Commonwealth of Pennsylvania v. Navient Corp, et al
| NAVIENT SOLUTIONS LLC, COMMONWEALTH OF PENNSYLVANIA, by Attorney General Josh Shapiro and NAVIENT CORP |
| 19-8005 |
| March 15, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| ECF FILER: LETTER from Attorney Daniel T. Brier, Esq. for Petitioners Navient Corp and Navient Solutions LLC confirming payment of filing fee. Certificate of Service dated 05/02/2019. Service made by ECF. [19-8005] (DTB) [Entered: 05/02/2019 04:07 PM] |
ORDER (AMBRO, KRAUSE and PORTER, Circuit Judges)The motion for leave to file a reply is granted, and the petition for interlocutory review is granted in part and denied in part. Although an appellate court may exercise interlocutory jurisdiction over any issue "fairly included" in the certified order, Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199, 205 (1996), we certify only the following two questions for interlocutory review: (1) whether the Commonwealth of Pennsylvania may bring a parallel enforcement action under the Consumer Financial Protection Act after the Consumer Financial Protection Bureau has filed suit and (2) whether the Higher Education Act preempts the Commonwealth's loan-servicing claims under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL). Petitioner's request to certify the question whether the Commonwealth has adequately pleaded a claim for injunctive relief under the UTPCPL is denied, filed. Panel No.: BCO-058. Krause, Authoring Judge. (PDB) [Entered: 04/30/2019 05:28 PM]
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| ECF FILER: ENTRY OF APPEARANCE from Nicholas F. B. Smyth on behalf of Respondent(s) Commonwealth of Pennsylvania. [19-8005] (NS) [Entered: 04/26/2019 03:16 PM] |
| ECF FILER: Motion filed by Petitioners Navient Corp and Navient Solutions LLC for leave to file a Reply to OAG's Answer to Petition for Permission to Appeal. Certificate of Service dated 04/04/2019. Service made by ECF. [19-8005] (DTB) [Entered: 04/04/2019 04:22 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Navient Solutions LLC, filed. [19-8005] (DTB) [Entered: 03/28/2019 11:35 AM] |
| ECF FILER: Response filed by Respondent Commonwealth of Pennsylvania to original proceeding Petition. Certificate of Service dated 03/28/2019. [19-8005] (HGH) [Entered: 03/28/2019 05:22 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Navient Corp, filed. [19-8005] (DTB) [Entered: 03/28/2019 11:34 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Daniel T. Brier on behalf of Petitioner(s) Navient Corporation and Navient Solutions, Inc.. [19-8005] (DTB) [Entered: 03/28/2019 11:06 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Howard G. Hopkirk on behalf of Respondent(s) Commonwealth of Pennsylvania. [19-8005] (HGH) [Entered: 03/22/2019 11:29 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Michael D. Shumsky on behalf of Petitioner(s) Navient Corporation and Navient Solutions, LLC. [19-8005] (MS) [Entered: 03/22/2019 11:11 AM] |
| ECF FILER: CORRECTED Signature Pages - Petition for Permission to Appeal filed by Petitioners Navient Corp and Navient Solutions LLC. Certificate of Service dated 03/21/2019. Service made by ECF. [19-8005] (DTB) [Entered: 03/21/2019 01:04 PM] |
| ECF FILER: ELECTRONIC ADDENDUM to PETITION on behalf of Petitioners Navient Corp and Navient Solutions LLC containing for Permission to Appeal. Certificate of Service dated 03/21/2019 by ECF. [19-8005] (DTB) [Entered: 03/21/2019 01:08 PM] |
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ORDER (Clerk) The petition for permission to appeal was not properly signed by the attorney who filed it on the petitioners' behalf. See Fed. R. App. P. 32(d); 3d Cir. L.A.R. 46.4. For papers not filed electronically, an original signature is required. See 3d Cir. L.A.R. 46.4 & 113.9. A properly signed copy of the petition must be filed within five days of this order. Because the signed copy will be filed electronically, a "s/" signature may be used. See id. The petitioners must also file an addendum containing the district court's orders regarding the motion to dismiss (ECF No. 48) and the certification (ECF No. 71), which were not attached to the petition. See Fed. R. App. P. 5(b)(1)(E) (requiring copy of order in addition to opinion). The addendum must be filed within five days of this order. This order does not affect the respondent's deadline for answering the petition, which is March 28, 2019, filed. (PDB) [Entered: 03/20/2019 03:37 PM]
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| Petition for Permission to Appeal under 28 U.S.C. Section 1292(b) filed by Petitioners Navient Corp and Navient Solutions LLC. Received on 03/15/2019. Certificate of Service dated 03/20/2019. Service made by ECF. (PDB) [Entered: 03/20/2019 03:19 PM] |
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