4:25-cv-04350•Amusat v. Santander Consumer USA Inc.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Malik Amusat, § Plaintiff, § § v. § Civil Action H-25-4350 § Santander Consumer USA Inc., § Defendant. § MEMORANDUM AND RECOMMENDATION AND ORDER This case has been referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1). ECF No. 29. There are several motions pending, which the court addresses below. This case is brought under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq. ECF No. 1. Plaintiff also brings state law claims. Id. Defendant filed a motion to dismiss on October 13, 2025. ECF No. 9. In large part, Defendant argues that Plaintiff has failed to allege sufficient facts to establish his claims. Id. Plaintiff filed a lengthy response, but at the end, he seeks leave to amend. ECF No. 11 at 29. “Dismissing an action after giving the plaintiff only one opportunity to state his case is ordinarily unjustified.” Davoodi v. Austin Indep. Sch. Dist., 755 F.3d 307, 310 (5th Cir. 2014) (quoting Jacquez v. Procunier, 801 F.2d 789, 792 (5th Cir. 1986)). If the plaintiff seeks leave to amend, they “must give the court at least some notice of what . . . [their] amendments would be and how those amendments would cure the initial complaint’s defects.” Scott v. U.S. Bank Nat’l Ass’n, 16 F.4th 1204, 1209 (5th Cir. 2021) (citation omitted). While Plaintiff has not stated how he proposes to amend his complaint, the court exercises its discretion to allow United States District Court Southern District of Texas ENTERED April 24, 2026 Nathan Ochsner, Clerk Case 4:25-cv-04350 Document 30 Filed 04/24/26 in TXSD Page 1 of 3
2 a single amendment. Plaintiff shall amend his complaint by May 8, 2026. The amended complaint shall address all of the deficiencies identified in the pending motion to dismiss. Future requests for leave to amend to address deficiencies already identified will be denied. Defendant shall move or answer within the time allowed by the Federal Rules. In light of the foregoing, Defendant’s Motion to Dismiss, ECF No. 9, is DENIED as moot. Given the state of the pleadings in this case, the court concludes that all other proceedings should be stayed pending a ruling on any Rule 12 motion that Defendant may file. The current Scheduling Order, ECF No. 22, is VACATED. All deadlines and court settings are canceled. Discovery is STAYED pending further notice. Accordingly, the Motion to Compel Compliance with Subpoena, ECF No. 14, is DENIED. Plaintiff seeks permission to file electronically. ECF No. 12. That motion is GRANTED. A separate order will be entered. Plaintiff has also filed a Motion for Partial Summary Judgment on his claim for breach of an accord and satisfaction agreement. ECF No. 28. Without ruling on the merits of the motion, it is TERMINATED as premature. Under Federal Rule of Civil Procedure 56(b), a party may file a motion for summary judgment at any time up to thirty days after the close of discovery “[u]nless a different time is set by local rule or the court orders otherwise.” “Although the rule allows a motion for summary judgment to be filed at the commencement of an action, in many cases the motion will be premature until . . . other pretrial proceedings have been had. Scheduling orders or other pretrial orders can regulate timing to fit the needs of the case.” Fed. R. Civ. P. 56 Advisory Committee’s Note to 2010 Amendment. For reasons of efficiency and economy, the court prefers to allow the parties to engage in full discovery and take all dispositive motions under advisement at once after they become ripe at the Case 4:25-cv-04350 Document 30 Filed 04/24/26 in TXSD Page 2 of 3
3 end of the case. This allows the court to consider all the issues in the case at once, rather than in a piecemeal fashion. The court has stayed discovery. The court will take any Rule 12 motions under advisement. If the case continues after ruling on any motions under Rule 12, the court will set a new scheduling order and will allow motions to be filed at an appropriate, later date. Plaintiff has filed an Emergency Motion for Preliminary Injunction. ECF No. 16. Although he brings claims under both the FCRA and state law, his request for injunctive relief is based on the FCRA. The FCRA does not allow private litigants to obtain injunctive relief. Washington v. CSC Credit Servs., Inc., 199 F.3d 263, 268–69 (5th Cir. 2000). Accordingly, the court RECOMMENDS that Plaintiff’s request for emergency injunctive relief, ECF No. 16, be DENIED. With respect to the court’s recommendation that the Emergency Motion, ECF No. 16, be denied, the parties have fourteen days from service of this Memorandum and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276–77 (5th Cir. 1988). Signed at Houston, Texas on April 24, 2026. ___________________________________ Peter Bray United States Magistrate Judge Case 4:25-cv-04350 Document 30 Filed 04/24/26 in TXSD Page 3 of 3
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