Bryan Hartwig v. Byrider Finance, LLC, d/b/a Car Now Acceptance Company

Summary

The United States District Court for the Western District of Wisconsin denied Bryan Hartwig’s motion for relief from judgment under Federal Rule of Civil Procedure 59(e) in his Fair Credit Reporting Act action against Byrider Finance, LLC. The court held that Hartwig had not shown a manifest error of law or fact, newly discovered evidence, or concrete and particularized injury sufficient to establish Article III standing. The court also denied the defendant’s motion to strike supplemental authority, leaving the action dismissed without prejudice.

Holdings

1. A substantive motion seeking alteration of a judgment and filed within 28 days of entry must be treated under Federal Rule of Civil Procedure 59(e), notwithstanding the movant's designation of the motion as one under Rule 60.
2. Relief under Rule 59(e) requires the movant to clearly establish a manifest error of law or fact or to present newly discovered evidence; merely forgetting to submit existing evidence does not satisfy that standard.
3. A plaintiff alleging inaccurate credit reporting must provide evidence of a concrete and particularized injury; proof that information was incomplete or inaccurate, without evidence of concrete reputational, credit, or other harm, is insufficient for Article III standing.
4. Defendant's motion to strike plaintiff's notice of supplemental authority is denied.

Questions Presented

1. Whether plaintiff's Rule 60 motion should be treated as a Rule 59(e) motion because it sought substantive alteration of the judgment and was filed within 28 days.
2. Whether plaintiff established a manifest error of law or fact or newly discovered evidence warranting relief under Rule 59(e).
3. Whether plaintiff demonstrated a concrete and particularized injury sufficient for Article III standing based on allegedly inaccurate post-bankruptcy credit reporting.
4. Whether defendant's motion to strike plaintiff's supplemental authority should be granted.

Disposition

dismissed