Jarry et al v. National Collegiate Student Loan Trust 2005-3 et al
| Erik Jarry and Robert Jarry |
| John Doe 1-10, National Collegiate Student Loan Trust 2005-3, The National Collegiate Funding LLC, Transworld Systems, Inc., Turnstile Capital Management, LLC and Vantage Capital Group, LLC |
| 2:2018cv00315 |
| January 17, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth above, plaintiffs' objections are overruled, the Report is accepted in its entirety and, for the reasons set forth in the Report, plaintiffs' claims against NCSLT and TCM are dismissed in their entirety with prejudice; defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted to the extent that plaintiffs' claims against TSI are stayed pending a final dis position in the New York Action, and is otherwise denied; and this case is administratively closed with leave to reopen on 10 days notice but in no event later than 2/8/2022. The Clerk of the Court shall close this case. SO Ordered by Judge Sandra J. Feuerstein on 6/25/2019. (Tirado, Chelsea)
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Filing
22
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Since no party has filed any timely objections to Magistrate Judge Lindsay's Report, nor sought an extension of time to do so, they have "waive[d] any further judicial review of the findings conta ined in the [R]eport." Moreover, as the Report is not plainly erroneous, the Court will not exercise its discretion to excuse the parties' default in filing timely objections to the Report in the interests of justice. Accordingly, the Repor t is accepted in its entirety and, for the reasons set forth therein, the Moving Defendants' motion for summary judgment pursuant to Rule 56 f the Federal Rules of Civil Procedure is denied without prejudice to refiling in compliance with Local Civil Rule 56.1 SO Ordered by Judge Sandra J. Feuerstein on 2/26/2019. (Tirado, Chelsea)
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