HICA Education Loan Corporation v. Vien D Doan

Justia Dockets & Filings Ninth Circuit California Central District HICA Education Loan Corporation v. Vien D Doan

HICA Education Loan Corporation v. Vien D Doan

Plaintiff:	HICA Education Loan Corporation
Defendant:	Vien D Doan
Case Number:	2:2011cv07122
Filed:	August 29, 2011
Court:	US District Court for the Central District of California
Presiding Judge:	Percy Anderson
Presiding Judge:	Carla Woehrle
Nature of Suit:	Other Statutory Actions

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Date Filed	Document Text
October 31, 2011	Filing 12 JUDGMENT by Judge Percy Anderson: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff's claims are dismissed without prejudice for lack of subject matter jurisdiction. (MD JS-6, Case Terminated). (gk)
October 12, 2011	Filing 7 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court is the Complaint filed by plaintiff HICA Education Loan Corporation against defendant Vien Doan. The Complaint alleges that Plaintiff is the owner of a promissory note sig ned by Defendant pursuant to the Health Education Assistance Loan Program. Plaintiff alleges that Defendant is in default and seeks to recover the amount of the loan, interest, attorneys' fees, and assorted costs, fees, and charges. The laws and regulations upon which Plaintiff relies do not appear to create a private right of action under federal law for the collection of unpaid student loans. Nor is it clear in any other respect how Plaintiff's Complaint, which alleges a single claim for "default" to collect the unpaid balance of a student loan, "arise" under federal law. The Court therefore orders Plaintiff to show cause in writing why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff's response to this order to show cause shall be filed no later than 10/21/2011. The failure to adequately respond to this order by that date may result in the dismissal of this action. Court Reporter: Not Reported. (gk)

Date Filed

Document Text

October 31, 2011

Filing 12 JUDGMENT by Judge Percy Anderson: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff's claims are dismissed without prejudice for lack of subject matter jurisdiction. (MD JS-6, Case Terminated). (gk)

October 12, 2011

Filing 7 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court is the Complaint filed by plaintiff HICA Education Loan Corporation against defendant Vien Doan. The Complaint alleges that Plaintiff is the owner of a promissory note sig ned by Defendant pursuant to the Health Education Assistance Loan Program. Plaintiff alleges that Defendant is in default and seeks to recover the amount of the loan, interest, attorneys' fees, and assorted costs, fees, and charges. The laws and regulations upon which Plaintiff relies do not appear to create a private right of action under federal law for the collection of unpaid student loans. Nor is it clear in any other respect how Plaintiff's Complaint, which alleges a single claim for "default" to collect the unpaid balance of a student loan, "arise" under federal law. The Court therefore orders Plaintiff to show cause in writing why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff's response to this order to show cause shall be filed no later than 10/21/2011. The failure to adequately respond to this order by that date may result in the dismissal of this action. Court Reporter: Not Reported. (gk)

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Defendant: Vien D Doan
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Plaintiff: HICA Education Loan Corporation
Represented By:	John D Guerrini
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