Williams v. Experian Information Solutions, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
Western Division
IAN WILLIAMS,
Plaintiff,
v. 	Case No. 2:25-cv-02584-MSN-cgc
EXPERIAN INFORMATION SOLUTIONS, INC.,
Defendant.
REPORT AND RECOMMENDATION
Before the Court, by way of Administrative Order 2013-05,1 is Plaintiff Ian Williams’
Motion to Remand2 the matter to state court filed on June 16, 2025. (Docket Entry (D.E. # 7)
Defendant Experian Information Solutions Inc. filed its response in opposition on June 27, 2025.
(D.E. # 11) For the reasons stated below, it is RECOMMENDED that Plaintiff’s motion be
DENIED.
On May 10, 2025, Plaintiff filed a pro se Complaint in the General Sessions Court of
Shelby County, Tennessee against Defendant alleging Fair Credit Reporting Act (“FCRA”), 15
U.S.C. § 1681, et seq. violations. 	(D.E.) #1-1). 	On June 9, 2025, Defendant filed its notice of
removal pursuant to 28 U.S.C. § 1441(a). (D.E. # 1)
Plaintiff filed the instant motion alleging that “this case does not raise a substantial federal
question and is appropriately handled in state court.” 	(D.E. # 7, PageID 19) 	To support his
argument, Plaintiff relies on a phantom case, “Gaines v. Experian Information Solutions, Inc.”,
1 The instant case has been referred to the United States Magistrate Judge by Administrative Order pursuant to the
Federal Magistrates Act, 28 U.S.C. §§ 631-639. All pretrial matters within the Magistrate Judge’s jurisdiction are
referred pursuant to 28 U.S.C. § 636(b)(1)(A) for determination, and all other pretrial matters are referred pursuant to
28 U.S.C. § 636(b)(1)(B)-(C) for report and recommendation
2 Without leave of court as required by Local Rule 7.2(c), Plaintiff filed a ‘sur-reply’ (D.E. # 12). This document
will not be considered for purposes of evaluating the motion.
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which is purportedly a case from the Western District of Tennessee. 	There is no case by this
caption or with the case number as listed by Plaintiff in his memorandum. Plaintiff reiterates that
the case is brought pursuant to the FCRA “based on Experian’s failure to properly investigate and
correct inaccurate items on Plaintiff’s credit report.3”
Removal of a civil case from state court to federal court is governed by 28 U.S.C. § 1441.
The requirement for removal is that the action must be one of which “the district courts of the
United States have original jurisdiction.” 	28 U.S.C. § 1441(a) 	Federal district courts have
jurisdiction over a number of types of cases including, but not limited to, cases that “arise under
the Constitution, laws or treaties of the United States.” 	28 U.S.C. § 1331 	The procedure for
removing a civil action requires the removing party to file
“in the district court of the United States for the district and division within
which such action is pending a notice of removal signed pursuant to Rule 11 of the
Federal Rules of Civil Procedure and containing a short and plain statement of the
grounds for removal, together with a copy of all process, pleadings, and orders
served upon such defendant or defendants in such action.”
28 U.S.C. § 1446 (a)
The notice of removal must be filed within 30 days of receipt of the initial pleading by the
defendant. 28 U.S.C. § 1446 (b)(1) 	The removing party must give written notice to all adverse
parties and shall file a copy of the notice with the clerk of the State court. 28 U.S.C. § 1446(d)
Plaintiff does not allege or raise as an issue in his motion or memorandum that is a defect in the
execution of .any of these requirements
3 Plaintiff filed a notice of supplemental authority which withdraws his reliance on “Gaines” but cites Austin v Life
Insurance Company of Georgia, 2:03-cv-2710-JPM without directing the court to a specific order. (D.E. # 9)
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Because it appears from the record that Defendant satisfied all of the statutory requirements
for removal, it is RECOMMENDED that the motion to remand be DENIED.
SIGNED this 11th day of February, 2026.
s/ Charmiane G. Claxton
CHARMIANE G. CLAXTON
UNITED STATES MAGISTRATE JUDGE
ANY OBJECTIONS OR EXCEPTIONS TO THIS REPORT MUST BE FILED WITHIN
FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THE REPORT. 28
U.S.C. § 636(b)(1)(C). FAILURE TO FILE THEM WITHIN FOURTEEN (14) DAYS MAY
CONSTITUTE A WAIVER AND/OR FORFEITURE OF THE OPPORTUNITY TO
RAISE OBJECTIONS, EXCEPTIONS, AND ANY FURTHER APPEAL.
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