[defendant's] statements were false").

The information supplied by USA Gymnastics was

truthful, thus defeating Plaintiffs negligent misrepresentation claim.
Plaintiffs Mom also testified by affidavit that whomever she spoke with at USA
Gymnastics stated that the organization "did not have any complaints against McCabe." [Aff. ~
11. (Ex. "7" to Response Brief).] This statement was also true. Although USA Gymnastics had
receiv~d

correspondence from Giunipero and Dickey reporting third-hand hearsay allegations

regarding McCabe and two cheerleaders, it had not received any Complaint from either a
member athlete or parent of a member athlete claiming that McCabe abused qr might abuse a
USA Gymnastics member

athlete~

As noted by Plaintiff, USA Gymnastics' Bylaws provide at

Article 9, Section 10.01 that a "Complaint" is to be filed by any current member or former athlete
member who is herself aggrieved by any action of USA Gymnastics or one of its members.
[Response Brief at 15-16.] Such a complaint relating to McCabe did not exist, and the response
to Plaintiffs Mom's inquiry was accurate. At worst, Plaintiff alleges "a failure to obtain and
supply information," which is insufficient to support a claim for negligent misrepresentation
under Georgia law. Futch, 297 Ga. App. at 312, 676 S.E.2d at 896.
2.

Neither Plaintiff nor her Parents Justifiably Relied upon Any Statement of
USA Gymnastics

"[R]easonable reliance upon . . . false information" is another essential element of a
negligent misrepresentation claim.

E.g., Futch, 297 Ga. App. at 312, 676 S.E.2d at 896.

·Plaintiff cannot show that she reasonably relied upon any false representation of USA
Gymnastics. In Georgia, there is no obligation to disclose information equally available to both
parties in the absence of anything more than an arms-length relationship.

Powell Duffryn

Terminals, Inc., 4 F. Supp. 2d at 1205 (citing Southern Intermodal Logistics, Inc.. v. Smith &
Kelly Co., 190 Ga. App. 584, 379 S.E.2d 612, 614 (1989)). Plaintiff was already in possession of

16