McCrae v. Transunion LLC
- Rochon
- 1:23-cv-07971
- U.S. District Court · Southern District of New York
- 1
In McCrae v. Trans Union LLC, Judge Rochon closed the case after Latoya McCrae missed the deadline to file an amended complaint.
Latoya McCrae and Trans Union LLC; the case was closed after McCrae did not file an amended complaint by the court-ordered deadline.
What happened
Latoya McCrae sued Trans Union LLC in New York state court, and Trans Union removed the case to the Southern District of New York. On April 29, 2024, the court granted Trans Union’s motion to dismiss and allowed McCrae 35 days to file an amended complaint.
The deadline was June 3, 2024. McCrae did not file an amended complaint or otherwise communicate with the court. The court noted that special consideration for people representing themselves does not excuse failure to follow clear procedural rules and deadlines.
Judge Jennifer L. Rochon directed the Clerk of Court to mail McCrae a copy of the order and close the case. The order does not state that the case was closed with or without prejudice.
The detailed version
- McCrae v. Transunion LLC · No. 1:23-cv-07971
- Rochon
- June 6, 2024
Background
Latoya McCrae sued Trans Union LLC in New York state court on August 10, 2023. Trans Union removed the case to the U.S. District Court for the Southern District of New York on September 8, 2023.
On April 29, 2024, the court granted Trans Union’s motion to dismiss McCrae’s complaint. The court also gave McCrae 35 days to file an amended complaint and warned that it would close the case if she did not meet that deadline.
Reasoning
The 35-day deadline expired on June 3, 2024. McCrae did not file an amended complaint and did not otherwise communicate with the court. The court acknowledged the consideration generally given to people representing themselves but stated that this consideration does not require courts to excuse failures to follow understandable procedural rules and mandatory deadlines.
Ruling
Judge Jennifer L. Rochon directed the Clerk of Court to mail McCrae a copy of the order and close the case. The order does not state that the case was closed with or without prejudice. This order addressed the consequence of McCrae’s failure to meet the amendment deadline; it did not reconsider the court’s earlier ruling granting the motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.