PEARSON
v.
TRANSUNION LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the action is dismissed without prejudice because the plaintiff failed to file an amended complaint by the court-ordered deadline.
Plaintiff initiated an action under the Fair Credit Reporting Act and Equal Credit Opportunity Act. After the defendant removed the case and moved to …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Obey Court Order cases and more on FLexlaw
This matter is before the Court upon periodic review. Because Plaintiff has failed to timely file an Amended Complaint, despite being given the opportunity to do so, this action is due to be dismissed without prejudice.
DISCUSSION
A district court may dismiss a plaintiff’s claims pursuant to Rule 41(b) or the court’s inherent authority to manage its docket. Betty K Agencies, Ltd. v. M/V MONADA, 432 F. 3d 1333, 1337 (11th Cir. 2005). Under Rule 41(b), “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss this action or any claim against it.” Fed. R. Civ. P. 41(b). The Eleventh Circuit has recognized that a district court may dismiss an action sua sponte for the plaintiff’s failure to prosecute his case or obey a court order under Rule 41(b). Betty K Agencies, Ltd., 432 F. 3d at 1337. Plaintiff, Vernon Jewell Pearson, III, proceeding pro se, initiated this action in state court in January 2023 by filing a complaint against Defendant Trans Union, LLC, seeking relief under the Fair Credit Reporting Act and the Equal Credit
Opportunity Act. Doc. 1-1. Plaintiff’s Complaint alleges that he submitted a complaint to the consumer financial protection bureau and Trans Union deleted some inaccurate files but purportedly kept some derogatory information. Plaintiff claims he suffered severe ongoing emotional harm due to “the conduct of Equifax.”1 Id. at 1. Defendant Trans Union LLC removed the matter to this Court on February 3,
2023, invoking the Court’s original jurisdiction under 28 U.S.C. § 1331. Doc. 1. Thereafter, Trans Union moved to dismiss Plaintiff’s Complaint on February 10, 2023. Doc. 6. When Plaintiff did not timely respond to the motion, the Court entered an order directing the Plaintiff to respond. Doc. 7. Plaintiff never responded to the motion to dismiss. On May 22, 2023, the Court entered an order granting Defendant’s motion to dismiss and granting Plaintiff the opportunity to file an amended complaint.2 Doc. 9. Specifically, the Court granted Plaintiff twenty-one days from the order of dismissal in which to file an amended complaint. The Court cautioned Plaintiff that “[f]ailure to file an Amended Complaint within the time permitted will result in this action being
1. This action is DISMISSED, without prejudice.
2. The Clerk of Court is directed to terminate all motions and deadlines and CLOSE this case. DONE and ORDERED in Tampa, Florida on June 23, 2023.
Chakene. Aiwarda Kn FLA sl el [...] Charlene Edwards Honeywell United States District Judge
Copies furnished to: Vernon Jewell Pearson, III, pro se Counsel of Record