Pojani v. TransUnion, LLC et al

Filing 40

ORDER GRANTING 38 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT; AND VACATING HEARING ON MOTION. Amended Pleading due by 12/2/2021. Signed by Judge Beth Labson Freeman on 11/18/2021. (blflc1, COURT STAFF) (Filed on 11/18/2021)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

GREGORY POJANI,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.
BMW FINANCIAL SERVICES NA, LLC,

Case No. 21-cv-02880-BLF
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND
COMPLAINT; AND VACATING
HEARING ON MOTION
[Re: ECF 38]

Defendant.

12
13

Plaintiff Gregory Pojani filed this action for violations of the Fair Credit Reporting Act

14

(“FCRA”) on April 21, 2021, asserting claims against four defendants: TransUnion, LLC,

15

Equifax Information Services, LLC, Capital One Bank (USA) National Association, and BMW

16

Financial Services NA, LLC. See Compl., ECF 1. Plaintiff thereafter voluntarily dismissed

17

TransUnion, Equifax, and Capital One. See Dismissals, ECF 28, 34, 36.

18

The last defendant, BMW, has not appeared in the case. Service of process was completed

19

on April 27, 2021. See POS, ECF 8. On October 30, 2021, Pojani filed a motion for leave to

20

amend his complaint to add additional claims for violation of the FCRA against BMW. See Mot.

21

for Leave, ECF 38. BMW has not appeared in this case and has not filed a response to the motion.

22

Under the liberal standard for amendment under Federal Rule of Civil Procedure 15(a)(2),

23

the motion is GRANTED. Plaintiff shall file the amended complaint by December 2, 2021.

24

The hearing on the motion, currently set for March 10, 2022, is VACATED.

25

IT IS SO ORDERED.

26
27
28

Dated: November 18, 2021

______________________________________
BETH LABSON FREEMAN
United States District Judge