Llewellyn v. Trans Union (of Delaware), LLC et al

Filing 56

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)

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.

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Ch~nbers ofNelspn S. Roman, U.S.D.J.

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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 respectfull~ directs the Clerk to close the
case.
Dated:

-f1AJanumy __{_, 2017
White Plains, New York

SO ORDERED:

NELS~

United States District Judge