PAGE 1 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

William J. Edgar, OSB #120136 

wedgar@bittner-hahs.com 

Bittner & Hahs, PC 

4949 SW Meadows Road, Suite 260 

Lake Oswego, OR 97035 

T: (503) 228-5626 

F: (503) 228-8566 

Attorney for Defendant 

Background Investigations, Inc. 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

SAMANTHA JOHNSON, 

 Plaintiff, 

 v. 

BACKGROUND 

INVESTIGATIONS, INC., a 

domestic corporation; CORELOGIC 

CREDCO, LLC, a foreign 

corporation; FIRST ADVANTAGE 

BACKGROUND SERVICES 

CORP., a foreign corporation; 

ADVANCED REPORTING, LLC, a 

domestic corporation, 

 Defendants. 

 Case No. 3-16-cv-0051-BR

Defendant Background Investigations, Inc.’s 

ANSWER AND AFFIRMATIVE DEFENSES 

TO PLAINTIFF’S AMENDED 

COMPLAINT

Defendant Background Investigations, Inc. (“Defendant Background”) submits the 

following answer and affirmative defenses to Plaintiff Samantha Johnson’s Amended Complaint 

as follows: 

1. 

Defendant Background admits the court has jurisdiction under 15 U.S.C. § 1681p as 

alleged in paragraph 1 of Plaintiff’s Amended Complaint. 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 1 of 11
PAGE 2 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

2. 

Defendant Background admits the allegations contained in paragraph 2 of Plaintiff’s 

Amended Complaint. 

3. 

Defendant Background admits the allegations contained in paragraph 3 of Plaintiff’s 

Amended Complaint. 

4. 

All allegations contained in paragraph 4 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 4. 

5. 

All allegations contained in paragraph 5 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 5. 

6. 

All allegations contained in paragraph 6 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 6. 

7. 

Defendant Background admits that River City requested Plaintiff’s consumer report from 

Defendant Background. Defendant Background is without knowledge sufficient to form a belief 

as to the truth of the remaining allegations contained in paragraph 7 of Plaintiff’s Amended 

Complaint and, therefore, denies the same. 

/// 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 2 of 11
PAGE 3 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

8. 

Defendant Background admits that it issued Plaintiff’s consumer report to River City that 

was later amended. Defendant denies the remaining allegations contained in paragraph 8 of 

Plaintiff’s Amended Complaint. 

9. 

Defendant Background admits the information reported to River City. Defendant 

Background is without knowledge sufficient to form a belief as to the truth of the remaining 

allegations contained in paragraph 9 of Plaintiff’s Amended Complaint and, therefore, denies the 

same. 

10. 

Defendant Background is without information sufficient to form a belief as to the truth of 

the allegations contained in paragraph 10 of Plaintiff’s Amended Complaint and, therefore, 

denies the same. 

11. 

Defendant Background denies the allegations contained in paragraph 11 of Plaintiff’s 

Amended Complaint. 

12. 

Defendant Background denies the allegations contained in paragraph 12 of Plaintiff’s 

Amended Complaint. 

13. 

Defendant Background admits the allegations contained in paragraph 13 of Plaintiff’s 

Amended Complaint. 

14. 

Defendant Background admits that it sent Plaintiff a copy of her consumer report. 

Defendant Background denies the remaining allegations contained in paragraph 14 of Plaintiff’s 

Amended Complaint. 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 3 of 11
PAGE 4 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

15. 

The allegations in paragraph 15 of Plaintiff’s Amended Complaint are entirely against 

another defendant and do not require a response from Defendant Background. To the extent a 

response is required, Defendant Background denies all allegations contained in paragraph 15. 

16. 

All allegations contained in paragraph 16 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 16. 

17. 

All allegations contained in paragraph 17 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 17. 

18. 

All allegations contained in paragraph 18 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 18. 

19. 

Defendant Background is without information sufficient to form a belief as to the truth of 

the allegations contained in paragraph 19 of Plaintiff’s Amended Complaint and, therefore, 

denies the same. 

20. 

All allegations contained in paragraph 20 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 20. 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 4 of 11
PAGE 5 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

21. 

All allegations contained in paragraph 21 of Plaintiff’s Amended Complaint are entirely 

against another defendant and do not require a response from Defendant Background. To the 

extent a response is required, Defendant Background denies all allegations in paragraph 21. 

FIRST CLAIM FOR RELIEF 

(Against Background Investigations) 

(Negligent Noncompliance with the FCRA) 

22. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

21 above as if the same were set forth in full herein. 

23. 

Defendant Background denies all allegations contained in paragraph 23 of Plaintiff’s 

Amended Complaint. 

24. 

Defendant Background denies all allegations contained in paragraph 24 of Plaintiff’s 

Amended Complaint. 

25. 

Defendant Background admits that plaintiff is requesting attorney fees pursuant to 15 

U.S.C. § 1681o(a). 

SECOND CLAIM FOR RELIEF 

(Against Background Investigations) 

(Willful Noncompliance with the FCRA) 

26. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

25 above as if the same were set forth in full herein. 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 5 of 11
PAGE 6 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

27. 

Defendant Background denies all allegations contained in paragraph 27 of Plaintiff’s 

Amended Complaint. 

28. 

Defendant Background admits that Plaintiff is seeking punitive damages. Defendant 

Background denies all remaining allegations contained in paragraph 28 of Plaintiff’s Amended 

Complaint. 

29. 

Defendant Background admits that plaintiff is requesting attorney fees pursuant to 15 

U.S.C. § 1681o(a). 

THIRD CLAIM FOR RELIEF 

(Against CoreLogic) 

(Negligent Noncompliance with the FCRA) 

30. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

29 above as if the same were set forth in full herein. 

31. 

All allegations contained in paragraphs 31, 32 and 33 are entirely against another 

defendant and do not require a response from Defendant Background. To the extent a response 

is required, Defendant Background denies all allegations contained in paragraphs 31, 32 and 33 

of Plaintiff’s Amended Complaint. 

/// 

/// 

/// 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 6 of 11
PAGE 7 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

FOURTH CLAIM FOR RELIEF 

(Against CoreLogic) 

(Willful Noncompliance with the FCRA) 

32. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

33 above as if the same were set forth in full herein. 

33. 

The allegations contained in paragraphs 35, 36 and 37 are entirely against another 

defendant and do not require a response from Defendant Background. To the extent a response 

is required, Defendant Background denies all allegations contained in paragraphs 35, 36 and 37 

of Plaintiff’s Amended Complaint. 

FIFTH CLAIM FOR RELIEF 

(Against First Advantage) 

(Negligent Noncompliance with the FCRA) 

34. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

37 above as if the same were set forth in full herein. 

35. 

The allegations contained in paragraph 39, 40 and 41 are entirely against another 

defendant and do not require a response from Defendant Background. To the extent a response 

is required, Defendant Background denies all allegations contained in paragraphs 39, 40 and 41 

of Plaintiff’s Amended Complaint. 

/// 

/// 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 7 of 11
PAGE 8 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

SIXTH CLAIM FOR RELIEF 

(Against First Advantage) 

(Willful Noncompliance with the FCRA) 

36. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

41 above as if the same were set forth in full herein. 

37. 

The allegations contained in paragraphs 43, 44 and 45 are entirely against another 

defendant and do not require a response from Defendant Background. To the extent a response 

is required, Defendant Background denies all allegations contained in paragraphs 43, 44 and 45 

of Plaintiff’s Amended Complaint. 

SEVENTH CLAIM FOR RELIEF 

(Against Advanced Reporting) 

(Negligent Noncompliance with the FCRA) 

38. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

45 above as if the same were set forth in full herein. 

39. 

The allegations contained in paragraphs 47, 48 and 49 are entirely against another 

defendant and do not require a response from Defendant Background. To the extent a response 

is required, Defendant Background denies all allegations contained in paragraphs 47, 48 and 49 

of Plaintiff’s Amended Complaint. 

/// 

/// 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 8 of 11
PAGE 9 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

EIGHTH CLAIM FOR RELIEF 

(Against Advanced Reporting) 

(Willful Noncompliance with the FCRA) 

40. 

Defendant Background incorporates by reference its responses to paragraphs 1 through 

49 above as if the same were set forth in full herein. 

41. 

The allegations contained in paragraphs 51, 52 and 53 are entirely against another 

defendant and do not require a response from Defendant Background. To the extent a response 

is required, Defendant Background denies all allegations contained in paragraphs 51, 52 and 53 

of Plaintiff’s Amended Complaint. 

AFFIRMATIVE DEFENSES

Without waiving the foregoing or assuming the burden of proof with respect to its 

affirmative defenses, Defendant Background alleges the following affirmative defenses: 

FIRST AFFIRMATIVE DEFENSE 

(Failure to State a Claim – All Causes of Action) 

42. 

Plaintiff’s Amended Complaint and each and every cause of action therein fails to state a 

claim upon which relief can be granted or facts sufficient to constitute a cause of action. 

SECOND AFFIRMATIVE DEFENSE 

(Laches)

43. 

Plaintiff’s claims should be barred by the doctrine of laches. 

/// 

/// 

/// 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 9 of 11
PAGE 10 – DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S

AMENDED COMPLAINT 

 BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

THIRD AFFIRMATIVE DEFENSE 

(Statute of Limitations) 

44. 

Plaintiff’s claims should be barred by the applicable statute of limitations. 

RESERVATION OF RIGHTS TO ALLEGE OTHER AFFIRMATIVE DEFENSES

Defendant Background Investigations, Inc. reserves the right to assert additional defenses 

that are supported by information or facts obtained through discovery or other means during this 

case and expressly reserves the right to amend this response to assert such additional affirmative 

defenses. 

 WHEREFORE, Defendant Background Investigations, Inc. prays as follows: 

 1. That Plaintiff’s Amended Complaint be dismissed with prejudice and that 

judgment be entered in its favor and that Plaintiff take nothing thereby; 

 2. That Defendant Background Investigations, Inc. be awarded all costs and 

disbursements; and 

 3. For such other and further relief as the Court deems just and proper. 

DATED this 13th day of April, 2016. 

BITTNER & HAHS, P.C. 

By: s/William J. Edgar 

William J. Edgar, OSB #120136 

Of Attorneys for Defendant 

Background Investigations, Inc. 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 10 of 11
Page 1 - CERTIFICATE OF SERVICE 

BITTNER & HAHS, P.C. 4949 SW MEADOWS RD., STE 260 

LAKE OSWEGO, OR 97035 

TEL: (503) 228-5626 

FAX: (503) 228-8566 

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CERTIFICATE OF SERVICE 

I hereby certify that on the 13th day of April, 2016, I served the foregoing 

DEFENDANT BACKGROUND INVESTIGATIONS, INC.’S ANSWER AND 

AFFIRMATIVE DEFENSES TO PLAINTIFF’S AMENDED COMPLAINT on the 

following individual(s):

Robert S. Sola, OSB #844541 

Shidon B. Aflatooni, OSB #113115 

Robert S. Sola, P.C. 

1500 SW First Avenue, Suite 800 

Portland, OR 97201 

F: (503) 243-4546 

E: rssola@msn.com

 saflatooni@outlook.com

Of Attorneys for Plaintiff 

Kimberly Hanks McGair, OSB #984205 

Farleigh Wada Witt 

121 SW Morrison Street, Suite 600 

Portland, OR 97204-3136 

F: (503) 228-1741 

E: kmcgair@fwwlaw.com

Of Attorneys for Advanced Reporting, LLC 

Christopher J. Kayser, OSB #984244 

Larkins Vacura LLP 

121 SW Morrison Street, Suite 700 

Portland, OR 97204 

F: (503) 827-7600 

E: cjkayser@larkinsvacura.com

and 

Ronald I. Raether, Jr., Pro Hac Vice

Troutman Sanders LLP 

1001 Haxall Point 

Richmond, Virginia 23219 

F: (804) 698-6013 

E: Ronald.raether@troutmansanders.com

Of Attorneys for Corelogic Credco, LLC 

Andrew M. Altschul, OSB #980302 

Buchanan Angeli Altschul & Sullivan LLP 

321 SW 4th Avenue, Suite 600 

Portland, OR 97204 

F: (503) 974-5015 

E: andrew@baaslaw.com

and 

Frederick T. Smith, Pro Hac Vice

Megan H. Poonolly, Pro Hac Vice

Seyfarth Shaw LLP 

1075 Peachtree Street, Suite 2500 

Atlanta, Georgia 30309-3958 

F: (404) 892-7056 

E: fsmith@seyfarth.com mpoonolly@seyfarth.com

Of Attorneys for First Advantage Background 

Services Corp. 

via CM/ECF Notice of Electronic Filing. 

DATED this 13th day of April, 2016. 

 BITTNER & HAHS, P.C. 

 By: s/William J. Edgar 

William J. Edgar, OSB #120136 

Of Attorneys for Defendant Background 

Investigations, Inc. 

Case 3:16-cv-00051-BR Document 16 Filed 04/13/16 Page 11 of 11