Sims v. Experian Information Solutions, Inc.

UNITED STATES DISTRICT COURT DDOACTE # :F ILED: 4/18/2 023 SOUTHERN DISTRICT OF NEW YORK TANYELL SIMS, Case No.: 1:22-cv-10778-VEC Plaintiff, -against- EXPERIAN INFORMATION SOLUTIONS, NOTICE OF SETTLEMENT INC.; TRANS UNION, LLC; and AMERICAN EXPRESS NATIONAL BANK, Defendants.

NOTICE IS HEREBY GIVEN that Plaintiff Tanyell Sims (“Plaintiff”) and Defendant Experian Information Solutions, Inc. (“Experian”), have settled all claims between them in this matter. The parties are in the process of completing the final settlement documents and expect to file the appropriate dismissal papers within the next sixty (60) days. Plaintiff requests the Court vacate all deadlines in this matter, as to Experian only. Plaintiff further requests that the Court retain jurisdiction for any matters related to completing and/or enforcing the settlement.

Dated: April 17, 2023, CONSUMER ATTORNEYS By: /s/ Levi Y. Eidelman Levi Y. Eidelman Cadman Plaza West, 12th Floor Brooklyn, NY 11201 T: (718) 360-0763 F: (718) 715-1750 E: [email protected] Daniel Chaim Cohen Cadman Plaza West, 12th Floor Brooklyn, NY 11201 T: (718) 770-7901 F: (718) 715-1750 CERTIFICATE OF SERVICE Thereby certify that on April 17, 2023, I electronically filed the foregoing with the Clerk of the Court using the ECF system, which will send notice of such filing to all attorneys of record in this matter. Since none of the attorneys of record are non-ECF participants, hard copies of the foregoing have not been provided via personal delivery or by postal mail.

CONSUMER ATTORNEYS By: /s/ Sierra M. Stewart Sierra M. Stewart Application GRANTED in part.

It is hereby ordered that Plaintiff's claims against Experian Information Solutions, Inc. are DISMISSED with prejudice. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties’ settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis.

Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court’s Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).

The Clerk of Court is respectfully directed to terminate Defendant Experian Information Solutions, Inc. SO ORDERED.

Qe (op Date: 4/18/2023 HON. VALERIE CAPRONI UNITED STATES DISTRICT JUDGE