TRENESIA JOHNSON v. PELICAN STATE CREDIT UNION

CourtDistrict Court, M.D. Louisiana
DecidedNovember 12, 2025
Docket3:24-cv-00809
StatusUnknown

This text of TRENESIA JOHNSON v. PELICAN STATE CREDIT UNION (TRENESIA JOHNSON v. PELICAN STATE CREDIT UNION) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TRENESIA JOHNSON v. PELICAN STATE CREDIT UNION, (M.D. La. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA TRENESSIA JOHNSON CIVIL ACTION NO. VERSUS 24-809-BAJ-EWD PELICAN STATE CREDIT UNION

NOTICE

Please take notice that the attached Magistrate Judge’s Report and Recommendation has been filed with the Clerk of the U.S. District Court.

In accordance with 28 U.S.C. § 636(b)(1), you have 14 days after being served with the attached report to file written objections to the proposed findings of fact, conclusions of law, and recommendations set forth therein. Failure to file written objections to the proposed findings, conclusions and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court.

ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE’S REPORT.

Signed in Baton Rouge, Louisiana, on November 12, 2025. S ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA TRENESSIA JOHNSON CIVIL ACTION NO. VERSUS 24-809-BAJ-EWD PELICAN STATE CREDIT UNION MAGISTRATE JUDGE’S REPORT, RECOMMENDATION, AND ORDER Before the Court is the Motion for Partial Summary Judgment (the “Motion”),1 filed by Pelican State Credit Union (“Defendant”), which is opposed by Trenessia Johnson (“Plaintiff”).2 Plaintiff also filed a “Motion for Leave to file Sur-reply”3 and a “Motion for Leave to File

Supplemental Opposition to Defendant’s Motion for Partial Summary Judgment”4 (together, the “Motions for Leave”). So that the Court may fully consider Plaintiff’s arguments as an unrepresented party, the Motions for Leave will be granted. Because Plaintiff’s Truth in Lending Act (“TILA”) claims are time-barred and she has not established entitlement to equitable tolling, it is recommended that Defendant’s Motion be granted, dismissing Plaintiff’s TILA claims in this case with prejudice. I. BACKGROUND Plaintiff filed her original Complaint against Defendant on September 30, 2024 on a standard complaint form. On the form and attachments, Plaintiff specifically references TILA, 15

1 R. Doc. 51 and see R. Doc. 55 (reply memorandum). Documents in the Court record are referred to as “R. Doc. __.” 2 R. Doc. 78. 3 R. Doc. 58. 4 R. Doc. 71. U.S.C. § 1601, et seq.,5 in connection with certain loans obtained from Defendant.6 In an amended complaint, filed on January 14, 2025, Plaintiff added references to claims under the Uniform Commercial Code (“UCC”) and the Fair Credit Reporting Act (“FCRA”),7 as well as the Fair Debt Collection Practices Act (“FDCPA”).8 Defendant answered both complaints.9 Defendant has also asserted a counterclaim seeking to recover amounts it claims Plaintiff still owes, with interest, as

well as attorney’s fees and costs.10 Through the Motion, Defendant seeks dismissal of Plaintiff’s TILA claims because they are time-barred.11 The parties agree on the following relevant facts. Plaintiff first applied for, was approved for, and signed a loan agreement with Pelican State Credit Union on November 1, 2022.12 On November 1, 2022 Plaintiff also applied for, was approved for, and signed a credit card application and initialed mandatory disclosures.13 On March 27, 2023, Plaintiff, after applying for and being approved for a purported loan from Defendant to purchase a 2021 GMC Yukon, signed

5 See, e.g., R. Doc. 1, pp. 3, 5. 6 R. Doc. 1. 7 R. Doc. 28, pp. 1, 8. 8 R. Doc. 28, p. 10. 9 R. Docs. 25, 34, 35. Because Defendant did not timely file responsive pleadings after obtaining an extension of time to do so, this Court struck Defendant’s original Answer on its own motion but permitted Defendant to seek leave to file the Answer, addressing the failure to timely file it. Because Plaintiff did not timely oppose Defendant’s motion for leave, that motion was considered unopposed, and Defendant was permitted to file its Answer to Plaintiff’s original Complaint out of time. See R. Docs. 18, 24, 25. 10 R. Doc. 34, pp. 5-8. 11 R. Doc. 51. 12 R. Doc. 51-2, ¶ 2; R. Doc. 78-1, ¶ 2. Plaintiff disputes the nature of the agreement and whether the proper disclosures were made but agrees that the Loan and Security Agreements and Disclosure Statement were signed on November 1, 2022. Both parties attach the Loan and Security Agreements and Disclosure Statement to their briefs. See R. Doc. 51- 4 and R. Doc. 78-3. 13 R. Doc. 51-2, ¶¶ 3-4; R. Doc. 78-1, ¶¶ 3-4; Though Plaintiff disputes the amount of credit she initially applied for, she admits to executing the paperwork. The credit card application is attached to Defendant’s Motion. R. Doc. 51-5. the Loan and Security Agreements for the 2021 GMC Yukon.14 Plaintiff filed this lawsuit on September 30, 2024.15 II. LAW AND ANALYSIS A. Standard of Review Summary judgment is appropriate where there is no genuine disputed issue as to any

material fact, so that the moving party is entitled to judgment as a matter of law.16 A party moving for summary judgment must explain the basis for the motion and identify those portions of the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, that show that there is no such genuine issue of material fact.17 If the moving party carries that burden of proof under Federal Rule of Civil Procedure 56, the opposing party must point to specific evidence in the record which shows that the non-moving party can satisfy a reasonable jury that it is entitled to a verdict in its favor.18 Summary judgment must be entered against a party who fails to make a showing necessary to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial.19

In resolving a motion for summary judgment, the court must review the facts and inferences in the light most favorable to the non-moving party, and may not evaluate the credibility of

14 R. Doc. 51-2, ¶¶ 5-6; R. Doc. 78-1, ¶¶ 5-6. Plaintiff admits that she signed the March 27, 2023 Loan and Security Agreements and Disclosure Statement but denies the validity of the agreement due to fraud and lack of proper disclosures. Both parties attach the Loan and Security Agreements and Disclosure Statement to their briefs. See R. Doc. 51-6; R. Doc. 78-4. 15 R. Doc. 1. 16 Federal Rule of Civil Procedure 56. See also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 17 Celotex Corp., 477 U.S. at 323. 18 Anderson, 477 U.S. at 248. 19 Celotex Corp., 477 U.S. at 323. witnesses, weigh the evidence, or resolve material factual disputes.20 “If a plaintiff is proceeding pro se, [t]he district court does not have a duty to search the entire record to find evidence supporting the non-movant’s opposition. Rather, the non-movant must identify specific evidence in the record, and [ ] articulate the precise manner in which that evidence support[s] [her] claim.”21

B. Defendant’s Partial Summary Judgment Should Be Granted Dismissing Plaintiff’s TILA Claims as Time-Barred

1. Plaintiff Did Not File Suit for More Than a Year After the Alleged TILA Violations Occurred

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TRENESIA JOHNSON v. PELICAN STATE CREDIT UNION, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trenesia-johnson-v-pelican-state-credit-union-lamd-2025.