Synida Leann Lopez de Paz v. Experian Information Solutions, Inc. D/B/A/ Experian

CourtDistrict Court, S.D. New York
DecidedSeptember 19, 2025
Docket1:25-cv-02180
StatusUnknown

This text of Synida Leann Lopez de Paz v. Experian Information Solutions, Inc. D/B/A/ Experian (Synida Leann Lopez de Paz v. Experian Information Solutions, Inc. D/B/A/ Experian) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Synida Leann Lopez de Paz v. Experian Information Solutions, Inc. D/B/A/ Experian, (S.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ──────────────────────────────────── SYNIDA LEANN LOPEZ DE PAZ, 25-cv-2180 (JGK)

Plaintiff, MEMORANDUM OPINION AND ORDER - against -

EXPERIAN INFORMATION SOLUTIONS, INC. D/B/A/ EXPERIAN,

Defendant. ──────────────────────────────────── JOHN G. KOELTL, District Judge: The plaintiff, Synida Leann Lopez de Paz, alleges that Ex- perian Information Solutions, Inc. violated the Fair Credit Re- porting Act, 15 U.S.C. § 1681i, by failing to conduct a reasona- ble reinvestigation after she disputed supposedly inaccurate in- formation in her credit report. Lopez claims that she and Ex- perian entered into a settlement agreement shortly after Ex- perian removed the action to federal court and Lopez now moves to enforce that alleged agreement. Experian opposes that motion and separately moves to transfer this action to the United States District Court for the Middle District of Florida pursu- ant to 28 U.S.C. § 1404(a). For the reasons set forth below, Lopez’s motion to enforce is denied and Experian’s motion to transfer is granted. I. Background Lopez alleges that in December 2024, she “sent a written dispute letter to Experian at its designated address, requesting

a reinvestigation into the accuracy and completeness” of three accounts — what the parties call “tradelines” — appearing on her credit report. Compl. ¶ IV.A.9, ECF No. 1-1. According to Lopez, she specifically identified certain deficiencies in the letter, but “[r]ather than conducting a reasonable reinvestigation as required under Section 1681i of the FCRA, Experian responded with a form-letter ... that failed to address [her] specific concerns.” Id. ¶ IV.B.12. In February 2025, Lopez, who is a citizen of Florida,1 sued 0F Experian in New York state court, and Experian removed the ac- tion to this federal court. ECF No. 1. Shortly afterward, Ex- perian informed the Court that it intended to move to transfer the action to the United States District Court for the Middle District of Florida and requested a premotion conference. ECF No. 13. During that conference, the Court set a briefing sched- ule on Experian’s anticipated motion to transfer and referred the case to Magistrate Judge Barbara Moses to discuss the pro- spect of settlement in the meantime. ECF Nos. 18, 19. Magistrate Judge Moses then scheduled a conference for May and instructed

1 See Decl. of Karl B. Colbary Supp. Mot. to Transfer Venue (Colbary Transfer Decl.) Exs. 1–4, ECF 31. the parties to “conduct at least one good-faith settlement dis- cussion” before then. ECF No. 22 at 2. The parties’ counsel complied and had a telephone call to

discuss settlement on April 30, 2025. Decl. of Karl B. Colbary Opp. Pl.’s Mot. to Enforce Settlement Agreement (Colbary En- forcement Decl.) ¶ 5, ECF No. 40. During that call, Lopez’s counsel noted that Lopez had concerns with other tradelines that she had not addressed in her complaint and raised the possibil- ity of a global settlement covering all her claims against Ex- perian. Id. Later that same day, Lopez’s counsel sent Experian a letter indicating that Lopez was willing to “settle all claims against Experian for a lump-sum payment of $12,500, inclusive of all actual, statutory, and punitive damages, attorneys’ fees, and costs.” Id. Ex. 1 at 3 (emphasis in original). Experian responded by email on May 7 that it was able to

“offer $8,000 to settle this matter.” Id. Ex. 2 at 5. Lopez re- jected that offer because “it d[id] not include tradeline dele- tion of the subject tradelines.” Id. at 3. Experian sought clar- ification about whether Lopez was “looking to delete the two tradelines that remain at issue in this case,” to which Lopez’s counsel responded “yes, just those 2 remaining subject trade- lines.” Id. at 2–3. Experian’s counsel replied later that even- ing that “Experian [wa]s willing to delete the two accounts at issue if [they] c[ould] settle at $8k.” Id. at 1. The next day, May 8, Lopez’s counsel responded that “[t]he offer as presented is accepted,” but claimed that the offer “does not address or include other tradelines or the file as a

whole” and that he expected that Experian would “attempt to shoehorn in tradelines that are not the subject of this litiga- tion, which won’t happen.” Id. Ex. 3 at 6. Mutual recriminations followed. On May 9, Experian pushed back against Lopez’s characteri- zation of the negotiations, insisting that it “was under the im- pression that [they] were discussing a settlement of all claims.” Id. at 5. Lopez’s counsel responded that “[t]he parties already came to [an] agreement, and it is for deletion of ‘the two accounts at issue’ and $8,000 payment.” Id. at 4. He then “sen[t] a W-9 to facilitate” Experian’s payment. Id. On May 11, Experian emailed Lopez’s counsel and maintained that “[t]here is

no agreement” and that it had been “operating under the assump- tion that” the parties “were discussing a ‘global settlement’ of ‘all claims.’” Id. at 2. Experian maintained that it “remain[ed] willing to delete the two tradelines at issue in this case and pay $8,000 to settle all of [Lopez’s] claims as they relate to all her tradelines.” Id. (emphases in original). Lopez’s counsel was not mollified and threatened to “ask the court ... to en- force the settlement agreement” unless Experian “reverse[d] the repudiation.” Id. at 1. On May 9, 2025, Experian moved to transfer this case to the United States District Court for the Middle District of Florida. ECF No. 29. Two days later, Lopez moved to enforce the alleged

settlement agreement. ECF No. 32. II. Lopez’s Motion to Enforce Lopez claims that she and Experian entered into a binding settlement agreement and requests that the Court compel Experian to perform. In her view, Experian offered to pay her $8,000 and remove two credit tradelines from her credit report in exchange for releasing any claims she had against Experian arising from only those tradelines. Mot. to Enforce Br. 4, ECF No. 34. Lopez claims she “accepted the offer unequivocally in writing,” and then partially performed by sending a W-9 form and requesting additional details. Id. Experian disagrees. It contends that the parties never agreed on a material issue — whether Experian’s

payment would buy it a general release. See Mot. to Enforce Opp. Br. 5, ECF No. 39. Without a meeting of the minds on this issue, Experian argues there can be no binding contract. Id. “A district court has the power to enforce summarily, on motion, a settlement agreement reached in a case that was pend- ing before it.” Meetings & Expositions, Inc. v. Tandy Corp., 490 F.2d 714, 717 (2d Cir. 1974) (collecting cases).2 Parties may en- 1F ter into a settlement agreement without memorializing it in a fully executed written document, and that settlement agreement is as enforceable as any other oral contract. Winston v. Me- diafare Ent. Corp., 777 F.2d 78, 80 (2d Cir. 1985). In determin- ing whether an unsigned settlement agreement is binding, courts in the Second Circuit consider four factors: (1) whether there has been an express reservation of the right not to be bound in the absence of a writing; (2) whether there has been partial performance of the contract; (3) whether all of the terms of the alleged contract have been agreed upon; and (4) whether the agreement at issue is the type of contract that is usu- ally committed to writing.

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