Sullivan v. Trans Union LLC

• Court: District Court, D. Nevada
• Decided: May 13, 2025
• Docket: 2:24-cv-02299
• Status: Unknown

Opinion

1 Robert A. Riether, Esq. 2 Nevada Bar No. 12076 8337 W. Sunset Road, Suite 220 3 Las Vegas, NV 89113 (702) 475-7964; Fax: (702) 946-1345 4 rriether@wrightlegal.net 5 Attorney for Defendant, Sallie Mae Bank, incorrectly identified as “Sallie Mae”

6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 EDALIA SULLIVAN, Case No.: 2:24-cv-02299-MDC 9

10 Plaintiff,

11 vs. STIPULATION AND ORDER TO STAY

12 TRANS UNION LLC; EXPERIAN DISCOVERY PENDING DECISIONS ON PENDING MOTIONS TO DISMISS INFORMATION SOLUTIONS, INC.; 13 [ECF NOS. 22 AND 32] INNOVIS DATA SOLUTIONS, INC.;

14 CLARITY SERVICES, INC.; BACKGROUNDCHECKS.COM LLC; and 15 SALLIE MAE,

16 Defendants. 17 IT IS HEREBY STIPULATED between Plaintiff Edalia Sullivan (“Plaintiff”), Defendant Sallie 18 Mae Bank, incorrectly identified in Plaintiff’s Complaint as “Sallie Mae” (“SMB”), and Defendant 19 Trans Union, LLC (“Trans Union”) (collectively, the “Parties”), by and through their undersigned 20 counsel of record, as follows: 21 On December 11, 2024, Plaintiff filed the original Complaint. (ECF No. 1.) Shortly thereafter on 22 December 18, 2024, Plaintiff filed the First Amended Complaint. (ECF No. 9.) On February 13, 2025, 23 SMB filed a motion to dismiss the Amended Complaint. (ECF No. 22.) SMB’s motion to dismiss is 24 fully briefed. (ECF Nos. 26, 29.) 25 Between December 18, 2024 and February 27, 2025, Plaintiff dismissed all defendants except for 26 Trans Union and SMB. (See ECF Nos. 12, 13, 17, 18, 24, and 25.) Then, on April 4, 2025, Plaintiff filed 27 a motion to dismiss Trans Union from the action. (ECF No. 32.) On April 24, 2025, Trans Union filed 28 non-opposition to Plaintiff’s motion to dismiss Trans Union. (ECF No. 34.) 1 Due to the two pending motions to dismiss, the Parties stipulate and agree to stay discovery 2 |) pending the Court’s decisions on the motions to dismiss. The Parties submit that the factors in Tradebay, 3 || LEC v. eBay, Inc., 278 F.R.D. 597, 602 (D. Nev. 2011), weigh in favor of a stay of discovery. A ruling 4 |\in Plaintiff's favor on its motion to dismiss Trans Union, which was unopposed, will leave SMB as the 5 || sole remaining defendant. Additionally, a ruling in SMB’s favor on its pending motion to dismiss the 6 || Amended Complaint will be case-dispositive and can be decided without the need for additional 7 || discovery. Accordingly, in the interests of judicial economy and as permitted by Fed. R. Civ. P. 1, the 8 || Parties stipulate and agree that discovery should be stayed pending decisions on the motions to dismiss. 9 The Parties further stipulate and agree that, in the event the pending motions to dismiss are 10 || denied in whole or in part, the stay shall be automatically lifted and the Parties shall submit an updated 11 || proposed Discovery Plan and Scheduling Order within 21 days after entry of the Court’s decisions on 12 || the motions to dismiss. 13 IT IS SO STIPULATED. 14 FREEDOM LAW FIRM WRIGHT, FINLAY & ZAK, LLP 15 16 /s/ Gerardo Avalos /s/ Robert A. Riether George Haines, Esq. Robert A. Riether, Esq. 17 Nevada Bar No. 9411 Nevada Bar No. 12076 Gerardo Avalos, Esq. 8337 W. Sunset Road, Suite 220 18 || Nevada Bar No. 15171 Las Vegas, NV 89113 19 8985 S. Eastern Avenue, Suite 100 Attorney for Defendant Sallie Mae Bank, Las Vegas, Nevada 89123 incorrectly identified in Plaintiff's Complaint as 20 Attorney for Plaintiff Edalia Sullivan “Sallie Mae”’ 21 SKANE MILLS LLP 22 /s/ Sarai L. Brown 23 Sarai L. Brown, Esq. Nevada Bar No. 11067 24 1120 Town Center Drive, Suite 200 25 Las Vegas, Nevada 89144 Attorney for Defendant Trans Union LLC 26 IT IS SO ORDERED: 27 Ly a a 28 Lh é Hon. Ma*imifiano DiCo villier 411 Unit tates ae rate| Judge Daté? 5/13/2025