Clements et al v. Transunion, LLC et al

Filing 87

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS 86 MEMORANDUM AND RECOMMENDATION. 61 and 62 MOTIONS to Dismiss are GRANTED in part and DENIED in part. 72 MOTION to Strike is GRANTED.(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 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.
§

September 20, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:17-CV-00237

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
Pending before the Court is the Memorandum and Recommendation of United
States Magistrate Judge Andrew Edison. On July 17, 2018, this case was referred to
Judge Edison (Dkt. 79). Pending before Judge Edison was Trans Union LLC’s Motion to
Dismiss Plaintiffs’ Third Amended Class Action Complaint (“Trans Union’s Motion to
Dismiss”), Defendant Experian Information Solutions, Inc.’s Motion to Dismiss
Plaintiffs’ Third Amended Class Action Complaint (“Experian’s Motion to Dismiss”),
and Defendant Experian Information Solutions, Inc.’s Motion to Strike Exhibits Attached
to Plaintiffs’ Response in Opposition to Motion to Dismiss (“Experian’s Motion to
Strike”). Dkts. 61, 62, 72. On August 29, 2018, Judge Edison filed a Memorandum and

Recommendation recommending that Trans Union’s Motion to Dismiss and Experian’s
Motion to Dismiss be DENIED IN PART and GRANTED IN PART. The Court further
recommends that Experian’s Motion to Strike 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 be APPROVED AND
ADOPTED in its entirety as the holding of the Court;

(2)

Trans Union’s Motion to Dismiss and Experian’s Motion to Dismiss be
DENIED IN PART and GRANTED IN PART. More specifically,
Plaintiffs’ section 1681i claim is dismissed and the remaining claims
survive dismissal at this juncture of the case; and

(3)

Experian’s Motion to Strike be GRANTED.

It is so ORDERED.
SIGNED at Galveston, Texas, this 20th day of September, 2018.

___________________________________
George C. Hanks Jr.
United States District Judge

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