Hopper v. Credit Associates, LLC et al, No. 2:2020cv00522 - Document 113 (S.D. Ohio 2022)

Court Description: OPINION AND ORDER granting in part and denying in part ECF No. 92 MOTION for Leave to File Third Amended Complaint to substitute Tara Hopper's Estate and to Join Steven Smith as an additional Plaintiff and Putative Representative; adopting ECF No. 109 Magistrate Judge's Report and Recommendation. Signed by Judge Edmund A. Sargus on 3/25/2022. (cmw)

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Hopper v. Credit Associates, LLC et al Doc. 113 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION TARA S. HOPPER, Plaintiff, Case No. 2:20-cv-522 JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Chelsey M. Vascura v. CREDIT ASSOCIATES, LLC, et al., Defendants. ORDER This matter is before the Court for consideration of a Report and Recommendation issued by the Magistrate Judge on December 3, 2021. (ECF No. 109.) The time for filing objections has passed, and no objections have been filed to the Report and Recommendation. Therefore, the Court ADOPTS the Report and Recommendation. (Id.) Accordingly, for the reasons set forth in the Report and Recommendation, Plaintiff’s Motion for Leave is GRANTED IN PART and DENIED IN PART. (ECF No. 92.) Thus, the Court ORDERS as follows: 1. The estate of Ms. Tara S. Hopper (the “Hopper Estate”) is SUBSTITUTED as Plaintiff for Ms. Hopper’s remaining claims for statutory damages and attorney’s fees and costs under the Fair Credit Report Act (the “FCRA”), 15 U.S.C § 1681. 2. Ms. Hopper’s preexisting claims for punitive and declaratory relief are DISMISSED. 3. The Hopper Estate’s request to file an amended Complaint in order to (1) correct an error in Defendant Trans Union’s name in the case caption; (2) withdraw claims for negligent violation of the FCRA; and (3) make other “simplifying and clarifying edits” to other allegations is GRANTED. (ECF No. 92.) Accordingly, the Clerk is DIRECTED to file Plaintiff’s proposed Third Amended Complaint, attached to their Motion for Leave as “Exhibit 2.” (Id. at PageID #792-815.) 4. Mr. Steven Smith is JOINED as an additional Plaintiff and putative representative in this action. (ECF No. 92.) This case shall remain open on the docket of this Court. Dockets.Justia.com IT IS SO ORDERED. 3/25/2022 DATE s/Edmund A. Sargus, Jr. EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE

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