Chery v. Conduent Education Services, LLC et al
| Jeffrey Chery |
| Conduent Education Services, LLC, Access Group, Inc. and Access Funding 2015-1, LLC |
| 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. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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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
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 judg ment 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
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
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 requir e 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 privi lege, 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
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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