(PS) Gettemy v. LVNV Funding LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUSSELL J. GETTEMY, No. 2:23–cv–01948-DAD–CKD PS Plaintiff, FINDINGS AND RECOMMENDATIONS

v.

LVNV FUNDING, LLC, et al., Defendants. 16 Plaintiff is proceeding in this action pro se and in forma pauperis. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). Before the court is plaintiff’s motion to amend (ECF No. 31) and proposed First Amended Complaint (ECF No. 32 (FAC)). I. Background Plaintiff commenced this action on September 11, 2023, asserting claims under the Fair Credit Reporting ACT (FCRA) and Fair Debt Collection Practices Act against five defendants. (ECF No. 1.) In October 2023, two defendants (TransUnion and NCB) filed answers. (ECF Nos. 5 & 7.) Also that month, a third defendant was voluntarily dismissed (ECF No. 10), and in December 2023, a fourth defendant appeared to have settled with plaintiff (ECF No. 28). On November 29, 2023, the remaining defendant, Omega RMS,…