Clements et al v. Transunion, LLC et al

Filing 171

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 133 MOTION for Summary Judgment , denying as moot 104 MOTION to Certify Class (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
AMANDA CLEMENTS; KATHERINE §
ANGUS; RANDALL LESLIE;
§
CLINTON PERRY; EDUARDO LUCIO; §
STEVEN LOSS; MELISSA FIKES; and §
DALE CARMAN; individually, and on §
behalf of all others similarly situated
§
§
Plaintiffs,
§
§
VS.
§
§
TRANS UNION, LLC; TXU ENERGY §
RETAIL CO., LLC; and EXPERIAN
§
INFORMATION SOLUTIONS, INC.;
§
and JOHN DOES 1-25
§
§
Defendants.
§

May 17, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:17-CV-00237

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On January 8, 2019, this case was referred to United States Magistrate Judge
Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). See Dkt. 119. Pending before
Judge Edison was Defendants’ Joint Motion for Summary Judgment and Motion to
Dismiss Pursuant to Rule 12(b)(1). Dkt. 133. On April 30, 2019, Judge Edison filed a
Memorandum and Recommendation (Dkt. 150) recommending that Defendants’ Joint
Motion for Summary Judgment and Motion to Dismiss Pursuant to Rule 12(b)(1) be
GRANTED.

No objections have been filed to the Memorandum and Recommendation.
Accordingly, the Court reviews the Memorandum and Recommendation for plain error
on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that
there is no plain error apparent from the face of the record. Accordingly, it is hereby
ORDERED AND ADJUDGED that:
(1)

Judge Edison’s Memorandum and Recommendation (Dkt. 150) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2)

Defendants’ Joint Motion for Summary Judgment and Motion to Dismiss
Pursuant to Rule 12(b)(1) (Dkt. 133) is GRANTED; and

(3)

Plaintiff’s Motion to Certify Class (Dkt. 104) is DENIED AS MOOT.

It is so ORDERED.
SIGNED at Galveston, Texas, this 17th day of May, 2019.
___________________________________
George C. Hanks Jr.
United States District Judge

2