph 13 of the Complaint, Experian states that this paragraph 

is not subject to denial or admission.

14. In response to paragraph 14 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

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 and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

16. All allegations not expressly admitted above are denied.

AFFIRMATIVE DEFENSES

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 Plaintiffs to the relief sought, or to any other relief whatsoever from 

Experian.

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SECOND AFFIRMATIVE DEFENSE

All claims against Experian are barred because all information Experian communicated 

to any third person regarding Plaintiff was true.

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 is 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 resulted from 

Plaintiff’s own negligence which equaled or exceeded any alleged negligence or wrongdoing by 

Experian.

SEVENTH AFFIRMATIVE DEFENSE

Any damages which Plaintiffs 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

Experian is informed and believes and thereon alleges that some claims for relief in the 

Complaint herein are barred by the applicable statutes of limitations, including but not limited to 

15 U.S.C. § 1681p. 

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NINTH AFFIRMATIVE DEFENSE

The Complaint, and each claim for relief therein that seeks equitable relief, is barred by 

the doctrine of unclean hands.

TENTH AFFIRMATIVE DEFENSE

Plaintiff’s alleged damages were not caused by Experian, but by an independent 

intervening cause.

ELEVENTH AFFIRMATIVE DEFENSE

Claims against Experian are barred by the qualified immunity of 15 U.S.C. § 1681h(e).

TWELFTH 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.

WHEREFORE, Defendant Experian Information Solutions, Inc. prays as follows:

(1) That Plaintiffs 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: May 25, 2018 Respectfully submitted,

/s/ Emmett E. Robinson_____________

Emmett E. Robinson 

JONES DAY 

901 Lakeside Avenue

Cleveland, OH 44114 

Telephone: (216) 586-3939

Facsimile: (216) 579-0212

Email: erobinson@jonesday.com

Attorney for Defendant Experian Information 

Solutions, Inc.

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CERTIFICATE OF SERVICE

I hereby certify that on May 25, 2018, the foregoing Answer was filed via the Court’s 

electronic filing system. Counsel of record will be served electronically with notice of this filing 

as indicated on the electronic filing receipt and will have access to the Answer via the Court’s 

electronic system. I also certify that a copy of this Answer will be emailed by me directly to pro 

se plaintiff Michael J. Young this day, May 25, 2018, at myoung@youprop.com, and will be sent

via U.S. Mail to the same at:

Michael J. Young

610 Old Farm Road

Columbus, OH 43213.

/s/ Emmett E. Robinson

Attorney for Defendant 

Experian Information Solutions, Inc.

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