Wing v. TransUnion LLC

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No. 4:25-cv-00565
Heather Wing,
Plaintiff,
v.
TransUnion LLC,
Defendant.
O R D E R
Plaintiff sued defendant for allegedly violating the Fair Credit
Reporting Act. Doc. 1 at 1. The case was referred to a magistrate
judge. Doc. 4. Before discovery commenced, plaintiff moved for
partial summary judgment on four claims, two of which she
pleaded in her complaint and two of which she did not. Docs. 11,
29 at 1–2. Defendant responded by filing a motion under Federal
Rule of Civil Procedure 56(d) urging denial of plaintiff’s motion
as premature and asking for fees and costs. Doc. 13. Plaintiff failed
to file a response.
The magistrate judge subsequently issued a report recom-
mending that plaintiff’s motion be denied without prejudice, that
defendant’s motion be granted insofar as it seeks denial of plain-
tiff’s motion as premature, and that defendant’s request for fees
and costs be denied. Doc. 29 at 6. No party filed written objec-
tions.
When there have been no timely objections to a report, “the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations. Plaintiff’s motion for partial sum-
mary judgment (Doc. 11) is denied without prejudice as to its re-
filing once adequate time for discovery has passed. See Barney
Holland Oil Co. v. FleetCor Techs., Inc., 275 F. App’x 351, 354 (5th
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Cir. 2008) (per curiam) (unpublished) (“Generally, summary
judgment may be granted only after an ‘adequate time for discov-
ery.’” (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986))).
Defendant’s motion (Doc. 13) is granted to the extent that it seeks
denial of plaintiff’s motion as premature, but denied as to its re-
quest for fees and costs.
So ordered by the court on January 23, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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