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Kimberley Hanks McGair, OSB #984205 

kmcgair@fwwlaw.com

FARLEIGH WADA WITT 

121 SW Morrison Street, Suite 600 

Portland, Oregon 97204-3136 

Telephone: (503) 228-6044 

Facsimile: (503) 228-1741 

 Attorneys for Defendant Advanced Reporting, LLC 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

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-00051-BR

DEFENDANT ADVANCED REPORTING, 

LLC’S ANSWER AND AFFIRMATIVE 

DEFENSES

Defendant Advanced Reporting, LLC (“Advanced Reporting”) answers plaintiff’s 

complaint as follows: 

1.

Advanced Reporting admits the allegations in paragraph 1 and of plaintiff’s 

complaint. 

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2.

Advanced Reporting has insufficient information to admit or deny the allegations 

in paragraphs 3, 4 and 5 of plaintiff’s complaint and so denies the same. 

3.

Advanced Reporting admits the allegations contained in paragraph 6 of plaintiff’s 

complaint. 

4.

Advanced Reporting has insufficient information to admit or deny the allegations 

contained in paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of plaintiff’s complaint and 

so denies the same. 

5.

Advanced Reporting admits that Columbia County Christian School requested a 

criminal background check on plaintiff from Advanced Reporting. Advanced Reporting has 

insufficient information to admit or deny the remaining allegations in paragraph 19 of plaintiff’s 

complaint. 

6.

Advanced Reporting admits that, after using reasonable procedures to prepare its 

report, it prepared and sent to Columbia County Christian School a report that contained 

information belonging to an individual with the same first name, middle name, last name and 

date of birth as plaintiff, but who was not the plaintiff. Advanced Reporting denies the remaining 

violations of paragraph 20 of plaintiff’s complaint. 

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7.

Advanced Reporting admits that, after using reasonable procedures to prepare its 

report, it prepared and sent to Columbia County Christian School a report identifying plaintiff 

that contained the information set forth in paragraph 21 of plaintiff’s complaint. Advanced 

Reporting further admits that it later learned that the described information belonged to an 

individual with the same first name, middle name, last name and date of birth as plaintiff, but 

who was not the plaintiff. Advanced Reporting has insufficient information to admit or deny the 

allegations in paragraph 21 regarding plaintiff and so denies the same. Advanced Reporting 

denies the remaining allegations in paragraph 21 of plaintiff’s complaint. 

8.

The allegations in paragraphs 22 through 45 of plaintiff’s complaint are not 

asserted against Advanced Reporting and do not require a response. To the extent a response is 

required, Advanced Reporting has insufficient information to admit or deny the allegations 

therein and so denies the same. 

9.

Advanced Reporting admits and denies the allegations in paragraph 46 of 

plaintiff’s complaint as they were admitted and denied above. 

10.

Advanced Reporting denies the allegations contained in paragraphs 47 and 48 of 

plaintiff’s complaint. 

11.

In answer to paragraph 49 of plaintiff’s complaint, Advanced Reporting denies 

that plaintiff is entitled to recover her attorneys fees. 

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12.

Advanced Reporting admits and denies the allegations in paragraph 50 of 

plaintiff’s complaint as they were admitted and denied above. 

13.

Advanced Reporting denies the allegations contained in paragraphs 51 and 52 of 

plaintiff’s complaint. 

14.

In answer to paragraph 53 of plaintiff’s complaint, Advanced Reporting denies 

that plaintiff is entitled to recover her attorneys fees. 

FIRST AFFIRMATIVE DEFENSE 

(Failure to State a Claim) 

15.

Plaintiff has failed to state a claim upon which relief may be granted. 

SECOND AFFIRMATIVE DEFENSE 

(Reasonable Procedures) 

 Advanced Reporting has, at all materials, used reasonable procedures to assure 

maximum possible accuracy of the information in its reports. 

THIRD AFFIRMATIVE DEFENSE 

(Failure to Mitigate) 

17.

Plaintiff’s claims are barred to the extent she failed to take reasonable steps to 

mitigate her damages. 

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WHEREFORE, defendant Advanced Reporting, LLC prays for judgment in its 

favor dismissing plaintiff’s claims against Advanced Reporting, LLC and awarding Advanced 

Reporting, LLC its costs incurred herein. 

DATED: May 12, 2016. 

FARLEIGH WADA WITT 

By: s/ Kimberley Hanks McGair 

Kimberley Hanks McGair, OSB #984205 

(503) 228-6044 

kmcgair@fwwlaw.com

Attorneys for Defendant Advanced 

Reporting, LLC 

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CERTIFICATE OF SERVICE 

I hereby certify that on May 12, 2016, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which will send notification of such filing to the 

following: 

Andrew M. Altschul 

andrew@baaslaw.com, heather@baaslaw.com 

Christopher J. Kayser 

cjkayser@larkinsvacura.com, docket@larkinsvacura.com, nicole-smith-larkins-vacurallp-3754@ecf.pacerpro.com, nsmith@larkinsvacura.com

Megan H. Poonolly 

mpoonolly@seyfarth.com

Robert S. Sola 

rssola@msn.com, saflatooni@outlook.com 

Ronald I. Raether , Jr 

Ronald.Raether@troutmansanders.com, Amanda.Haynes@troutmansanders.com 

Shidon B. Aflatooni 

saflatooni@outlook.com 

William J. Edgar 

wedgar@bittner-hahs.com, mmoore@bittner-hahs.com 

FARLEIGH WADA WITT 

By: s/ Kimberley Hanks McGair 

Kimberley Hanks McGair, OSB #984205 

(503) 228-6044 (phone) 

kmcgair@fwwlaw.com

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