Gerald Paul Hershfeldt v. Carleen Johnston, et al.

Summary

The United States District Court for the District of Colorado overruled Gerald Paul Hershfeldt’s objections and adopted a magistrate judge’s recommendation denying his motion for a temporary restraining order and preliminary injunction. The court held that Hershfeldt failed to comply with applicable notice and conferral requirements and did not demonstrate a substantial likelihood of success on his claims concerning child-support enforcement, due process, and the Fair Credit Reporting Act. The court concluded that the record did not clearly establish that no valid child-support order existed.

Holdings

1. The district court overruled Plaintiff's objections and adopted the magistrate judge's recommendation after de novo review.
2. Plaintiff was not entitled to temporary restraining-order or preliminary-injunction relief because he failed to comply with applicable notice and conferral requirements and failed to demonstrate a substantial likelihood of success on the merits.
3. Plaintiff failed to establish a substantial likelihood of success on his FCRA and due-process claims because he did not show through clear and unequivocal evidence that no valid child-support order existed.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation after de novo review of Plaintiff's objections.
2. Whether Plaintiff was entitled to a temporary restraining order or preliminary injunction despite failing to comply with notice, conferral, and service requirements.
3. Whether Plaintiff established a substantial or strong likelihood of success on his constitutional and Fair Credit Reporting Act claims based on the alleged absence of a valid child-support order.

Disposition

other