Chery v. Conduent Education Services, LLC et al
| Jeffrey Chery |
| Conduent Education Services, LLC, Access Funding 2015-1, LLC, Access Group, Inc. and ACS |
| 1:2018cv00075 |
| January 18, 2018 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Christian F Hummel |
| David N Hurd |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Filing 112
JUDGMENT: FINAL ORDER APPROVING CLASS ACTION SETTLEMENT granting 107 Motion. (Attachments: #1 Attachment - Notice of Appeal) (khr) (Main Document 112 replaced on 12/5/2022) (khr, ).
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Filing 111
FINAL ORDER APPROVING CLASS ACTION SETTLEMENT granting #107 Motion.ORDERED that 1. The motion for final approval is GRANTED; 2. The form, content, and method of dissemination of the Notices1 given to the Class was adequate and reasonable and constituted the best notice practicable under the circumstances, including individual first-class mailed notices to all Class Members who could be identified through reasonable effort; 3. The Notice, as given, complied with the requirements of Rule 23 of the Federal Rules of Civil Procedure, satisfied the requirements of due process, and constituted due and sufficient notice; 4. The Settlement set forth in the Stipulation is fair, reasonable, and adequate, and in the best interests of the Class, particularly in light of the fact that (a) the Settlement was negotiated vigorously, in good faith, and at arms length by plaintiff and his experienced counsel on behalf of the Class;(b) the matter settled only after extensive negotiations conducted under the auspices of a retired U.S. Magistrate Judge; (c) required full briefing and contested motion practice at various stages of the litigation, as set forth supra; (d) involved substantial discovery, including the depositions of four expert witnesses, and motion practice as to same; and (e) in the event the Settlement had not been achieved, both parties faced considerable expense, risk, burdens, and uncertainty of continued litigation; 5. The Stipulation and Settlement are APPROVED as final, fair, reasonable, and adequate; 6. The Settlement shall be CONSUMMATED in accordance with the terms and provisions of the Stipulation; 7. Plaintiff, all Class Members, and defendants are bound by the terms of the Settlement as set forth in the Stipulation; 8. The Action and all claims that are or have ever been contained therein, as well as all of the Released Claims, are DISMISSED WITH PREJUDICE as to Plaintiff, the Class Members, and all other Releasing Parties; 9. The parties are to bear their own costs except as otherwise provided in the Stipulation; 10. All Released Defendants as defined in the Stipulation are RELEASED in accordance with, and as defined in, the Stipulation; 11. Upon the Effective Date of the Settlement, Plaintiff and all Class Members, on behalf of themselves and of each of the Releasing Parties, shall be deemed to have, and by operation of this Final Judgment shall have, fully, finally, and forever waived, released, relinquished, and discharged all Released Claims against the Released Defendants, regardless of whether such Class Member cashes a settlement check or executes and delivers a Verification; 12. Upon the Effective Date of the Settlement, each of the Defendants shall be deemed to have, and by operation of this Final Judgment, shall have fully, finally, and forever released and discharged Plaintiff, Plaintiffs Counsel, and each and all of the Class Members from any and all claims relating to the institution, prosecution, or settlement of: (a) the Action or (b) the Released Claims; 13. Nothing in this Final Judgment shall operate or be construed to release any claims or rights Defendants have to recover any past, present, or future amounts that may be owed by Plaintiff or Class Members on his/her accounts, loans, or any other debts owed to or serviced by Defendants, pursuant to the terms and conditions of such accounts, loans, or any other debts; 14. All Class Members who have not made timely objections to the Settlement or Motion for Attorneys Fees, Expenses, and Class Representative Service Award in the manner provided for in the Notices are deemed to have waived any objections by appeal, collateral attack, or otherwise; 15. All Class Members who did not timely exclude themselves from the Class are bound by the terms and conditions of the Stipulation and this Final Judgment and release and forever discharge the Released Defendants from all Released Claims as provided for in the Stipulation and this Order; 16. Plaintiffs Counsel are awarded attorneys fees in the amount of$1,083,333.33, which sum the Court finds to be fair and reasonable, and are awarded reimbursement of expenses in the amount of $72,667.11, both of which sums shall be paid from the Settlement Amount; 17. The Court finds that an award to Plaintiff for his time and efforts2 in representing the Class in the prosecution of this Action is fair and reasonable, and thus awards $25,000.00 to the Plaintiff from the Settlement Amount; 18. All other provisions of the Stipulation are incorporated into this Final Judgment as if fully reproduced in this Order; 19. Plaintiff, all Class Members, and all other Releasing Parties are BARRED AND PERMANENTLY ENJOINED from instituting, commencing, maintaining, or prosecuting in any court or tribunal any of the Released Claims against any of the Released Defendants; 20. Defendants and their successors or assigns are BARRED AND PERMANENTLY ENJOINED from instituting, commencing, maintaining, or prosecuting any claims relating to the institution, prosecution, or settlement of: (a) the Action or (b) the Released Claims against Plaintiff, Class Members, or Plaintiffs Counsel; 21. The Plan of Allocation as set forth in the Notices is APPROVED as fair and reasonable; 22. Plaintiffs Counsel are directed to arrange for the administration of the Settlement and payments to Eligible Class Members in accordance with its terms and conditions; 23. Any modification or change in the Plan of Allocation that may hereafter be approved shall in no way disturb or affect this Final Judgment or the released provided in this Order and shall be considered separate from this Final Judgment; 24. The Court decrees that neither the Stipulation nor this Final Judgment, nor even the fact of the Settlement is an admission or concession by the Released Defendants, or any of them, of any liability or wrongdoing; 25. The Court further decrees that this Final Judgment is not a finding of the validity or invalidity of any of the claims asserted or defenses raised int he Action; 26. The Action is DISMISSED WITH PREJUDICE; 27. The Court retains jurisdiction over compliance with the Stipulation and this Final Judgment; and 28. The Clerk of Court is directed to enter a Final Judgment accordingly, terminate the pending motions, and close the file. IT IS SO ORDERED. Signed by Judge David N. Hurd on 12/2/2022. (khr)
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Filing 110
NOTICE by Jeffrey Chery re #107 MOTION FINAL APPROVAL OF CLASS ACTION SETTLEMENT filed by Jeffrey Chery. proposed order agreed to by all parties as directed at 12/1 Fairness Hearing (Kuehn, Justin)
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TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Court calls case and gavels in Fairness Hearing on Class Action Settlement and with NO OBJECTIONS BEING HEARD, Judge Hurd GRANTS plaintiff class' motion for final approval of the proposed class action settlement and directs parties to submit an appropriate Order within 10 DAYS, pursuant to Federal Rule of Civil Procedure 23 (1) finally approving the Parties proposed class action settlement, the terms and conditions of which are set forth in the Stipulation and Agreement of Settlement [ECF No. #105 -3]; (2) granting an award of attorneys fees of $1,083,333.33 and litigation expenses of $72,667.11; (3) granting a $25,000 service award for Plaintiff; and granting such other and further relief as is just and appropriate. Appearances: Justin A. Kuehn, Esq. and Lawrence P. Eagel, Esq. for Plaintiff Class; Thomas Burke, Esq. and John Grugan, Esq. for defendant Conduent Education Services, LLC. Access Group, Inc., and Access Funding 2015-1, LLC. (Court Reporter Hannah Cavanaugh) (ptm)
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Filing 109
TEXT ORDER GRANTING REMOTE APPEARANCE BY COUNSEL AT FAIRNESS HEARING; Purusant to the Order of the Hon. David N. Hurd, USDJ, the #108 Unopposed Letter Motion from Thomas F. Burke, Esq. for defendants requesting permission to appear remotely at the December 1, 2022 Fairness Hearing is Granted. Parties shall be available for a telephone call from the Court at 1:00pm on December 1, 2022. The Fairness Hearing shall proceed as ordered with the case being called in open Court to allow for any possible objections from the public gallery. So Ordered by Judge David N. Hurd on 11/28/2022. (ptm)
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Filing 108
Unopposed Letter Motion from T. Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Permission to Appear Remotely submitted to Judge Hurd . (Burke, Thomas)
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Filing 107
MOTION FINAL APPROVAL OF CLASS ACTION SETTLEMENT filed by Jeffrey Chery. Response to Motion due by 12/2/2022 (Attachments: #1 Memorandum of Law, #2 Declaration Justin Kuehn, #3 Declaration Lawrence Eagel, #4 Declaration Jeffrey Chery, #5 Declaration Jason M. Stinehart) Motions referred to Christian F. Hummel. (Kuehn, Justin)
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Set Deadlines/Hearings: Settlement Fairness Hearing set for 12/1/2022 01:00 PM in Utica before Judge David N. Hurd. (khr)
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Filing 106
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting #105 Motion. A Settlement Fairness Hearing is SCHEDULED to be held before this Court on Thursday, December 1st, 2022, at 1:00 p.m. at the United States District Court, Northern District of New York, Alexander Pirnie Federal Building and U.S. Courthouse, 10 Broad Street, Utica, New York, 13501. Signed by Judge David N. Hurd on 7/26/2022. (khr)
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Filing 105
MOTION PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (UNOPPOSED) filed by Jeffrey Chery. Response to Motion due by 8/12/2022 (Attachments: #1 Memorandum of Law, #2 Declaration Justin Kuehn, #3 Exhibit(s) 1 - Stipulation and Agreement of Settlement) Motions referred to Christian F. Hummel. (Kuehn, Justin)
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Filing 104
ORDER granting #103 Letter Request, #103 Joint Letter Motion from Lawrence P. Eagel for Jeffrey Chery requesting Stay to Complete Settlement Agreement submitted to Judge David N. Hurd : IT IS SO ORDERED. Signed by Judge David N. Hurd on 3/21/2022. (khr)
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Filing 103
Joint Letter Motion from Lawrence P. Eagel for Jeffrey Chery requesting Stay to Complete Settlement Agreement submitted to Judge David N. Hurd . (Eagel, Lawrence)
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Filing 102
MEMORANDUM-DECISION and ORDER granting #91 Motion for Summary Judgment; denying #92 Motion for Summary Judgment; denying #93 Motion. ORDERED that 1. Defendants motion to exclude plaintiffs expert is DENIED; 2. Defendants motion for summary judgment is DENIED; 3. Plaintiffs motion for summary judgment with regard to the New York General Business Law 349 claim is GRANTED; 4. The parties are directed to meet and confer within 30 days of the date of this Decision to determine whether a total settlement can be reached as to all of the causes of action; 5. The parties are further directed to provide a status report to the Court within 60 days of the date of this Decision; and 6. If no total settlement or global resolution of the claims can be reached, the Court will at that time (a) enter a judgment in favor of the Class as to liability on the New York General Business Law 349 claim and (b) set a date certain for a trial on damages and any remaining causes of action if necessary. IT IS SO ORDERED. Signed by Judge David N. Hurd on 1/20/2022. (khr)
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Filing 101
REPLY to Response to Motion re #91 MOTION for Summary Judgment filed by Jeffrey Chery. Motion returnable before Judge Hurd. filed by Jeffrey Chery. (Kuehn, Justin)
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Filing 100
REPLY to Response to Motion re #93 MOTION To Exclude Opinions and Testimony of William Jeffers filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Burke, Thomas)
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Filing 99
REPLY to Response to Motion re #92 MOTION for Summary Judgment filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. Motion returnable before Judge Hurd. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Burke, Thomas)
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Filing 98
TEXT ORDER GRANTING REQUEST FOR REPLY BRIEF. Pursuant to the verbal order of the Hon. David N. Hurd, USDJ, the #97 Letter Motion from Thomas Burke, Esq. for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Permission to File Reply Brief of no more than five (5) pages in Support of Daubert Motion, is Granted. So Ordered by Judge David N. Hurd on 9/7/2021. (ptm)
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Filing 97
Letter Motion from Thomas Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Permission to File Reply Brief in Support of Daubert Motion submitted to Judge Hurd . (Burke, Thomas)
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Filing 96
RESPONSE in Opposition re #93 MOTION To Exclude Opinions and Testimony of William Jeffers filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. filed by Jeffrey Chery. (Kuehn, Justin)
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Filing 95
RESPONSE in Opposition re #92 MOTION for Summary Judgment filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. Motion returnable before Judge Hurd. filed by Jeffrey Chery. (Attachments: #1 Statement of Material Facts (Responding), #2 Declaration Jeffrey Chery, #3 Exhibit(s) A - deposition ex. 5, #4 Exhibit(s) B - statements)(Kuehn, Justin)
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Filing 94
RESPONSE in Opposition re #91 MOTION for Summary Judgment filed by Jeffrey Chery. Motion returnable before Judge Hurd. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Memorandum of Law, #2 Statement of Material Facts)(Burke, Thomas)
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CLERK'S CORRECTION OF DOCKET ENTRY #92 Motion for Summary Judgment, Exhibits #9 Exhibit F, 10 Exhibit G, and 17 Exhibit C to redact personal identifiers. (gmd)
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Filing 93
MOTION To Exclude Opinions and Testimony of William Jeffers filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. Response to Motion due by 9/3/2021 (Attachments: #1 Memorandum of Law, #2 Declaration of Thomas F. Burke, #3 Exhibit(s) A - Jeffers Supp and Am Report, #4 Exhibit(s) B - Excerpts of Jeffers Deposition, #5 Exhibit(s) C - Skanderson Report, #6 Exhibit(s) D - Excerpts of Chery Deposition, #7 Exhibit(s) E - FSA - Student Loan Consolidation, #8 Exhibit(s) F - FSA - PSLF, #9 Declaration of Jamie Broedel, #10 Exhibit(s) A - Payment Plan Codes, #11 Exhibit(s) B - Status Codes, #12 Exhibit(s) C - MPNs (redacted), #13 Exhibit(s) D - LVC Spreadsheet) Motions referred to Christian F. Hummel. (Burke, Thomas)
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Filing 92
MOTION for Summary Judgment filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. Motion returnable before Judge Hurd. Response to Motion due by 9/3/2021. Reply to Response to Motion due by 9/10/2021 (Attachments: #1 Memorandum of Law, #2 Statement of Material Facts, #3 Declaration of Thomas F. Burke, #4 Exhibit(s) A - Jeffers Supp and Amended Report, #5 Exhibit(s) B - Excerpts of Jeffers Deposition, #6 Exhibit(s) C - Skanderson Expert Report, #7 Exhibit(s) D - Excerpts of Chery Deposition, #8 Exhibit(s) E - Excerpts of Broedel Deposition, #9 Exhibit(s) F - Defendants Resp and Obj to RFAs, #10 Exhibit(s) G - Defs Amended RFA Resps, #11 Exhibit(s) H - FSA - Student Loan Consolidation, #12 Exhibit(s) I - FSA - IDR Plans, #13 Exhibit(s) J - FSA - PSLF, #14 Declaration of Jamie Broedel, #15 Exhibit(s) A - Payment Plan Codes, #16 Exhibit(s) B - Status Codes, #17 Exhibit(s) C - MPNs, #18 Exhibit(s) D - LVC Data) (Burke, Thomas) (Attachment 9 replaced on 8/16/2021) (gmd, ). (Attachment 10 replaced on 8/16/2021) (gmd, ). (Attachment 17 replaced on 8/16/2021) (gmd, ).
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Filing 91
MOTION for Summary Judgment filed by Jeffrey Chery. Motion returnable before Judge Hurd. Response to Motion due by 9/3/2021. Reply to Response to Motion due by 9/10/2021 (Attachments: #1 Memorandum of Law, #2 Statement of Material Facts, #3 Declaration William Jeffers, CFA, #4 Declaration Justin Kuehn, #5 Exhibit(s) A- Class Data, supplemented on Jan. 29, 2021, #6 Exhibit(s) B- CFPB Consent Order, #7 Exhibit(s) C- DFS Consent Order, #8 Exhibit(s) D- Supplemental and Amended Expert Report, #9 Exhibit(s) E- MPN, #10 Exhibit(s) F- Disclosure Statement, #11 Exhibit(s) G - 12/19/19 transcript, #12 Exhibit(s) H- Answers and Objections to Plaintiffs Interrogatories, #13 Exhibit(s) I- Responses and Objections to Plaintiffs Request for Admissions, #14 Exhibit(s) J- Broedel transcript, #15 Exhibit(s) K- Chery transcript, #16 Exhibit(s) L- Skanderson transcript, #17 Exhibit(s) M- Jeffers transcript, #18 Exhibit(s) N- rebuttal Expert Report) (Kuehn, Justin)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 8/6/2021 by telephone. Appearances by Justin Kuehn, Esq. and Lawrence Eagel, Esq. for plaintiff; Thomas Burke, Esq. for Defendants. The Court hears from both sides regarding their view of the case status. Plaintiffs are ready for a trial date and Defendants believe they are entitled to file a dispositive motion. The Court sets forth the case history and addresses the unaddressed request to stay pending the appeal, which is now moot. The Court rules in favor of allowing dispositive motions to be filed. Motions to be filed by 8/13/2021, Response filed by 8/30/2021. [Motions terminated: #88 Letter Motion from Justin Kuehn for Jeffrey Chery requesting trial date and #85 Letter Motion from Thomas F. Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Stay Pending Appeal] (Court Reporter Lisa Tennyson) (tab)
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Filing 90
TEXT ORDER re #88 Letter Motion from Justin Kuehn for Jeffrey Chery requesting trial date submitted to Judge Hurd and #89 Response in Opposition to Motion, filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC.: A Court Conference has been set for Friday, 8/6/2021 @ 11:00 AM. This hearing will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 8/2/2021. (tab)
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Filing 89
RESPONSE in Opposition re #88 Letter Motion from Justin Kuehn for Jeffrey Chery requesting trial date submitted to Judge Hurd filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Burke, Thomas)
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Filing 88
Letter Motion from Justin Kuehn for Jeffrey Chery requesting trial date submitted to Judge Hurd . (Kuehn, Justin)
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Filing 87
MANDATE of USCA issued on 7/26/2021 (USCA Case #21-1312). Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the district court's order granting class certification. They also move for leave to file a reply in support of the petition. Upon due consideration, it is hereby ORDERED that the motion to file a reply is GRANTED but the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). (khr)
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Filing 86
RESPONSE in Opposition re #85 Letter Motion from Thomas F. Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Stay Pending Appeal submitted to Judge Christian F. Hummel filed by Jeffrey Chery. (Kuehn, Justin)
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Filing 85
Letter Motion from Thomas F. Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Stay Pending Appeal submitted to Judge Christian F. Hummel . (Attachments: #1 Exhibit(s) Defendants' Rule 23(f) Petition)(Burke, Thomas)
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Filing 84
MEMORANDUM-DECISION and ORDER granting #74 Motion to Certify Class; granting #79 Motion to Certify Class. ORDERED that 1. Cherys motion for class certification is GRANTED; 2. Chery is appointed as representative of the Class; and 3. BES and MKPLLC are appointed as co-counsel to the Class. IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/5/2021. (khr)
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Filing 83
TEXT ORDER granting #82 Letter Request from Thomas F. Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting extension of deadlines. The proposed deadlines, as described in the request, are approved by the Court. Authorized by Magistrate Judge Christian F. Hummel on 4/30/2021. (tab)
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Filing 82
Joint Letter Motion from Thomas F. Burke for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting extension of deadlines submitted to Judge Hummel . (Burke, Thomas)
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Filing 81
REPLY to Response to Motion re #79 MOTION to Certify Class (Supplemental and Amended) filed by Jeffrey Chery. (Attachments: #1 Declaration Justin A. Kuehn, #2 Exhibit(s) A - Rebuttal Expert Report)(Kuehn, Justin)
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Set/Reset Deadlines as to #79 MOTION to Certify Class (Supplemental and Amended).. Reply to Response to Motion due by 4/9/2021 pursuant to the court's February 11, 2021 Text Only Order (Dkt. No. 78.) (jel, )
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Filing 80
RESPONSE in Opposition re #79 MOTION to Certify Class (Supplemental and Amended) filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Declaration of Thomas F. Burke, #2 Exhibit(s) 1 to Burke Decl - Student Loan Consolidation (FSA), #3 Exhibit(s) 2 to Burke Decl - Income-Driven Repayment (FSA), #4 Exhibit(s) 3 to Burke Decl - Public Service Loan Forgiveness (FSA), #5 Exhibit(s) 4 to Burke Decl - Excerpts of Chery Deposition, #6 Exhibit(s) 5 to Burke Decl - Defs RFA Resp and Obj to RFAs, #7 Exhibit(s) 6 to Burke Decl - Defs Amended Resp and Obj to RFAs, #8 Exhibit(s) 7 to Burke Decl - Skanderson Expert Report, #9 Declaration of Jamie Broedel, #10 Exhibit(s) 1 to Broedel Decl - Payment Plan Codes, #11 Exhibit(s) 2 to Broedel Decl - Status Codes)(Burke, Thomas)
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Filing 79
MOTION to Certify Class (Supplemental and Amended) Response to Motion due by 3/12/2021. Reply to Response to Motion due by 3/19/2021 filed by Jeffrey Chery. (Attachments: #1 Memorandum of Law, #2 Declaration Jeffrey Chery, #3 Declaration Justin Kuehn, #4 Exhibit(s) A - Class Data supplemented on January 29, 2021, #5 Exhibit(s) B - CFPB Consent Order, #6 Exhibit(s) C- DFS Consent Order, #7 Exhibit(s) D - Supplemental and Amended Expert Report, #8 Exhibit(s) E - MPN, #9 Exhibit(s) F - Disclosure Statement, #10 Exhibit(s) G - 12/19/19 transcript, #11 Exhibit(s) H - Answers and Objections to Plaintiffs Interrogatories, #12 Exhibit(s) I - Responses and Objections to Plaintiffs Request for Admissions, #13 Exhibit(s) J - Broedel transcript, #14 Exhibit(s) K - BES firm resume, #15 Exhibit(s) L - MKPLLC firm resume) (Kuehn, Justin)
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Filing 78
TEXT ORDER granting #77 Letter Request from Justin Kuehn for Jeffrey Chery requesting extension of deadlines. Proposed and Consented to deadlines are adopted: Close of fact discovery extended to March 26, 2021. Close of all discovery, including experts, extended to April 30, 2021. Dispositive motions to be filed on or before May 14, 2021. An Amended/supplemental class certification motion to be filed on or before February 19, 2021 [to Amend Dkt. No. 74], and response that is currently due on February 12, 2021, and reply is currently due on March 5, 2021 is extended and reset for March 19, 2021 (response) and April 9, 2021 (for reply). Plaintiffs amended/supplemental opening expert reports, if any, is now due February 12, 2021.Defendants responding expert report, if any, or, if Plaintiff does not file an expert report, Defendants opening expert report, if any, due March 19, 2021. Plaintiffs reply or responding expert report, if any, due April 2, 2021. Defendants reply expert report, if any, due April 16, 2021. Expert depositions to be scheduled from between April 19-30, 2021. [Discovery due by 4/30/2021] [Motions to be filed by 5/14/2021]. Authorized by Magistrate Judge Christian F. Hummel on 2/11/2021. (tab)
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Filing 77
Unopposed Letter Motion from Justin Kuehn for Jeffrey Chery requesting extension of deadlines submitted to Judge Christian F. Hummel . (Kuehn, Justin)
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Filing 76
ORDER approving #75 Stipulation filed by Jeffrey Chery, withdrawing subpoenas. Signed by Magistrate Judge Christian F. Hummel on 1/22/2021. (tab)
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Filing 75
STIPULATION withdrawing subpoenas by Jeffrey Chery submitted to Judge Christian F. Hummel. (Kuehn, Justin)
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Filing 74
MOTION to Certify Class Response to Motion due by 2/5/2021. Reply to Response to Motion due by 2/12/2021 filed by Jeffrey Chery. (Attachments: #1 Memorandum of Law, #2 Declaration Jeffrey Chery, #3 Declaration Justn Kuehn, #4 Exhibit(s) A - Class Data, #5 Exhibit(s) B - CFPB Consent Order, #6 Exhibit(s) C - DFS Consent Order, #7 Exhibit(s) D - Expert Report, #8 Exhibit(s) E - MPN, #9 Exhibit(s) F Disclosure Statement, #10 Exhibit(s) G - 12/19/19 transcript, #11 Exhibit(s) H - Answers and Objections to Plaintiffs Interrogatories, #12 Exhibit(s) I - Answers and Objections to Plaintiffs Interrogatories, #13 Exhibit(s) J - Broedell transcript, #14 Exhibit(s) K - BES firm resume, #15 Exhibit(s) L - MKPLLC firm resume) (Kuehn, Justin)
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Text Only Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: CRD: John Law. Telephone Conference held on 1/8/2021 : Appearances made via telephone: Justin Kuehn, Esq., Lawrence Eagel, Esq., and David Stone, Esq., for plaintiff. John Grugan, Esq. and Tom Burke, Esq., for defendants. Court discusses pending motions to quash in related miscellaneous cases 1:19-mc-48, 1:19-mc-51, 1:19-mc-55 and 1:19-mc-59. Court inquires did not appear on report and do not appear formally resolved. Atty. Eagel advises not formally resolved but based on court's decision on motion to compel addressed issues. Atty. Eagel proposes stipulation to submit to the court. Defendants have no objections. Atty. Burke just wanted to clarify that the motions were by defendant to quash subpoenas and have not objections as long as subpoenas withdrawn and then motions would be withdrawn. Parties are to submit a stipulation to the court. (Court Reporter None) (jel, ) Time: 11:00-11:05 a.m.
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Filing 73
COURT NOTICE of Conference: A Telephone Conference has been set for Friday, 1/8/2021 @ 11:00 AM before Magistrate Judge Christian F. Hummel. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call.(tab)
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Filing 72
TEXT ORDER granting #71 Letter Request from Justin Kuehn for Jeffrey Chery requesting extension of deadlines. Deadlines are reset as outlined in Dkt. no. 71 [Discovery due by 3/31/2021]; [Motions to be filed by 4/16/2021]. Authorized by Magistrate Judge Christian F. Hummel on 12/3/2020. (tab)
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Filing 71
Unopposed Letter Motion from Justin Kuehn for Jeffrey Chery requesting extension of deadlines submitted to Judge Christian F. Hummel . (Kuehn, Justin)
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Filing 70
TRANSCRIPT of Proceedings: Discovery Conference held on December 19, 2019 before Judge Christian F. Hummel, Court Reporter: Theresa J. Casal, Telephone number: 518-257-1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/2/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/9/2021. Notice of Intent to Redact due by 11/16/2020 (tjc, )
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Filing 69
TEXT ORDER granting #68 Letter Request from Justin Kuehn for Jeffrey Chery requesting extension of deadlines: Deadlines are reset as outlined in Dkt. no. 68 [Discovery due by 2/28/2021], [Motions to be filed by 3/18/2021]. Authorized by Magistrate Judge Christian F. Hummel on 11/9/2020. (tab)
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Filing 68
Joint (all parties) Letter Motion from Justin Kuehn for Jeffrey Chery requesting extension of deadlines submitted to Judge Christian F. Hummel . (Kuehn, Justin)
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Filing 67
TRANSCRIPT REQUEST by Jeffrey Chery for proceedings held on Dec. 19, 2019 before Judge Christian F. Hummel.. (Kuehn, Justin)
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Filing 66
TEXT ORDER re #63 Joint (all parties) Letter Motion requesting settlement conference and extension of deadlines submitted to Judge Christian F. Hummel, filed by Jeffrey Chery. As set forth in Dkt. No. 63, Plaintiff to file a Motion for Class Certification on or before 11/20/2020; Response to motion to be filed by 12/18/2020 and Plaintiff;s reply to be filed by 1/12/2021. Authorized by Magistrate Judge Christian F. Hummel on 11/2/2020. (tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Settlement Conference held on 10/28/2020 by video platform. Appearances by Justin A. Kuehn, Esq. and Lawrence P. Eagel, Esq. for Plaintiffs; John Grugan, Esq. and Thomas Burke, Esq. for Defendants. Conference does not result in a settlement. Case will proceed. Parties agree to a briefing schedule for a Class certification motion. A text Order setting the briefing schedule will be issued. (tab)
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Filing 65
TEXT ORDER granting #63 Letter Request for a settlement conference to be set with the Court. A Settlement Conference has been set for Wednesday, 10/28/2020 beginning at 10:00 AM. Chambers will reach out to counsel, directly, with instructions on how and by what means, this conference will be held remotely. No participants will be required to appear in person. Authorized by Magistrate Judge Christian F. Hummel on 10/9/2020. (tab)
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Filing 64
NOTICE of Appearance by Thomas Burke on behalf of All Defendants (Burke, Thomas)
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Filing 63
Joint (all parties) Letter Motion from Justin Kuehn for Jeffrey Chery requesting settlement conference and extension of deadlines submitted to Judge Christian F. Hummel, . (Kuehn, Justin)
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Filing 62
TEXT ORDER granting #61 Motion for Limited Admission Pro Hac Vice of Thomas F. Burke, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 9/30/2020. (tab)
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Filing 61
MOTION for Limited Admission Pro Hac Vice of Thomas F. Burke Filing fee $100, receipt number ANYNDC-5260818. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 Attorney Registration Form, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Christian F. Hummel. (Fanaselle, Daniel)
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Filing 60
DECISION & ORDER granting in part and denying in part #55 Motion to Compel. ORDERED, that plaintiffs motion (Dkt. No. 55) is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED, that defendants produce to plaintiff documents related to the Consent Orders to the extent that the documents produced to the CFPB and the NYSDFS concern defendants practices for servicing student loans and responding to LVC requests during the period of remediation, but only insofar as such production:(a) is not duplicative of documents previously disclosed by defendants;(b) does not contain personal identifying information of non-parties or confidential settlement information or such information has been sufficiently redacted; and (c) does not require defendants to produce documents that are subject to a valid claim of privilege; and it is further ORDERED, that, to the extent that defendants contend that any of the documents they are being ordered to produce are subject to a valid claim of privilege, they may withhold production of those documents, but must provide plaintiff with a privilege log in compliance with Fed. R. Civ. P. 26(b)(5); and it is further ORDERED, that defendants cross motion (Dkt. No. 56) is DENIED. IT IS SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 8/18/2020. (khr)
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Filing 59
TEXT ORDER granting #58 Letter Request from Lawrence P. Eagel for Jeffrey Chery requesting Extension of time for certain deadlines in the Uniform Pre-Trial Scheduling Order. Discovery now due by 10/31/2020. Motions to be filed by 11/30/2020. Authorized by Magistrate Judge Christian F. Hummel on 6/29/2020. (tab)
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Filing 58
Letter Motion from Lawrence P. Eagel for Jeffrey Chery requesting Extension of time for certain deadlines in the Uniform Pre-Trial Scheduling Order (ECF 46) submitted to Judge Christian F. Hummel . (Eagel, Lawrence)
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Filing 57
REPLY to Response to Motion re #55 MOTION to Compel Production and in Opposition to Cross Motion for Protective Order filed by Jeffrey Chery. (Eagel, Lawrence)
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Filing 56
RESPONSE in Opposition re #55 MOTION to Compel Production and Cross-Motion for Protective Order filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Daniel C. Fanaselle, #2 Exhibit A to Ex. 1 - Def Rsp to RFAs, #3 Exhibit B to Ex. 1 - Def Rsp to 1st RFPs, #4 Exhibit C to Ex. 1 - Plaintiff's Subpoenas, #5 Exhibit D to Ex. 1 - Def Am Rsp to RFAs, #6 Exhibit E to Ex. 1 - Def Rsp to 2nd RFPs, #7 Exhibit F to Ex. 1 - Def Rsp to 2nd RFPs)(Fanaselle, Daniel)
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Set Deadlines as to #55 MOTION to Compel Production. Response to Motion due by 2/14/2020; Reply to Response to Motion due by 2/21/2020. (tab)
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Filing 55
MOTION to Compel Production filed by Jeffrey Chery. (Attachments: #1 Memorandum of Law, #2 Declaration of Lawrence P. Eagel, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Certificate of Service) Motions referred to Christian F. Hummel. (Eagel, Lawrence)
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Filing 54
TEXT ORDER Setting Briefing Schedule on Motion to Compel. Motion to Compel to be filed by 1/23/2020; Response to Motion due by 2/14/2020; Reply to Response to Motion due by 2/21/2020. Motion will be considered fully briefed on 2/28/2020 before Magistrate Judge Christian F. Hummel and will be taken ON SUBMIT unless otherwise directed. Authorized by Magistrate Judge Christian F. Hummel on 12/27/2019. (tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Pre-Motion Conference held on 12/19/2019. Appearances by Justin Kuehn, Esq. and David Stone, Esq. for plaintiff; John Grugan, Esq. and Daniel Christopher Fanaselle, Esq. for Defendants. Arguments are heard regarding discovery issues. The Court permits plaintiff's to file a motion to compel and a briefing schedule is established. A text order setting the briefing schedule for the anticipated Motion to Compel will be issued. (Court Reporter: Theresa Casa) (tab)
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Filing 53
Pre-Motion Response to #49 Letter Motion from Lawrence P. Eagel for Jeffrey Chery requesting pre-motion conference submitted to Judge Christian F. Hummel . (Fanaselle, Daniel)
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Filing 52
TEXT ORDER granting #51 Motion for Limited Admission Pro Hac Vice of David J. Stone, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 12/10/2019. (tab)
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Filing 51
MOTION for Limited Admission Pro Hac Vice of David J. Stone Filing fee $100, receipt number ANYNDC-4964535. filed by Jeffrey Chery. Motions referred to Christian F. Hummel. (Eagel, Lawrence)
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Filing 50
TEXT ORDER granting #49 Letter Request from Lawrence P. Eagel for Jeffrey Chery requesting pre-motion conference. Defendant is directed to file a Response to Plaintiff's Letter Brief [Dkt. no. 49] by 12/12/2019. An In-Person Discovery Hearing/Conference has been set for Thursday, 12/19/2019 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 12/4/2019. (tab)
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Filing 49
Letter Motion from Lawrence P. Eagel for Jeffrey Chery requesting pre-motion conference submitted to Judge Christian F. Hummel . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Eagel, Lawrence)
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Filing 48
STATUS REPORT re 46 UNIFORM PRETRIAL SCHEDULING ORDER by Jeffrey Chery. (Eagel, Lawrence)
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Filing 47
NOTICE of Appearance by Eamon G. Rock on behalf of New York State Department of Financial Services (Rock, Eamon)
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Filing 46
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 8/31/2019. Amended Pleadings due by 10/31/2019. Discovery due by 6/30/2020. Motions to be filed by 7/31/2020. Status Report due by 10/31/2019. Signed by Magistrate Judge Christian F. Hummel on 5/14/2019. (tab)
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Filing 45
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 5/10/2019. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 5/14/2019. (tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 5/10/2019. Appearances by telephone by Justin Kuehn, Esq. and Lawrence Eagel, Esq. for Plaintiff; John Grugan, Esq. and Christopher Fanaselle, Esq. for Defendants. Pretrial deadlines are established and a Uniform Pretrial Scheduling Order to be issued. This case is opted out of Mandatory Mediation. (tab)
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Filing 44
CIVIL CASE MANAGEMENT PLAN [PROPOSED] by Jeffrey Chery. (Kuehn, Justin)
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Filing 43
ANSWER to #19 Amended Complaint with Affirmative Defenses by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC.(Fanaselle, Daniel)
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Filing 42
NOTICE of Appearance by Daniel Christopher Fanaselle on behalf of Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC (Fanaselle, Daniel)
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Filing 41
TEXT ORDER granting the #39 Letter requesting permission to withdraw Eleanor Bradley Huyett as Attorney for Defendants. So Ordered by Judge David N. Hurd on 4/5/2019. (see)
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Filing 40
COURT NOTICE of Conference: The Initial Conference has been set for Friday, 5/10/2019 @ 10:00 AM before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/3/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Parties are permitted to participate in this conference by telephone and are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
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Filing 39
Letter Motion for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Permission to Withdraw Eleanor Bradley Huyett as Attorney for Defendants. (Attachments: #1 Certificate of Service, #2 Proposed Order/Judgment)(Huyett, Eleanor)
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Filing 38
MEMORANDUM-DECISION and ORDER denying #20 Motion to Dismiss for Failure to State a Claim. ORDERED that 1. Defendants' motion to dismiss is DENIED; and 2. Defendants shall file and serve an answer to the complaint on or before April 12,2019. IT IS SO ORDERED. Signed by Judge David N. Hurd on 3/29/2019. (khr)
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***Answer due date updated for Access Funding 2015-1, LLC answer due 4/12/2019; Access Group, Inc. answer due 4/12/2019; Conduent Education Services, LLC answer due 4/12/2019. (khr)
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Filing 37
NOTICE by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC re #35 Notice (Other) re: Plaintiff's Third Notice of Supplemental Authority (Grugan, John)
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Filing 36
NOTICE of Appearance by John Grugan on behalf of Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC (Grugan, John)
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Filing 35
NOTICE by Jeffrey Chery re #28 Response in Opposition to Motion THIRD SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit(s))(Kuehn, Justin)
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Filing 34
NOTICE by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC re #20 MOTION to Dismiss for Failure to State a Claim Notice of Supplemental Authority (Attachments: #1 Exhibit(s) 1)(Huyett, Eleanor)
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Filing 33
NOTICE by Jeffrey Chery re #28 Response in Opposition to Motion SECOND SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit(s))(Kuehn, Justin)
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Filing 32
NOTICE by Jeffrey Chery re #28 Response in Opposition to Motion SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit(s))(Kuehn, Justin)
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Filing 31
REPLY to Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Certificate of Service)(Huyett, Eleanor)
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Filing 30
TEXT ORDER: pursuant to the plaintiff's letter motion (ECF No. 29) and per the verbal order of the Honorable David N. Hurd, defendants' motion to dismiss the amended complaint (ECF No. 20) will be taken on submit only. No personal appearances are required on June 22, 2018. So Ordered by Judge David N. Hurd on 6/19/2018. (see)
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Filing 29
Letter Motion from Justin Kuehn for Jeffrey Chery requesting adjournment submitted to Judge Hurd . (Kuehn, Justin)
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Filing 28
RESPONSE in Opposition re #20 MOTION to Dismiss for Failure to State a Claim filed by Jeffrey Chery. (Kuehn, Justin)
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Filing 27
TEXT ORDER granting #26 Letter Requesting extension of briefing schedule as to the #20 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 6/5/2018. Reply to Response to Motion due by 6/19/2018. The Motion Hearing date shall remain 6/22/2018 at 10:00 AM in Utica, NY before Judge David N. Hurd. So Ordered by Judge David N. Hurd on 5/21/2018. (see)
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Filing 26
Consent (second) Letter Motion from Justin Kuehn for Jeffrey Chery requesting extension of briefing schedule submitted to Judge Hurd . (Kuehn, Justin)
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Filing 25
TEXT ORDER granting #24 Letter Request, #24 Consent Letter Motion from Justin Kuehn for Jeffrey Chery requesting extension of briefing schedule submitted to Judge Hurd : Motion Hearing is now set for 6/22/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 5/22/2018 Reply to Response to Motion due by 6/5/2018. Pursuant to the Oral Order of Judge David N. Hurd on 04/27/2018. (hmr)
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Filing 24
Consent Letter Motion from Justin Kuehn for Jeffrey Chery requesting extension of briefing schedule submitted to Judge Hurd . (Kuehn, Justin)
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Filing 23
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Conduent Education Services, LLC identifying Corporate Parent Conduent Business Services, LLC, Corporate Parent Conduent Incorporated for Conduent Education Services, LLC.. (Huyett, Eleanor)
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Filing 22
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Access Funding 2015-1, LLC. (Huyett, Eleanor)
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Filing 21
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Access Group, Inc.. (Huyett, Eleanor)
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Filing 20
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/25/2018 10:00 AM in Albany before Judge David N. Hurd Response to Motion due by 5/8/2018 Reply to Response to Motion due by 5/14/2018. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment, #3 Certificate of Service) (Huyett, Eleanor)
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***Answer due date updated for Access Funding 2015-1, LLC answer due 4/24/2018; Access Group, Inc. answer due 4/24/2018; Conduent Education Services, LLC answer due 4/24/2018. (khr)
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Filing 19
AMENDED COMPLAINT against All Defendants filed by Jeffrey Chery. (Attachments: #1 Exhibit(s) A)(Kuehn, Justin)
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Filing 18
TEXT ORDER granting #17 Letter Request for leave to file Amended Complaint on or before April 10, 2018. [Amended Pleadings due by 4/10/2018]. Authorized by Magistrate Judge Christian F. Hummel on 3/20/2018. (tab)
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Filing 17
Consent Letter Motion from Justin Kuehn for Jeffrey Chery requesting leave to file Amended Complaint on or before April 10, 2018 submitted to Judge Hurd . (Kuehn, Justin)
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Filing 16
TEXT NOTICE: The Rule 16 Initial Conference scheduled for April 23, 2018 at 10:00 am before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab)
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Filing 15
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/13/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 3/27/2018 Reply to Response to Motion due by 4/2/2018. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment, #3 Certificate of Service) (Huyett, Eleanor)
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Filing 14
ORDER granting #10 Motion for Limited Admission Pro Hac Vice for John C. Grugan, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 3/7/2018. (tab)
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Filing 13
Supplemental Admission documents re: #10 Motion for Limited Admission Pro Hac Vice,. (Seidlin-Bernstein, Elizabeth)
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Filing 12
ORDER granting #11 Motion for Limited Admission Pro Hac Vice for Eleanor Bradley Huyett. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Christian F. Hummel on 3/6/2018. (tab)
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Notice of Filing Deficiency re: #10 Motion for Limited Admission Pro Hac Vice,. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Attorney Registration Form (current form missing e-mail address and case number); The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
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Filing 11
MOTION for Limited Admission Pro Hac Vice of Eleanor Bradley Huyett Filing fee $100, receipt number ANYNDC-4310850. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. Motions referred to Christian F. Hummel. (Seidlin-Bernstein, Elizabeth)
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Filing 10
MOTION for Limited Admission Pro Hac Vice of John C. Grugan Filing fee $100, receipt number ANYNDC-4310849. filed by Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC. Motions referred to Christian F. Hummel. (Seidlin-Bernstein, Elizabeth)
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Filing 9
ORDER granting #8 Letter Request, Access Funding 2015-1, LLC answer due 3/8/2018; Access Group, Inc. answer due 3/8/2018; Conduent Education Services, LLC answer due 3/8/2018. Signed by Magistrate Judge Christian F. Hummel on 2/14/2018. (tab)
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Filing 8
Consent Letter Motion from Elizabeth Seidlin-Bernstein for Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC requesting Extenstion of Time for All Defendants to Answer or Otherwise Respond submitted to Judge David N. Hurd . (Attachments: #1 Proposed Order)(Seidlin-Bernstein, Elizabeth)
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Filing 7
NOTICE of Appearance by Elizabeth Seidlin-Bernstein on behalf of Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC (Seidlin-Bernstein, Elizabeth)
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Filing 6
AFFIDAVIT of Service for Summons, Complaint with Jury Demand, Civil Cover Sheet, and Notice of Filing Order served on Conduent Education Services, LLC f/k/a ACS on January 24th, 2018, filed by Jeffrey Chery. (Eagel, Lawrence)
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Filing 5
AFFIDAVIT of Service for Summons, Complaint with Jury Demand, Civil Cover Sheet, and Notice of Filing Order served on Access Group, Inc. on January 25th, 2018, filed by Jeffrey Chery. (Eagel, Lawrence)
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Filing 4
AFFIDAVIT of Service for Summons, Complaint with Jury Demand, Civil Cover Sheet, and Notice of Filing Order served on Access Funding 2015-1 on January 24th, 2018, filed by Jeffrey Chery. (Eagel, Lawrence)
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***Answer due date updated for Access Funding 2015-1, LLC answer due 2/14/2018; Conduent Education Services, LLC answer due 2/14/2018. (khr)
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***Answer due date updated for Access Group, Inc. answer due 2/15/2018. (khr)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/23/2018 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/16/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
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Filing 2
Summons Issued as to Conduent Education Services, LLC. (Attachments: #1 Summons issued to Access Group, Inc., #2 Summons issued to Access Funding 2015-1, LLC)(khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Access Funding 2015-1, LLC, Access Group, Inc., Conduent Education Services, LLC (Filing fee $400 receipt number ANYNDC-4257580)filed by Jeffrey Chery. (Attachments: #1 Civil Cover Sheet)(khr)
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