Swainson v. Lendingclub Corporation
- Gregory Woods
- 1:21-cv-05379
- U.S. District Court · Southern District of New York
- 2
In Swainson v. Lendingclub, Judge Woods granted TransUnion’s dismissal motion, allowing amendment of one FRCA claim but denying other amendments.
The ruling directly affected Raymond Swainson and TransUnion: TransUnion’s motion to dismiss was granted, Swainson could amend the dismissed FRCA claim against TransUnion, and he could not amend the other dismissed claims. The order does not state a ruling on the other defendants.
What happened
In Swainson v. Lendingclub Corporation, Raymond Swainson challenged the amended complaint’s dismissal issues involving TransUnion. The opinion does not describe the underlying facts in detail and instead relies on an earlier recommendation by Judge Sarah L. Cave.
No party objected to Judge Cave’s recommendation within the required fourteen-day period. The court reviewed the recommendation for clear error and found none, then adopted it in full.
Judge Woods granted TransUnion’s motion to dismiss the amended complaint. He allowed Swainson to amend the dismissed claim identified in the order as an “FRCA” claim against TransUnion, but denied permission to amend the other dismissed claims. Any amended complaint had to be filed within fourteen days. The court also denied permission to proceed without paying filing fees for an appeal.
The detailed version
- Swainson v. Lendingclub Corporation · No. 1:21-cv-05379
- Gregory Woods
- July 12, 2022
Background
Raymond Swainson was the plaintiff, and LendingClub Corporation and other defendants were named in the case. This order addresses TransUnion’s motion to dismiss Swainson’s amended complaint. The order does not set out the underlying facts in detail; it states that Judge Sarah L. Cave’s earlier Report and Recommendation described the facts and procedural history.
Report and Recommendation
On June 24, 2022, Judge Cave recommended granting TransUnion’s motion to dismiss the amended complaint and allowing Swainson to amend only the claim identified in the order as an “FRCA” claim. No party filed an objection within the fourteen-day objection period.
When no timely objection is made, the district court reviews the recommendation for clear error. Judge Woods reviewed Judge Cave’s recommendation and found no clear error. He also reviewed the record, the parties’ submissions concerning the dismissal motion, and the recommendation.
Ruling
The court adopted Judge Cave’s Report and Recommendation in its entirety. It granted TransUnion’s motion to dismiss the amended complaint. The court granted Swainson leave to amend the dismissed FRCA claim against TransUnion, but otherwise denied leave to amend. The amended complaint had to be filed within fourteen days of the order.
The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The order does not state a disposition for the other defendants’ claims or motions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.