Catrina R. Rodriguez, on behalf of herself, all others similarly situated v. U.S. Healthworks Inc., et al.
Published: Jun. 28, 2019 | Result Date: May 17, 2019 |Case number: 17-cv-06924-KAW Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
C. Shaun Setareh
(Setareh Law Group )
William M. Pao
(Setareh Law Group )
Alexandra Rochelle McIntosh
(Haines Law Group APC)
Defendant
Hardev S. Chhokar
(Jackson Lewis PC)
Hazel U. Poei
(Jackson Lewis PC)
Facts
Plaintiff Catrina Rodriguez filed a class action lawsuit against U.S. Healthworks Inc. in relation to background checks of job applicants.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the health care provider ran background checks on job applicants without properly informing them. Additionally, plaintiff alleged that the company's disclosures about its background checks violated the Fair Credit Reporting Act. Plaintiff contended that she did not discover the violation when she signed the forms because since she was not mailed a copy of her report, and therefore, had no reason to believe that defendants had obtained one.
DEFENDANT'S CONTENTIONS: Defendant contended that the court lacked subject matter jurisdiction over the case because the plaintiff did not have standing. Additionally, defendant alleged that plaintiff knew or should have known that her consumer report was pulled by her first day of employment on July 26, 2013, more than four years prior to the filing of her lawsuit because she knew her employment was conditioned on a successful background check.
Result
The court granted summary judgment in favor of defendant.
Other Information
Plaintiff has filed a notice of appeal to the 9th Circuit Court of Appeals in relation to the matter.
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