Llewellyn v. Trans Union (of Delaware), LLC et al, No. 7:2015cv04205 - Document 56 (S.D.N.Y. 2017)
Court Description: OPINION & ORDER: Accordingly, this action is DISMISSED with prejudice, for substantially the reasons set forth in the December 9, 2016 Order. Id. The Court respectfully directs the Clerk to close the case. (Signed by Judge Nelson Stephen Roman on 1/5/2017) Copies Mailed By Chambers. (mml)
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Llewellyn v. Trans Union (of Delaware), LLC et al Doc. 56 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NICOLE LLEWELLYN, Plaintiff, No. 15-cv-4205 (NSR) -againstTRANS UNION (of Delaware), LLC, EQUIFAX INFORMATION SERVICES LLC, and EXPERIAN > INFORMATION SOLUTIONS, INC., OPINION & ORDER ' Defendants. NELSONS. ROMAN, United States District Judge PlaintiffNicole Llewellyn asserts claims against Defendants Trans Union (of Delaware), LLC ("TransUnion"), Equifax Informatioh Services LLC ("Equifax"), and Experian Infmmation Solutions, Inc. ("Experian") (collectively, "Defendants"), arising out of Defendants' alleged defamation and libel as to Plaintiffs credit worthiness, and the publication and dissemination of incorrect credit reports, in violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and the New York State FCRA General Business Law§ 380 et seq. ("GBL § 380"). This matter arises from the same operative facts as those in Llewellyn v. Asset Acceptance, LLC, No. 14-CV-411(NSR),2015 WL 6503893 (S.D.N.Y. Oct. 26, 2015). (See Statement of Relatedness, ECF No. 3; see also "Case Accepted as Related" Entry, dated July 1, 2015.) In that matter, this Court granted summary judgment in favor of Defendant. Plaintiff later appealed that judgment. See Llewellyn, No. 36-CV-81, 2016 WL 5944723 (2d Cir. Oct. 13, 2016). Given the relation between the actions, Plaintiff requested to stay this matter pending the outcome of her appeal. (See ECF No. 29.) Subsequently, the Second Circuit affirmed this Court's decision. See Llewellyn, 2016 WL 5944723, at *2. fusDCSDN;· !DOCUMENT Copies • FILED ··,nc #· . ' .;,, I - . I // ,.,____ 1 ( S' t")o. 1,<:¥ ofNelspn S. Roman, U.S.D.J. Dockets.Justia.com In light of the Second Circuit's affrrmance, on December 9, 2016, this Court issued an Order instructing Plaintiff to show cause in writing, by December 23, 2016, as to why this action should not be dismissed with prejudice, for failure to state a claim upon which relief could be granted, pursuant to Fed R. Civ. P. 12(b)(6). (See ECFNo. 55.) That deadline has since passed, and Plaintiff has failed to respond to the Court's Order. Accordingly, this action is DISMISSED with prejudice, for substantially the reasons set forth in the December 9, 2016 Order. Id. The Court directs the Clerk to close the case. Dated: -f1AJanumy __{_, 2017 White Plains, New York SO ORDERED: United States District Judge
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