SHERMAN, Texas — U.S. District Judge Reed O’Connor is not the judge in this case; the source packet identifies the presiding judge as Judge Mazzant. The opinion was issued by Judge Mazzant.
Plaintiff Ronald Alexander Garcia Delgado sued Experian Information Solutions, alleging the credit bureau failed to use reasonable procedures when preparing consumer reports and mixed his information with his son’s. To prove his case, Garcia Delgado hired Douglas Hollon, a former Experian employee, to testify about the defendant’s procedures and the resulting damages.
Experian moved to exclude or limit Hollon’s testimony on three grounds: his qualifications, the presence of improper legal conclusions, and the reliability of his methods. The motion was fully briefed and addressed in a memorandum opinion by U.S. District Judge Mazzant, who noted that other courts had reached varying conclusions on Hollon’s admissibility.
Several courts had previously considered challenges to Hollon’s testimony, with some excluding it in part and others denying motions to exclude. The judge noted that while the Nelson court had excluded Hollon’s testimony on non-emotional damages, other courts had allowed it.
The judge agreed with the Nelson court on the issue of economic damages, ruling that Hollon could not testify about Garcia Delgado’s specific economic damages or their cause. However, Hollon was permitted to testify about the types of damages typically caused by errors on credit reports.
On the issue of legal conclusions, the judge denied Experian’s motion, relying on Garcia Delgado’s representation that Hollon would not use language such as “unreasonable” or “negligent” or definitively state that Experian’s conduct violated the FCRA. Instead, Hollon would testify about consumer reporting industry standards and how Experian’s conduct comported with those standards.
Regarding reliability, the judge denied Experian’s motion, finding that Hollon’s 19 years of experience in FCRA matters provided a sufficient basis for his opinions. The judge noted that while Hollon did not name a specific method, his testimony was based on his experience and research, which is permissible under Federal Rule of Evidence 702.
The judge also addressed Experian’s complaints about Garcia Delgado’s counsel violating local page limits, but declined to strike the plaintiff’s response. The judge noted that Experian had violated local rules by moving to strike through footnotes instead of filing a separate motion, and that the partial exclusion of Hollon’s testimony was sufficient remedy.
The judge warned Garcia Delgado’s counsel, McKenzie Czabaj of the Consumer Justice Law Firm, to heed local rules in future filings.
The case continues in the Eastern District of Texas, with Judge Mazzant presiding.