Mahl v. Trans Union LLC et al

Western District of Texas, txwd-5:2018-cv-00895

ORDER OF DISMISSAL WITH PREJUDICE AND FINAL JUDGMENT. Signed by Judge Fred Biery.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION KENNETH MAHL, § § Plaintiff, § § VS. § CIVIL ACTION NO. SA-18-CA-895-FB § EQUIFAX INFORMATION SERVICES, LLC; § TRANS UNION, LLC; and EXPERIAN § INFORMATION SOLUTIONS, INC., § § Defendants. § ORDER OF DISMISSAL WITH PREJUDICE AND FINAL JUDGMENT Before the Court is the status of the above styled and numbered cause. On January 11, 2019, the Court was informed by a Notice of Settlement (docket #22) filed by the plaintiff that a settlement was reached with defendant Equifax Information Services, LLC, and that the parties were circulating and reviewing the settlement documents and would submit a joint stipulation of dismissal on or by January 31, 2019. No stipulation of dismissal was filed by the parties on that date. The Court also was informed by a Notice of Settlement filed by the plaintiff on March 1, 2019 (docket #25), that a settlement was reached with defendant Experian Information Solutions, Inc. and the parties would submit a joint stipulation of dismissal once the settlement documents were finalized. As to the third defendant, Trans Union LLC, a Stipulation of Dismissal with Prejudice was filed by the parties on April 3, 2019 (docket #28). Based on these filings, this Court issued an Order on April 9, 2019 (docket #29), ordering the remaining parties to submit their settlement papers or stipulation of dismissal and any appropriate supporting documents on or before April 29, 2019. The parties were advised that if they were unable to submit those documents by that date, the party unable to meet the deadline should move for an extension of time to file the documents. Otherwise, the Court noted the case may be dismissed for failure to prosecute and/or failure to follow a Court order. FED. R. CIV. P. 16(f), 41(b). No extension requests have been received. On June 28, 2019, the joint stipulation of the plaintiff and defendant Equifax Information Services, LLC was filed (docket #31). To date, however, no stipulation of dismissal has been filed as to plaintiff and defendant Experian Information Solutions, Inc. Given that almost six months have passed since the Notice of Settlement was filed by the plaintiff and defendant Experian, and four months have passed since the court-ordered deadline for filing the stipulation of dismissal, the Court finds this case should be DISMISSED WITH PREJUDICE as to all the defendants. Accordingly, based on the foregoing, IT IS HEREBY ORDERED, ADJUDGED and DECREED that pursuant to Federal Rule of Civil Procedure 41, all of plaintiff's claims against the defendants Equifax Information Services, LLC; Trans Union, LLC; and Experian Information Solutions, Inc. are DISMISSED WITH PREJUDICE. Motions pending, if any, are also DISMISSED, and this case is now CLOSED. It is so ORDERED. SIGNED this 30th day of August, 2019. _________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE -2-