Colon et al v. DeVos et al
| Yvette Colon and Tina Carr |
| Elisabeth DeVos and Navient Corporation |
| 1:2017cv08790 |
| November 12, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
85
OPINION AND ORDER re: 59 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. filed by Elisabeth DeVos. For the reasons above, Defendant Elizabeth DeVos's motion to dismiss is GRANTED. Plaintiffs claims against the Secretary are dismissed, and the Clerk of Court is directed to terminate her as a Defendant in this case. As this dismisses the sole count of Plaintiff Carr, the Clerk of Court is directed to terminate her from the case as well. Count Th ree was stayed in favor of arbitration by stipulation between the parties. (Dkt. #79). Plaintiff Colon and the remaining Defendants are hereby ORDERED to provide a joint letter to the Court on or before March 22, 2019, stating how they intend to proc eed regarding Count Two of the Amended Complaint. The Clerk of Court is directed to terminate the motion at docket entry 59. SO ORDERED. (Tina Carr and Elisabeth DeVos (in her official capacity as Secretary of the U.S. Department of Education) terminated.) (Signed by Judge Katherine Polk Failla on 2/25/2019) (rro)
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