Maghen
Maghen v. Quicken Loans Inc.
Opinion
Lead Opinion
Gee, J.
AMENDED ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
The matter before the Court is Defendant Quicken Loans Inc.’ motion for sum *1143 mary judgment, filed on March 27, 2015. [Doc. # 35.] Plaintiff Justin Maghen filed an opposition on April 3, 2015. [Doc. # 43.] Quicken filed a reply on April 10, 2015. [Doc. # 45.] A hearing on the motion was held on April 24, 2015.
Having duly considered the parties’ written submissions and oral argument, the Court now renders its decision.
I.
FACTUAL AND PROCEDURAL BACKGROUND
The Court sets forth the uncon-troverted material facts below, and views all reasonable inferences to be drawn from them in the light most favorable to Ma-ghen, the non-moving party.
On February 4, 2014, Maghen submitted an online form to Lending Tree LLC requesting information about refinancing a property. (See Declaration of Katherine Baird (“Baird Decl.”) ¶¶2-3 [Doc #35-1]; Declaration of James Snell (“Snell Decl.”) ¶ 4, Ex. 3 (Maghen Depo. at 10:21-11:9) [Doc #35-17].) This online submission required Maghen to agree to Lending Tree’s Terms of Use. (See Baird Decl. ¶ 3.) The Terms of Use state, in relevant part:
(See Baird Decl. ¶ 3, Exh. 2 (“Lending Tree’s…