DECISION AND ORDER I. Introduction This is a Fair Credit Reporting Act, 15 U.S.C. ch. 41, subch. III, §§1681-1681x, and New York Fair Credit Reporting Act, N.Y. Gen. Bus. Law ch. 25, §§380-380-v, action. Defendant, Specialized Loan Servicing, LLC (“SLS” or “Defendant”), allegedly is a debt collector (Docket No. 1, Compl. 17; cf. Docket No. 18, SLS Ans. 17). Plaintiff alleges SLS inaccurately reported to a credit reporting agency, Defendant Experian Information Solutions (“Experian”), a mortgage debt that Plaintiff argues he no longer owed. Experian, a consumer reporting agency, reported Plaintiff’s alleged debt. (Docket No. 1, Compl.) SLS moved for summary judgment (Docket No. 40), submitting in support the Affidavit of Cynthia Wallace, second assistant vice president for SLS (Docket No. 40, Wallace Aff. 1), with exhibits (id. Exs. A-N). In addition to moving for summary judgment himself (Docket No. 41) and filing opposition papers to SLS’s motion (Docket No. 47), Plaintiff filed the present Motion to Strike Ms. Wallace’s Affidavit and attached exhibits (Docket No. 46)1. Plaintiff moves to strike because SLS failed to disclose Ms. Wallace as a witness in the initial Rule 26(a) disclosure or otherwise identified her as Defendant’s Rule 30(b)(6) representative. For reasons that follow, Plaintiff’s Motion to Strike Ms. Wallace’s Affidavit (Docket No. 46) is denied. This Court will consider in separate Decision and Order the parties’ pending Motions for Summary Judgment (Docket Nos. 40, 41) consistent with the disposition of Plaintiff’s Motion to Strike. II. Background A. Facts and Claims Plaintiff, with his then spouse Catherine Macris Schaefer (“Ms. Macris”), entered into a mortgage and note on a house on Teakwood Terrace, Amherst, New York (Docket No. 40, Wallace Aff. §6). Plaintiff contends that on or about June 10, 2009, he entered into a matrimonial settlement agreement with his wife with Ms. Macris agreeing to secure Plaintiff’s release from the mortgage on the Teakwood Terrace property (Docket No. 1, Compl. 23; Docket No. 41, Pl. Aff. Ex. B). Under that marital agreement, Ms. Macris got exclusive use of the property for twelve months after execution of the agreement; she exclusively was obliged to make mortgage payments and to secure a release or discharge of Plaintiff from the mortgage (Docket No. 41, Pl. Aff. 4, Ex. B at 38-40). If Ms. Macris became tardy in paying the mortgage, she would lose exclusive use and occupancy of the property and it would be put up for sale (id., Ex. B at 39). Once the release or discharge is obtained, Plaintiff conveys his interest in a quit claim deed (id. at 40). On or about August 14, 2012, a deed and Real Property Transfer Report was filed with the Erie County Clerk removing Plaintiff from the deed to the Teakwood Terrace property (Docket No. 1, Compl. 24; Docket No. 41, Pl. Aff. Ex. C). Then, on or about March 6, 2015, U.S. Bank as trustee for the SROF 2013-S3 Remic Trust I sued Plaintiff and his now ex-wife to foreclose on the mortgage for the Teakwood Terrace property (Docket No. 1, Compl. 25; Docket No. 41, Pl. Aff. Ex. D; Docket No. 40, Wallace Aff. Ex. I). On or about November 20, 2015, an Order of Reference was filed removing Plaintiff from the action because he was deemed to be no longer a necessary party for that foreclosure (Docket No. 1, Compl. 26; Docket No. 41, Pl. Aff. 13, Ex. G). Plaintiff claimed he later obtained his credit report from Experian in May 2016 that showed Plaintiff still owing the mortgage and that it was past due (Docket No. 1, Compl. 27). Plaintiff disputed that account (Docket No. 1, Compl. 28 (the “subject debt,” id. 29); Docket No. 41, Pl. Aff. Ex. H). If Plaintiff owed on the note, he would be in default and SLS is the servicer of the mortgage loan (Docket No. 1 Compl.
32, 33; Docket No. 18, SLS Ans.
