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S.D.N.Y.Procedural orderFiled Aug. 8, 2022

Brown v. First Savings Bank

Judge
Vyskocil
Docket
1:22-cv-05189
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureConsumer Credit
In one sentence

In Brown v. First Savings Bank, Judge Vyskocil dismissed the action against Equifax and Trans Union after settlement, subject to restoration by September 8.

Who this affects

The order directly affected Carlton Brown and defendants Equifax Information Services, LLC and Trans Union, LLC. It did not dismiss the action against First Savings Bank or Experian Information Solutions, Inc.

What happened

In Brown v. First Savings Bank, Carlton Brown told the court that he had reached a settlement in principle with Equifax Information Services, LLC and Trans Union, LLC. The opinion does not describe the claims or settlement terms.

The court dismissed the action against Equifax and Trans Union only, without costs to any party. Brown could ask to restore the case to the court’s calendar by September 8, 2022.

Judge Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action against those two defendants could not be reopened through that procedure. The order did not dismiss the action against First Savings Bank or Experian Information Solutions, Inc.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brown v. First Savings Bank · No. 1:22-cv-05189
Judge
Vyskocil
Date
Aug. 8, 2022

Background

The court received a letter from Plaintiff Carlton Brown stating that he had reached a settlement in principle with Defendants Equifax Information Services, LLC and Trans Union, LLC only. The opinion does not state the claims asserted, the settlement’s terms, or whether the settlement was finalized.

Order

The court ordered that the action be dismissed as against Equifax Information Services, LLC and Trans Union, LLC only, without costs to any party. The dismissal was without prejudice to restoring the action to the court’s calendar if an application to restore was made by September 8, 2022. The opinion states that if no such application was made by that date, the dismissal would be with prejudice.

The order does not dismiss the action as against First Savings Bank or Experian Information Solutions, Inc. The court cited Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004), in connection with the restoration condition. Judge Mary Kay Vyskocil signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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