Wilkening v. Capital One Auto Finance
- Wilhelmina Wright
- 0:23-cv-00185
- U.S. District Court · District of Minnesota
- 1
Wilkening v. Capital One Auto Finance: Judge Wright adopted a recommendation and dismissed claims against four defendants without prejudice.
The order directly affected Christopher Wilkening and Erin Wilkening’s action against Experian Corp., Equifax, TransUnion, and Innovis Data Solutions by dismissing it without prejudice. The order did not dismiss Capital One Auto Finance.
What happened
In Wilkening v. Capital One Auto Finance, the court reviewed a magistrate judge’s recommendation because no party filed objections. The court found no clear error.
The court adopted the recommendation and dismissed the action against Experian Corp., Equifax, TransUnion, and Innovis Data Solutions without prejudice. The order does not state the recommendation’s underlying reasoning. The order did not dismiss Capital One Auto Finance.
Judge Wilhelmina M. Wright issued the order on July 27, 2023, and directed that judgment be entered.
The detailed version
- Wilkening v. Capital One Auto Finance · No. 0:23-cv-00185
- Wilhelmina Wright
- July 27, 2023
Background
The court considered a June 22, 2023 Report and Recommendation issued by United States Magistrate Judge Leo I. Brisbois. The opinion states that no objections were filed.
Court’s review
Because no objections were filed, the court reviewed the Report and Recommendation for clear error—a clear mistake in the magistrate judge’s analysis. The court stated that it found no clear error after reviewing the recommendation and the case record.
Ruling
The court adopted the June 22, 2023 Report and Recommendation. It dismissed the action against Experian Corp., Equifax, TransUnion, and Innovis Data Solutions without prejudice, meaning the dismissal did not bar refiling. The order directed that judgment be entered. The opinion does not state the recommendation’s underlying basis, and this order does not dismiss Capital One Auto Finance.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.