Housen v. Equifax Inc. and John W. Gamble
- Rearden
- 1:24-cv-05718
- U.S. District Court · Southern District of New York
- 4
In Housen v. Equifax, Judge Rearden adopted a recommendation allowing Housen to voluntarily dismiss his case without prejudice.
Durey Damion Housen’s Fair Credit Reporting Act case against Equifax Inc. and John W. Gamble was voluntarily dismissed without prejudice, and the court closed the case. The order also terminated all pending motions.
What happened
Durey Damion Housen sued Equifax Inc. and John W. Gamble under the Fair Credit Reporting Act. Equifax answered the complaint after receiving more time, and later asked the court to decide the case based on the pleadings. Housen instead asked to dismiss the case without prejudice.
A magistrate judge recommended granting Housen’s request. The recommendation gave the parties fourteen days to object, but no objections were filed. The recommendation concerned dismissal of the action without prejudice, rather than deciding whether Housen’s Fair Credit Reporting Act claims were legally valid.
Judge Jennifer H. Rearden found no clear error and adopted the recommendation in full. The court directed the clerk to terminate all pending motions and close the case. The dismissal was without prejudice, as stated in the recommendation and adopted by the court.
The detailed version
- Housen v. Equifax Inc. and John W. Gamble · No. 1:24-cv-05718
- Rearden
- Sept. 30, 2025
Background
Durey Damion Housen, representing himself, filed this Fair Credit Reporting Act case on July 29, 2024. The caption names Equifax Inc. and John W. Gamble as defendants. The opinion notes that Equifax stated the proper defendant was Equifax Information Services LLC. It also notes that the docket did not reflect service on Gamble and that no attorney had appeared for him.
Equifax received an extension of time to respond to the complaint and later filed an answer. Housen moved for a default judgment, but the magistrate judge denied that motion because the court had extended Equifax’s response deadline for good cause. Equifax later moved for judgment on the pleadings, meaning it asked the court to decide the case based on the filed pleadings rather than further factual development.
Instead of opposing that motion or filing an amended complaint, Housen moved under Federal Rule of Civil Procedure 41(a)(2) to voluntarily dismiss the complaint without prejudice. Equifax filed a response, and Housen filed a reply.
Report and Recommendation
Magistrate Judge Gary Stein recommended granting Housen’s motion to voluntarily dismiss the action without prejudice. The parties were given fourteen days to file objections, and the recommendation warned that failing to object would preclude further appellate review. No objections or requests for more time were filed.
Court’s Analysis and Ruling
Because no timely objections were filed, Judge Rearden reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues. The court found no clear error and described the recommendation as well reasoned and supported by the facts and law. The court therefore adopted the Report and Recommendation in its entirety.
The court adopted the recommendation granting Housen’s motion to voluntarily dismiss the action without prejudice. It directed the clerk to terminate all pending motions and close the case. The order did not decide the merits of Housen’s Fair Credit Reporting Act claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.