Miller v. Equifax Credit Information Services et al
| Mary Miller |
| Equifax Credit Information Services, Experian, Transunion, H.S.B.C. Bank, N.A., Capital One Bank, N.A., First Premier Bank, American Honda Finance Corp. and Midland Credit Management |
| 2:2009cv02499 |
| June 11, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Nassau |
| Joanna Seybert |
| William D. Wall |
| Plaintiff |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
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| Document Text |
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Filing
57
ORDER OF DISMISSAL, ADOPTING REPORT AND RECOMMENDATION - ORDERED that this case be dismissed with prejudice for lack of prosecution, pursuant to Rule 41(b) and 37, Federal Rules of Civil Procedure. The Clerk of Court is directed to mark the case closed. So Ordered by Judge Joanna Seybert on 10/22/10. C/M; C/ECF (Valle, Christine)
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Filing
34
MEMORANDUM AND ORDER - On January 22, 2010, First Premier filed a letter motion requesting that the Court dismiss Plaintiff's claims, sua sponte, for failure to properly effectuate service. Thereafter, on March 2, 2010, the Marshals Service prop erly served First Premier. In their latest application to the Court, First Premier renews its motion for dismissal, and in the alternative, seeks an extension of time to file its Answer. In this case, First Premier clearly knew about the existence o f this case. Moreover, in its own application, First Premier nowhere mentions any prejudice that it has suffered as a result of the Marshals Service's failure to effectuate service. Finally, it seems unfair to penalize the pro se Plaintiff for n o failure of her own by dismissing her case on this ground. Accordingly, First Premier's motion to dismiss is DENIED, and First Premier is directed to file its Answer within twenty (20) days from the date that this Order is entered. So Ordered by Judge Joanna Seybert on 3/9/10. C/M; C/ECF (Valle, Christine)
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