Berry v. Experian Information Solutions, Inc.
- Clarke
- 1:24-cv-03143
- U.S. District Court · Southern District of New York
- 2
Berry v. TransUnion: Judge Clarke dismissed the case with prejudice after Berry did not amend her complaint by the court’s deadline.
Patricia Ann Berry and TransUnion LLC; the other defendants had already been terminated from the action.
What happened
In Berry v. TransUnion, LLC, Patricia Ann Berry sued several defendants, but the other defendants were voluntarily dismissed, leaving TransUnion as the only remaining defendant. Berry represented herself.
The court had granted TransUnion’s motion to dismiss and allowed Berry to file an amended complaint by March 1, 2025. Berry did not file an amended complaint or otherwise tell the court that she intended to continue the case.
Judge Jessica G. L. Clarke dismissed the action with prejudice and directed the Clerk of Court to terminate all pending motions and close the case.
The detailed version
- Berry v. Experian Information Solutions, Inc. · No. 1:24-cv-03143
- Clarke
- Mar. 10, 2025
Background
Patricia Ann Berry filed this action without a lawyer. The opinion states that she initially named Continental Finance Company LLC, Equifax Information Services LLC, Merrick Bank Corporation, Experian Information Solutions, Inc., and TransUnion LLC as defendants. Berry voluntarily dismissed Continental with prejudice, voluntarily dismissed Equifax, and filed a stipulation of voluntary dismissal concerning Merrick. The court later entered a stipulation voluntarily dismissing Experian. TransUnion was the sole remaining defendant.
Prior ruling and deadline
TransUnion moved to dismiss Berry’s complaint. The court granted that motion on January 22, 2025, and gave Berry permission to amend her complaint. The court stated that the action would be dismissed with prejudice if she did not file an amended complaint by March 1, 2025.
Ruling
Berry did not file an amended complaint by the deadline and did not otherwise indicate that she intended to pursue the action. The court concluded that dismissal with prejudice was proper because Berry had received notice of the complaint’s deficiencies and an opportunity to amend but did not do so. Judge Jessica G. L. Clarke dismissed the action with prejudice, directed the Clerk of Court to terminate all pending motions, and ordered the case closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.