Isaac Opiyo v. Veridian Credit Union, TransUnion LLC, Experian Information Solutions, Inc., and Equifax Information Services, LLC

Summary

The United States District Court for the District of Nebraska addresses pending motions to dismiss claims brought by Isaac Opiyo against Veridian Credit Union, Trans Union LLC, Experian Information Solutions, Inc., and Equifax Information Services LLC. The court discusses Article III standing, consideration of materials outside the pleadings, and potential conversion of Rule 12(b)(6) motions into motions for summary judgment. The parties were ordered to present pertinent material by January 5, 2026, with responses due January 20, 2026.

Holdings

1. Because it was not yet clear whether the parties' additional materials were embraced by the pleadings or would be necessary to resolve the motions, the court declined to make an immediate determination based on those materials and notified the parties that it might treat the Rule 12(b)(6) motions as motions for summary judgment if it considered matters outside the pleadings.

Questions Presented

1. Whether the court could determine the pending motions to dismiss on the pleadings without first resolving whether the parties' outside materials were embraced by the pleadings.
2. Whether consideration of outside materials in resolving the Rule 12(b)(6) motions would require conversion of those motions into motions for summary judgment under Federal Rule of Civil Procedure 12(d).
3. What submissions and response deadlines should govern if the court considered matters outside the pleadings.

Disposition

other