Davis v. American Education Services LLC et al
| Amanda Davis |
| American Education Services LLC, KeyCorp Financial, Inc doing business as KeyBank, KeyBank N.A. and KeyBank Trust doing business as American Education Services LLC doing business as KeyCorp Student Loan Trust |
| Keybank National Association |
| 2:2022cv01645 |
| September 28, 2022 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Elayna J Youchah |
| Consumer Credit |
| Both |
Docket Report
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Filing 58
ORDER. IT IS THEREFORE ORDERED that the defendants' motion to dismiss #40 is DENIED without prejudice to their ability to reassert the grounds for dismissal in bankruptcy court or if this case is reactivated. IT IS FURTHER ORDERED that the defendants' motion to strike the class allegations #32 is DENIED without prejudice. IT IS FURTHER ORDERED that this case is referred to the bankruptcy court for the District of Nevada to determine all core bankruptcy issues in this case and non- core issues that the parties consent to be adjudicated by the bankruptcy courtsubject to the limitations on that court's jurisdictionrelated to or arising from plaintiff Amanda Davis's prior bankruptcy case, 18-16836-btb, and this case is STAYED and the Clerk of Court is to ADMINISTRATIVELY CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 5/22/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 57
ORDER.IT IS ORDERED that KeyBank's Motion to Stay Discovery (ECF No. #34 ) is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that discovery shall proceed with respect to whether Plaintiff, Amanda Davis, received a discharge of her student loans through KeyBank when she received her bankruptcy discharge in February 2019. IT IS FURTHER ORDERED that all other discovery is stayed at this time. No discovery pertaining to the putative class is to proceed. No discovery pertaining to Plaintiff's common law claims are to proceed. IT IS FURTHER ORDERED that the parties shall have 90 days measured from the first day following the date of this Order to conduct discovery pertaining to the discharge of Plaintiffs student loan debt owed to KeyBank. All discovery must be set and completed by 6/19/2023. IT IS FURTHER ORDERED that no later than 6/29/2023, the parties must submit a status report. IT IS FURTHER ORDERED that the Joint Discovery Plan and Scheduling Order (ECF No. #30 ) is DENIED as moot. See order for further details. Signed by Magistrate Judge Elayna J. Youchah on 3/20/2023. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 56 REPLY to Response to #40 Motion to Dismiss, by Defendant KeyBank N.A.. (Inouye, Jared) |
| Filing 55 REPLY to Response to #32 Motion to Strike, by Defendant KeyBank N.A.. (Inouye, Jared) |
| Filing 54 REPLY to Response to #32 Motion to Strike, by Defendant American Education Services LLC. (Reilly, Patrick) |
| Filing 53 REPLY to Response to #40 Motion to Dismiss, by Defendant American Education Services LLC. (Reilly, Patrick) |
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Filing 52
ORDER Granting #51 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Todd Seaman for Keybank National Association and approving Designation of Local Counsel as to Matthew L. Johnson. Signed by Judge Jennifer A. Dorsey on 2/23/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
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| Filing 51 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Todd M. Seaman and DESIGNATION of Local Counsel Matthew L. Johnson (Filing fee $ 250 receipt number ANVDC-7215022) by Defendant KeyBank N.A.. (Inouye, Jared) |
| Filing 50 RESPONSE to #32 Motion to Strike, by Plaintiff Amanda Davis. Replies due by 2/23/2023. (Haines, George) |
| Filing 49 RESPONSE to #40 Motion to Dismiss, by Plaintiff Amanda Davis. Replies due by 2/23/2023. (Haines, George) |
| Filing 48 REPLY to Response to #32 Motion to Strike, #34 Motion to Stay Case or Discovery by Defendant American Education Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reilly, Patrick) |
| Filing 47 REPLY to Response to #34 Motion to Stay Case or Discovery by Defendant KeyBank N.A.. (Inouye, Jared) |
| Filing 46 JOINDER to #40 Motion to Dismiss, by Defendant American Education Services LLC.. (Reilly, Patrick) |
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Filing 45
ORDER Granting #44 Stipulation to Extend Deadline to File Reply re #34 Motion to Stay Discovery. Replies due by 1/31/2023. Signed by Magistrate Judge Elayna J. Youchah on 1/20/2023. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 44 STIPULATION FOR EXTENSION OF TIME (First Request) to File Reply re #41 Response by Defendant KeyBank N.A.. (Inouye, Jared) (extend) (nondispositive) |
| Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 1/18/2023. By Law Clerk: C. Ponder. Before the Court is Attorney Brandon S. Stein's Motion to Withdraw as Counsel. ECF No. #42 . Mr. Stein states that as of January 27, 2023, he will no longer be employed as an attorney by Thompson Hine LLP, one of Defendant Key Bank N.A.'s counsel of record. Id. at 1. Jessica Salisbury-Copper and Kip Bollin of Thompson Hine, as well as Jared L. Inouye of Bennett Tueller Johnson & Deere, will remain as counsel of record for Defendant. Id. Thus, the Motion is not to withdraw, but to remove Brandon S. Stein from the electronic service system as he is no longer representing Defendant.Accordingly, IT IS HEREBY ORDERED that Attorney Brandon S. Stein's Motion to Withdraw as Counsel (ECF No. #42 ) is GRANTED. The Clerk of Court shall remove Brandon S. Stein's name from CM/ECF and the docket such that he no longer receives electronic service of materials filed in this case. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
| Filing 42 MOTION to Withdraw as Attorney by Brandon S. Stein for Defendant KeyBank N.A.. Responses due by 2/1/2023. (Stein, Brandon) |
| Filing 41 RESPONSE to #34 Motion to Stay Case or Discovery by Plaintiff Amanda Davis. Replies due by 1/24/2023. (Avalos, Gerardo) |
| Filing 40 Amended MOTION to Dismiss #16 Amended Complaint by Defendant KeyBank N.A.. Responses due by 1/31/2023. (Attachments: #1 Exhibit A - Bankruptcy Petition, #2 Exhibit B - U.S. Bankruptcy Court - Instructions, #3 Exhibit C - Order of Discharge)(Inouye, Jared) |
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Filing 39
ORDER Granting #35 Motion to Amend #31 Motion to Dismiss. The original motion to dismiss [ECF No. #31 ] is DENIED without prejudice to the filing of the amended motion to dismiss as stipulated. See Order for further details. Signed by Judge Jennifer A. Dorsey on 1/13/2023. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 38 JOINDER to #34 Motion to Stay Case or Discovery by Defendant American Education Services LLC.. (Reilly, Patrick) |
| Filing 37 JOINDER to #31 Motion to Dismiss, by Defendant American Education Services LLC.. (Attachments: #1 Exhibit A)(Reilly, Patrick) |
| Filing 36 JOINDER to #32 Motion to Strike, by Defendant American Education Services LLC.. (Reilly, Patrick) |
| Filing 35 Joint MOTION to Amend #31 Motion to Dismiss, by Defendant KeyBank N.A.. Responses due by 1/25/2023. (Inouye, Jared) (dispositive) |
| Filing 34 MOTION to Stay Discovery by Defendant KeyBank N.A., Interested Party Keybank National Association. Responses due by 1/17/2023. (Inouye, Jared) |
| Filing 33 CERTIFICATE of Interested Parties by KeyBank N.A., Keybank National Association that identifies all parties that have an interest in the outcome of this case. Other Affiliate KeyCorp Student Loan Trust 2006-A for KeyBank N.A., Keybank National Association added.. (Inouye, Jared) |
| Filing 32 MOTION to Strike #16 Amended Complaint by Defendant KeyBank N.A., Interested Party Keybank National Association. Responses due by 1/17/2023. (Attachments: #1 Exhibit A - Declaration of Faye Konstantinopoulos, #2 Exhibit B - Bankruptcy Petition, #3 Exhibit C - U.S. Bankruptcy Court - Instructions, #4 Exhibit D - Order of Discharge, #5 Exhibit E - The Version of 20 U.S.C. 1087)(Inouye, Jared) (pleading) |
| Filing 31 MOTION to Dismiss #16 Amended Complaint by Defendant KeyBank N.A., Interested Party Keybank National Association. Responses due by 1/17/2023. (Attachments: #1 Exhibit A - Bankruptcy Petition, #2 Exhibit B - U.S. Bankruptcy Court - Instructions, #3 Exhibit C - Order of Discharge)(Inouye, Jared) |
| Filing 30 Joint Stipulated Discovery Plan and Scheduling Order re 28 Minute Order,, by Plaintiff Amanda Davis.. (Harris, Scott) |
| Filing 29 NOTICE of Corrected Image/Document re #5 Summons Returned Executed by Plaintiff Amanda Davis. (Service of corrected image is attached.). (Haines, George) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 12/20/2022. By Law Clerk: C. Ponder. It has come to the attention of the Court that the parties have failed to file a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1. Accordingly, IT IS HEREBY ORDERED that the parties shall file a joint proposed discovery plan and scheduling order within 14 days of the date of this Order. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
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Filing 27
ORDER Granting #24 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Brandon Stein for Keybank National Association and approving Designation of Local Counsel as to Matthew L. Johnson. Signed by Judge Jennifer A. Dorsey on 12/15/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
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Filing 26
ORDER Granting #23 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jessica E. Salisbury-Copper for Keybank National Association and approving Designation of Local Counsel as to Matthew L. Johnson. Signed by Judge Jennifer A. Dorsey on 12/15/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
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Filing 25
ORDER Granting #22 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kip T. Bollin for Keybank National Association and approving Designation of Local Counsel as to Matthew L. Johnson. Signed by Judge Jennifer A. Dorsey on 12/15/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
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| Filing 24 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Brandon Stein and DESIGNATION of Local Counsel Matthew Johnson (Filing fee $ 250 receipt number ANVDC-7147297) by Defendant KeyBank N.A., Interested Party Keybank National Association. (Inouye, Jared) |
| Filing 23 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jessica E. Salisbury-Copper and DESIGNATION of Local Counsel Matthew Johnson (Filing fee $ 250 receipt number ANVDC-7147292) by Defendant KeyBank N.A., Interested Party Keybank National Association. (Inouye, Jared) |
| Filing 22 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kip T. Bollin and DESIGNATION of Local Counsel Matthew Johnson (Filing fee $ 250 receipt number ANVDC-7147283) by Defendant KeyBank N.A., Interested Party Keybank National Association. (Inouye, Jared) |
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Filing 21
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Scott C. Harris for Amanda Davis and approving Designation of Local Counsel as to George Haines. Signed by Judge Jennifer A. Dorsey on 12/2/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
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| Filing 20 NOTICE of Corrected Image/Document re #18 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Scott Harris, by Plaintiff Amanda Davis. (Service of corrected image is attached.). (Haines, George) |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 11/28/2022. Re: #18 Verified Petition for Permission to Practice Pro Hac Vice : The verified petition does not comply with LR IA 11-2(a). Counsel failed to provide the party's signature and name on the final page of the petition. Counsel instead provided the petitioning attorney's signature on that page. Counsel is advised to provide the missing signature and information in an amended petition, file the amended petition under the event titled "Notice of Corrected Image/Document," and link the amended petition to the originally filed petition within 10 days of this order. (Copies have been distributed pursuant to the NEF - MH) |
| Filing 18 View Corrected Image #20 as to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Scott C. Harris and DESIGNATION of Local Counsel George Haines (Filing fee $ 250 receipt number ANVDC-7125028) by Plaintiff Amanda Davis. (Haines, George) Modified on 12/2/2022 (EDS). |
| Filing 17 WAIVER OF SERVICE Returned Executed by KeyBank N.A., Keybank National Association. Amanda Davis waiver sent on 11/4/2022, answer due 1/3/2023. (Inouye, Jared) |
| Filing 16 First AMENDED COMPLAINT with Jury Demand against American Education Services LLC, Keybank National Association by Amanda Davis. Adds and removes parties. (Avalos, Gerardo) |
| Filing 15 CERTIFICATE of Interested Parties by American Education Services LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Pennsylvania Higher Education Assistance Agency for American Education Services LLC added.. (Reilly, Patrick) |
| Filing 14 ANSWER to #1 Complaint, American Education Services, LLC's Answer to Plaintiff's Complaint filed by American Education Services LLC. Discovery Plan/Scheduling Order due by 12/18/2022.(Reilly, Patrick) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Attorney update in case: Attorney Monique S. Jammer added for Defendant American Education Services LLC as listed on the #14 Answer. (SLD) |
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Filing 13
ORDER Granting #12 Stipulation for Extension of Time (First Request). Plaintiff shall have thirty (30) days to amend the Complaint or otherwise add KeyBank N.A. or any known KeyBank N.A. affiliate as a defendant, and to provide notice of the same to KeyBank N.A. Signed by Magistrate Judge Elayna J. Youchah on 10/28/2022. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 12 STIPULATION FOR EXTENSION OF TIME (First Request) to File Responsive Pleading re #1 Complaint, by Interested Party Keybank National Association. (Inouye, Jared) (extend) (answer) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 10/27/2022. By Judicial Assistant: E. Santiago.Pending before the Court is the Stipulation as to Keybank National Association Re: Time to File Responsive Pleading (ECF No. 10). The Stipulation fails to make clear what the parties seek. No end date for the extension is offered. No identified process to resolving the issue causing the need for an extension is explained sufficient to allow the Court to grant or deny the stipulation. Accordingly, IT IS HEREBY ORDERED that the Stipulation as to Keybank National Association Re: Time to File Responsive Pleading (ECF No. 10) is DENIED without prejudice. The parties may file a revised stipulation that provides a timeline for the extension requested and the anticipated act or acts that may be taken upon expiration of the extension (e.g. filing of a responsive pleading or substation of parties). (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 10 STIPULATION FOR EXTENSION OF TIME (First Request) to File Responsive Pleading re #1 Complaint, by Interested Party Keybank National Association. (Inouye, Jared) (extend) (answer) |
| Filing 9 NOTICE of Nevada Designation of Service Attorney Pursuant to LR IA 11-1(b) by Keybank National Association re #8 Notice of Appearance.. (Inouye, Jared) |
| Filing 8 NOTICE of Appearance by attorney Jared Inouye on behalf of Interested Party Keybank National Association. (Inouye, Jared) |
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Filing 7
ORDER Granting #6 Stipulation to Extend Deadline to Answer #1 Complaint. American Education Services LLC answer due 11/7/2022. Signed by Magistrate Judge Elayna J. Youchah on 10/25/2022. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 6 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Complaint re #1 Complaint, by Defendant American Education Services LLC. (Reilly, Patrick) (extend) (answer) |
| Filing 5 SUMMONS Returned Executed by Amanda Davis re #3 Summons Issued. KeyCorp Financial, Inc served on 10/6/2022. (Haines, George) |
| Filing 4 SUMMONS Returned Executed by Amanda Davis re #3 Summons Issued. American Education Services LLC served on 10/3/2022. (Haines, George) |
| Filing 3 SUMMONS ISSUED as to American Education Services LLC, KeyCorp Financial, Inc re #1 Complaint. (Attachments: #1 Summons) (KF) |
| Filing 2 CERTIFICATE of Interested Parties by Amanda Davis. There are no known interested parties other than those participating in the case (Avalos, Gerardo) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7064853) by Amanda Davis. Proof of service due by 12/27/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Avalos, Gerardo) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. (KF) |
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