Destiny Countryman v. Equifax, Inc., Experian, and TransUnion, LLC

Summary

The United States District Court for the Eastern District of Michigan adopts the magistrate judge’s report and recommendation concerning defendants’ motion to dismiss. The court grants the pro se plaintiff leave to amend the complaint by March 26, 2026, denies the motion to dismiss as moot and without prejudice, and continues the order of reference to the magistrate judge.

Holdings

1. The district court adopted the magistrate judge's report and recommendation after no party filed objections and after agreeing with the magistrate judge's findings and conclusions.
2. The plaintiff was granted leave to amend the complaint to clarify and supplement her allegations, with the amended complaint due on or before March 26, 2026.
3. The motion to dismiss was denied as moot and without prejudice.
4. A party's failure to file objections to a magistrate judge's report and recommendation waives any further right to appeal and releases the district court from its duty to independently review the matter.

Questions Presented

1. Whether the plaintiff should be granted leave to amend the complaint under Federal Rule of Civil Procedure 15(a)(2).
2. Whether defendants' motion to dismiss should be dismissed as moot and without prejudice after leave to amend was granted.
3. What effect the parties' failure to object had on the district court's review of the report and recommendation.

Disposition

other