Perlstein v. TransUnion, LLC

Background

The defendants are TransUnion, LLC, and Bank of America, N.A. The order states that Bank of America moved to dismiss the complaint on May 17, 2022. The order was issued after a conference attended by counsel for all parties.

Court’s Order

The court ordered Rachel Perlstein to notify the court by May 27, 2022, whether she would either file an amended complaint in response to Bank of America’s motion or rely on the complaint already challenged by that motion.

If Perlstein chose not to amend, the motion to dismiss would proceed under the Federal Rules of Civil Procedure and the Southern District of New York’s Local Civil Rules, unless the court ordered otherwise. The court stated that it was unlikely to grant another opportunity to amend to address deficiencies identified by the fully briefed motion.

If Perlstein chose to amend, she had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, each defendant could answer the amended complaint, move to dismiss it, or notify the court by letter that it would rely on its previously filed motion to dismiss or answer, as applicable.

Disposition and Significance

This order did not grant or deny Bank of America’s motion to dismiss and did not decide the merits of the complaint. It set deadlines and procedures for deciding whether the case would proceed on the existing complaint or an amended complaint.