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Rosco v. Experian Information Solutions

United States District Court, E.D. Washington

May 1, 2018

RUSSELL D. ROSCO and BONNIE R. ROSCO, Plaintiffs,
v.
EXPERIAN INFORMATION SOLUTIONS; FIRST BANK MORTGAGE; and ADVANTAGE GROUP, Defendants.

          ORDER DENYING PLAINTIFFS' MOTION FOR A PROTECTIVE ORDER

          ROSANNA MALOUF PETERSON UNITED STATES DISTRICT JUDGE.

         BEFORE THE COURT is Plaintiffs' Objection to Motion for an Order Confirming the Award or in the Alternative to Stay Execution of Judgment Pending Closing of Federal Case, ECF No. 282. Plaintiffs seek relief from Defendant TransUnion's execution of judgment pending the full disposition of this matter in a Washington state court. The Court construes Plaintiffs' motion as a motion for a protective order. The Court has reviewed the pleadings and the record and is fully informed.

         BACKGROUND

         Plaintiffs Bonnie and Russell Rosco (“Plaintiffs”) initiated this lawsuit against Defendant TransUnion and a number of other defendants in 2015 alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. See ECF No. 1 at 3. The Court has previously detailed the extensive procedural history of this action in its prior orders and will not repeat that history in this order. See, e.g., ECF No. 276.

         Plaintiffs and TransUnion reached a settlement agreement in June 2016, and the Court subsequently issued an Order Granting TransUnion's Motion to Enforce the Settlement Agreement, ECF No. 186. TransUnion then moved for attorney's fees and costs. See ECF No. 188. The Court issued a judgment in favor of TransUnion against Plaintiffs in the amount of $6, 862.40 for attorney's fees and costs. See ECF Nos. 217, 218.

         Before the Court adjudicated Plaintiffs' remaining claims against other defendants in this matter, Plaintiffs filed a notice of appeal regarding the Court's judgment in favor of TransUnion against Plaintiffs. See ECF Nos. 230 and 232. The Ninth Circuit dismissed Plaintiffs' appeal for lack of jurisdiction. ECF No. 275.

         Following the Ninth Circuit's dismissal of Plaintiffs' appeal, in the process of issuing another judgment in this matter, the case was mistakenly closed on December 7, 2017, but was reopened the same day. See ECF No. 277. Perhaps unaware that the case had been reopened on December 7, 2017, Plaintiffs filed a Motion to Reopen the Case, ECF No. 280, on January 6, 2018, which the Court denied as moot, ECF No. 281.

         On January 23, 2018, TransUnion initiated enforcement proceedings in the Okanogan Superior Court, a Washington state court, to execute the judgment awarding attorney's fees and costs to TransUnion, ECF No. 218. See ECF No. 282-1. Plaintiffs filed the present motion, requesting this Court deny TransUnion's state court motion to confirm the award or, in the alternative, stay the execution of the judgment pending the closing of the case and Plaintiffs' appeal. ECF No. 282.

         DISCUSSION

         Legal Standard for Denying a Motion in a State Court Action

         Plaintiffs move this Court to deny TransUnion's motion to confirm the award against Plaintiffs in a Washington state court. See ECF No. 282. TransUnion filed its foreign judgment in the Okanogan County Superior Court of Washington, ECF No. 282-1, and, consequently, the Court does not have jurisdiction to make a ruling in the state court matter.

         However, the Court generally construes pro se pleadings liberally. See Ramirez v. Galaza, 334 F.3d 850, 854 (9th Cir. 2003). Therefore, the Court construes Plaintiffs' motion as a request for an injunction of the state court proceeding.

         Legal Standard for Staying the Enforcement of a Judgment

         Plaintiffs move this Court to enjoin the state court, staying the execution of the judgment in favor of TransUnion ...


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