Freeman et al v. Nelnet Servicing, LLC
| Kennedy Freeman and Aaron Morris |
| Nelnet Servicing, LLC |
| 4:2022cv03197 |
| September 12, 2022 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| John M Gerrard |
| Cheryl R Zwart |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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Filing 22
MEMORANDUM AND ORDER: 1. The court finds the parties written submissions are sufficient to decide the issues of consolidation and appointment of interim lead counsel. Therefore, the hearing on those issues scheduled for January 31, 2023 is cancelled. 2. The motions to consolidate are granted and the cases listed in the caption of this order are consolidated. (See Spearman v. Nelnet Servicing, LLC (4:22cv3191, Filing No. 34), Herrick v. Nelnet Servicing, LLC (4:22cv3181 Filing No. 25, granted as to the consolidation portion of the motion), and Freeland v. Nelnet Servicing, LLC (4:22cv3211 Filing No. 32)). 3. As to the motions to appoint counsel: a) The motion to appoint counsel in Spearman is granted. (4:22cv3191, Filing No. 34) The Spearman case is designated as the Lead Case and all other cases listed in the caption are designated as a Member Case. b) The motions to appoint counsel filed in Herrick (4:22cv3181 Filing No. 25), Carlson (22cv3184 Filing No. 24), and Freeland (22cv3211 Filing No. 31) are denied. c) The motion to appoint counsel filed in Simmons (4:22cv3194 Filing No. 23) is denied. 4. As to the Plaintiffs anticipated motion to file a consolidated amended complaint: a) Lowey/SGT shall file any such motion on or before March 3, 2023. If the motion is unopposed, the motion shall so state. See NECivR 15.1(a). b) If the motion is opposed, within 30 days after it is filed: ii. Defendant Nelnet Servicing, LLCs shall file its response to Plaintiffs motion; and iii. If Defendant Edfinancial Services, LLC is named in the proposed consolidated amended complaint, it shall either file a response to Plaintiffs motion or a motion to stay the proposed claims against it until the claims against Nelnet Servicing, LLC are resolved. c) Any reply shall be filed within 15 days after Defendant(s) file a response to Plaintiffs motion. 5. The court's CM/ECF System has the capacity for spreading text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. Ordered by Magistrate Judge Cheryl R. Zwart. (JLS)
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Filing 21
ORDER (INDEX OF FILINGS): The court has compiled the motions, briefs, and statements filed in all of the related cases concerning the consolidation of cases and the competing motions for appointment of interim class counsel. (Attachments: #1 Attachment 1 - Nelnet Filings Related to Consolidation and Appointment of Counsel). Ordered by Magistrate Judge Cheryl R. Zwart. (JLS) Modified on 1/23/2023 to reflect that this filing was e-mailed to Attorney J. Gerard Stranch, IV. (JLS).
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Filing 20
ORDER ORDER that except as to 4:22CV3191, 4:22CV3204, and 4:22CV3259, Plaintiffs in all other related cases shall file any motions to consolidate and for appointment of lead counsel in their respective cases on or before January 3, 2023. As to all motions to consolidate and for appointment of lead counsel filed, Defendant Nelnet Servicing, LLC and any Plaintiffs counsel opposing motions filed by other Plaintiffs counsel shall file their responses no later than January 17, 2023. Counsel for the parties shall set aside time for a hearing on the motion(s) to consolidate and for appointment of lead counsel, the hearing to be held by videoconference before the undersigned magistrate judge on January 31, 2023, at 9:00 a.m. At the time of the conference, counsel must be connected to the videoconference using the connection information in Attachment 4. As to all related cases, the deadline for Defendant(s) answer or response to Plaintiffs Complaints is continued pending further order of the court. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4 - RESTRICTED, #5 Attachment 5). Ordered by Magistrate Judge Cheryl R. Zwart. (JLS)
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Filing 19
ORDER DENYING TRANSFER Ordered by Karen K. Caldwell, Chair of the Panel on Multidistrict Litigation. (LRM)
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Filing 18
ORDER For good cause shown, the answer deadline is extended to January 17, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (LRM)
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| Filing 17 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney James Monagle on behalf of Defendant Nelnet Servicing, LLC.(Monagle, James) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Nelnet Diversified Solutions, LLC for Nelnet Servicing, LLC. by Attorney James Monagle on behalf of Defendants Nelnet Servicing, LLC, Nelnet Diversified Solutions, LLC.(Monagle, James) |
| Filing 15 TEXT ORDER granting Motion for Admission Pro Hac Vice #14 for attorney James Monagle. Ordered by Deputy Clerk. (LKO) |
| Filing 14 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4736932 by Attorney James Monagle on behalf of Defendant Nelnet Servicing, LLC.(Monagle, James) |
| Filing 13 TEXT ORDER granting Motion for Admission Pro Hac Vice #11 for attorney Claudia D. McCarron. Ordered by Deputy Clerk. (LKO) |
| Filing 12 TEXT ORDER granting Motion for Admission Pro Hac Vice #11 for attorney Claudia D. McCarron. Ordered by Deputy Clerk. (LKO) |
| Filing 11 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4736776 by Attorney Claudia D. McCarron on behalf of Defendant Nelnet Servicing, LLC.(McCarron, Claudia) |
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Filing 10
TEXT ORDER granting #8 Defendant's Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendant shall file an answer or other responsive pleading on or before December 15, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 9 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Nelnet, Inc., Corporate Parent Nelnet, Inc., Corporate Parent Nelnet Diversified Solutions, LLC, Corporate Parent Nelnet Diversified Solutions, LLC for Nelnet Servicing, LLC. by Attorney Charles F. Kaplan on behalf of Defendants Nelnet Servicing, LLC, Nelnet Diversified Solutions, LLC, Nelnet Diversified Solutions, LLC, Nelnet, Inc., Nelnet, Inc..(Kaplan, Charles) |
| Filing 8 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Charles F. Kaplan on behalf of Defendant Nelnet Servicing, LLC.(Kaplan, Charles) |
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Filing 7
AMENDED REASSIGNMENT ORDER - This case is related to case number 4:22CV3181. See NEGenR 1.4(a)(4)(C)(iii). Accordingly, pursuant to NEGenR 1.4(a)(4)(B), this case is reassigned to District Judge John M. Gerrard for disposition and is assigned to Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
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| Filing 6 SUMMONS Returned Executed upon defendant Nelnet Servicing, LLC on 9/12/2022. (Malmstrom, Carl) |
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Filing 5
REASSIGNMENT ORDER - In the interest of judicial economy, this case is reassigned to District Judge John M. Gerrard for disposition and assigned to Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr.. (LKO)
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| Filing 4 Summons Issued as to defendant Nelnet Servicing, LLC. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO) |
| Filing 3 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 2 Summons Requested as to Nelnet Servicing, LLC regarding Complaint, #1 . (Malmstrom, Carl) |
| Filing 1 COMPLAINT with jury demand (Class Action) against Nelnet Servicing, LLC ( Filing fee $ 402, receipt number ANEDC-4709542), by Attorney Carl Malmstrom on behalf of Kennedy Freeman, Aaron Morris (Attachments: #1 Civil Cover Sheet)(Malmstrom, Carl) |
| Remark - Public (Related Case): This notice serves to advise the parties that a plaintiff noted this case as related to another pending or closed case in this court. If a case is noted as related on the cover sheet or case opening screen when filed, the clerk assigns it to the district judge who handled the earlier pending or closed case. See NEGenR 1.4(a)(4)(B). Any challenge to operation of this rule must be made pursuant to NEGenR 1.4(a)(7). (LKO) |
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