Michelo et al v. National Collegiate Student Loan Trust 2007-2 et al
Plaintiff: Mutinta Michelo, Katherine Seaman and Mary Re Seaman
Defendant: National Collegiate Student Loan Trust 2007-2, National Collegiate Student Loan Trust 2007-3, Transworld Systems, Inc., EGS Financial Care Inc. and Forster & Garbus LLP
Case Number: 1:2018cv01781
Filed: February 27, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul G. Gardephe
Nature of Suit: Consumer Credit
Cause of Action: 15:1692
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 12, 2021 Opinion or Order Filing 275 ORDER: The Court will conduct oral argument on both motions (Dkt. Nos. 196, 199) on April 19, 2021, at 11:00 a.m. The argument will be conducted remotely via Microsoft Teams. Chambers will email the required videoconferencing link to the parties. A p ublicly accessible audio line is available to nonparties, including members of the public and the press, by dialing (917) 933-2166 and entering the code 523692909#. Nonparties must observe the same decorum as would be expected at an in-person argument, and must mute their telephone lines throughout the proceeding. SO ORDERED., ( Oral Argument set for 4/19/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/12/2021) (ama)
March 5, 2021 Opinion or Order Filing 261 ORDER IMPOSING DISCOVERY SANCTIONS AND DENYING STAY APPLICATION: TSI's last-minute application for a stay of this Court's October 23 and December 30 Orders is DENIED. It is hereby ORDERED that TSI shall producethe CFPB documents within the next ten days, no later than March 15, 2021. Should it fail to do so, monetary sanctions will be assessed pursuant to Fed. R. Civ. P. 37(b)(2)(A) beginning on March 16, 2021, at the rate of $2,000 per day, payable to the Clerk of Court. It i s further ORDERED that the deadline for completing deposition discovery (with the possible exception of the Affiant X deposition, which will be the subject of a separate motion, see Dkt. No. 259) is EXTENDED to April 19, 2021. All relief not expres sly granted herein is DENIED. The foregoing constitutes a written order stating the decision of the Court pursuant to Fed. R. Civ. P. 72(a). (As further set forth in this Order.) ( Deposition due by 4/19/2021.) (Signed by Magistrate Judge Barbara C. Moses on 3/5/2021) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (cf) Modified on 3/5/2021 (cf).
February 16, 2021 Opinion or Order Filing 254 ORDER terminating (200) Motion to Seal; terminating (220) Motion to Seal; terminating (223) Motion to Seal in case 1:18-cv-01781-PGG-BCM; terminating (137) Motion to Seal; terminating (151) Motion to Seal; terminating (154) Motion to Seal in case 1:18-cv-07692-PGG-BCM. Here, Judge Moses properly concluded that the discovery sought is relevant to the issues in this case. As discussed above, the Employee personally signed what is alleged to be a fraudulent affidavit. This alleged con duct is central to the claims in this case. Moreover, Movants have not demonstrated that the Employee's testimony would be cumulative or duplicative, given the Employee's personal involvement in the preparation of what is alleged to be a fraudulent affidavit. See In re Garlock, 463 F. Supp. 2d 478, 481 (S.D.N.Y. 2006) ("An order barring a litigant from taking a deposition is most extraordinary relief. It is the party seeking such an order that bears the burden of prov ing that the proposed deponent has nothing to contribute." (citation omitted)). Movants have likewise not shown that a deposition given the accommodations prescribed by Judge Moses threatens the Employee's health. The conclusory state ments made by the Employee's physician are not sufficient to justify additional accommodations. See Qube Films Ltd. v. Padell, No. 13-CV-8405 AJN, 2015 WL 109628, at *2 (S.D.N.Y. Jan. 5, 2015). As Judge Moses concludes, Movants have demo nstrated merely that "harm to [the Employee] from a deposition is of potential concern"; they have not shown that this concern "rise[s] to the level of a clearly defined and serious injury." Id. In sum, Movants have not m et their heavy burden to demonstrate that Judge Moses's ruling was clearly erroneous or contrary to law. Their objections (Dkt. No. 201) will therefore be overruled. As further set forth in this Order. Given these circumstances, the parties are directed to redact the Employee's name and any other identifying information from the publicly filed copies of Movants' objections (Dkt. No. 201) and reply brief (Dkt. No. 224), and from Plaintiffs' opposition brief (Dkt. No. 2 21). See United States v. King, No. 10 Cr. 122 (JGK), 2012 WL 2196674, at *3 (S.D.N.Y. June 15, 2012) (redacting submissions that included medical information of third parties). The Clerk of Court is directed to terminate Dkt. Nos. 200, 220, and 223. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 2/15/2021) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (ks)
October 23, 2020 Opinion or Order Filing 241 ORDER denying (227) Motion for Protective Order. in case 1:18-cv-01781-PGG BCM; denying (158) Motion for Protective Order. in case 1:18-cv-07692-PGG-BCM. Since TSI has not shown that it is entitled to a protective order, it must produce all docu ments responsive to Request No. 19 (including the privilege log or logs that it produced as to documents withheld from the Bureau on privilege grounds) no later than November 6, 2020. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 227 in Case No. 18-CV-1781 and Dkt. No. 158 in Case No. 18-CV-7692. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/23/2020) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (kv)
August 6, 2020 Opinion or Order Filing 204 ORDER: The Court held a telephonic discovery conference in these actions on August 4, 2020. Prior to the conference, the Court received and reviewed the parties' joint letter, dated July 28, 2020 (Joint Ltr.) (Dkt. No. 198 in Case No. 18-cv-1781 ; Dkt. No. 135 in Case No. 18-cv-7692) outlining several discovery disputes among the parties. For the reasons stated on the record during the August 4 conference, it is hereby ORDERED that: CFPB Documents. Plaintiffs and defendant TSI shall meet and confer promptly in an effort to resolve or narrow their remaining disputes concerning plaintiffs' Document Request No. 19, which seeks all documents that TSI produced to the CFPB in connection with the CFPB investigation and legal action specif ied in the request. If the parties are unable to resolve their remaining disputes, TSI shall file its motion for a protective order no later than August 18, 2020. Plaintiffs shall file their opposition papers no later than September1, 2020, and TSI s hall file its optional reply papers no later than September 8, 2020. No later than August 28, 2020, TSI shall either produce the missing checklists or state under oath that it cannot produce them and explain why not. On a rolling basis, but no later than August 28, 2020, TSI shall produce all remaining emails concerning the manual and checklists referenced in theJanuary 6, 2020 affidavit of James Cummins. Plaintiff Bifulco shall promptly amend her response to Interrogatory No. 7 to state whethe r she (or counsel on her behalf) communicated with potential putative class members and the number of individuals with whom such communications occurred. In accordance with this Court's prior rulings, plaintiffs need not identify each such individual. And as set forth herein. SO ORDERED., ( Motions due by 8/18/2020., Responses due by 9/1/2020, Replies due by 9/8/2020.) (Signed by Magistrate Judge Barbara C. Moses on 8/06/2020) (ama)
July 17, 2020 Opinion or Order Filing 195 MEMORANDUM AND ORDER: granting in part (171) Letter Motion to Seal; granting in part (183) Letter Motion to Seal in case 1:18-cv-01781-PGG-BCM; granting in part (123) Letter Motion to Seal in case 1:18-cv-07692-PGG-BCM. For the reasons set forth above, the motion of TSI and the Employee to quash the Employee's deposition subpoena or for a protective order is DENIED except to the extent set forth above. Their letter- applications to seal the motion papers are GRANTED to the extent that the unredacted papers shall remain under seal. The parties are directed to promptly file redacted versions of the same papers on the public docket after removing the names and other personally- identifying informat ion of the Employee and the Plaintiff. This Memorandum and Order disposes of the motions at Dkt. Nos. 171, 172, and 183 in Case No. 18-CV-1781 and Dkt. No. 123 in Case No. 18-CV-7692. (Signed by Magistrate Judge Barbara C. Moses on 7/17/2020) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (js) Modified on 7/17/2020 (js).
June 24, 2020 Opinion or Order Filing 189 ORDER: Fact and class discovery shall be completed no later than November 1, 2020. Plaintiffs shall file their class certification motion no later than December 2,2020. Defendants shall file their opposition papers no later than February 1, 2021 . Plaintiffs shall file their reply papers no later than March 15, 2021. Judge Moses will conduct a further telephonic discovery conference on August 4, 2020, at 10:00 a.m. At that time, the parties shall dial in to the following teleconference: ca ll-in number: (888) 557-8511; access code: 7746387. (As further set forth in this Order.) (Discovery due by 11/1/2020., Fact Discovery due by 11/1/2020., Motions due by 12/2/2020., Responses due by 2/1/2021, Replies due by 3/15/2021., Telephone Conference set for 8/4/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/24/2020) (cf) Modified on 6/24/2020 (cf). Modified on 6/24/2020 (cf). Modified on 6/24/2020 (cf).
May 27, 2020 Opinion or Order Filing 176 ORDER granting 172 Motion to Quash. Application GRANTED. Plaintiffs shall file their opposition to TSI's motion to quash no later than June 8, 2020. (Signed by Magistrate Judge Barbara C. Moses on 5/27/2020) (cf)
May 18, 2020 Opinion or Order Filing 168 ORDER granting (155) Letter Motion to Seal in case 1:18-cv-01781-PGG-BCM; granting (98) Letter Motion to Seal in case 1:18-cv-07692-PGG-BCM. Application GRANTED. Dkt. Nos. 156, 157, 158, 159, 160, 161, 162, 163, 164, and 165 shall remain under seal. (Signed by Magistrate Judge Barbara C. Moses on 5/18/2020) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (mro)
May 15, 2020 Opinion or Order Filing 167 ORDER terminating (146) Letter Motion for Local Rule 37.2 Conference in case 1:18-cv-01781-PGG-BCM; terminating (89) Letter Motion for Local Rule 37.2 Conference in case 1:18-cv-07692-PGG-BCM. Judge Moses will conduct a further telephonic discove ry conference on June 18, 2020, at 10:30 a.m. At that time, the parties shall dial in to the following teleconference: call in number: 888-557-8511; access code: 7746387. The Clerk of Court is respectfully directed to terminate the letter-motions at Dkt. Nos. 140 and 146 in Case No. 18-CV-1781, and Dkt. Nos. 83 and 89 in Case No. 18-CV-7692. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/15/2020) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (cf)
May 4, 2020 Opinion or Order Filing 147 ORDER: Oppositions and replies to plaintiffs' letter-motion shall be filed in accordance with the Court's Individual Practices. See Moses Indiv. Prac. §§ 1(b)-(d), 2(e); Moses Emergency Indiv. Prac. §§ 1(a), (d). The parties should be prepared to address the discovery disputes raised in plaintiffs' May 1 letter-motion during the telephonic conference previously scheduled for May 12, 2020, at 11:00 a.m. (see Dkt. No. 145 in Case No. 18-CV-1781; Dkt. No. 88 in Case No. 18-CV-7692) to consider the Trust Defendants' pending letter-motion to compel discovery from plaintiff (Dkt. No. 140 in Case No. 18-CV-1781; Dkt. No. 83 in Case No. 18-CV-7692). It is the Court's intention to decide the disp utes raised in both letter-motions at the May 12 conference, based on the parties' letters and on any argument presented during the conference, unless a party shows good cause why more formal briefing should be required. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/4/2020) Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG-BCM (cf)
April 30, 2020 Opinion or Order Filing 145 ORDER. The Trust Defendants' request for a conference is GRANTED. It is hereby ORDERED that the parties shall appear for a telephonic discovery conference before Judge Moses on May 12, 2020, at 11:00 a.m. At that time, the parties shall call int o the below teleconference: Call in number: 888-557-8511. Access Code: 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) u ntil your case is called. For other teleconferencing guidelines, the parties should review § 2 of Judge Moses's Emergency Practices. It is further ORDERED that, no later than May 7, 2020: (a) The Trust Defendants shall file a supplemental l etter attaching (without additional argument) copies of the discovery request(s) and response(s) now in contention, and as further specified and set forth in this Order. So ordered. (Telephone Conference set for 5/12/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/30/2020). Filed In Associated Cases: 1:18-cv-01781-PGG-BCM, 1:18-cv-07692-PGG BCM (rjm)
March 30, 2020 Opinion or Order Filing 139 ORDER: It is hereby ORDERED that the conference in the above-captioned actions currently scheduled for April 23, 2020 is adjourned until June 4, 2020 at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Status Conference set for 6/4/2020 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/30/2020) (jca)
February 24, 2020 Opinion or Order Filing 134 STIPULATION AND ORDER REGARDING CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul G. Gardephe on 2/21/2020) Filed In Associated Cases: 1:18-cv-01781-PGG, 1:18-cv-07692-PGG (jca)
February 12, 2020 Opinion or Order Filing 133 ORDER: It is hereby ORDERED that the conference in the above-captioned actions currently scheduled for February 13, 2020 is adjourned until April 23, 2020 at 12:30 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Status Conference set for 4/23/2020 at 12:30 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 2/12/2020) Filed In Associated Cases: 1:18-cv-01781-PGG, 1:18-cv-07692-PGG (jca)
December 3, 2019 Opinion or Order Filing 122 ORDER, Given that this Court ordered these actions consolidated in November 2018, and that the operative complaints are functionally identical, (see Oct. 29, 2019 Pltf. Ltr. (Michelo Dkt. No. 115; Bifulco Dkt. No. 65) at 1), it is appropriate for this action to proceed on the basis of a Consolidated Complaint. The Consolidated Complaint is to be filed by December 10, 2019. The Answer to the Consolidated Complaint is due by December 20, 2019. So Ordered. (Amended Pleadings due by 12/10/2019.) (Signed by Judge Paul G. Gardephe on 12/3/19) Filed In Associated Cases: 1:18-cv-01781-PGG, 1:18-cv-07692-PGG(yv)
October 11, 2019 Opinion or Order Filing 109 MEMORANDUM OPINION & ORDER: It was for the reasons stated above that this Court issued its September 30, 2019 Order granting in part and denying in part Defendants' motion to dismiss. Defendants' motion to dismiss was granted as to (1) Plaintiff Michelo's FDCPA claim and Michelo's Section 487 claim; (2) the Seaman Plaintiff's FDCPA claim, to the extent it relies on the misrepresentation that National Collegiate is the "original creditor" for the Seamans' loan; (3) Katherine Seaman's GBL Section 349 claim; and (4) Francis Butry's GBL Section 349 claim. Defendants' motions to dismiss were otherwise denied. (Signed by Judge Paul G. Gardephe on 10/11/2019) Filed In Associated Cases: 1:18-cv-01781-PGG, 1:18-cv-07692-PGG(mro)
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Search for this case: Michelo et al v. National Collegiate Student Loan Trust 2007-2 et al
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Plaintiff: Mutinta Michelo
Represented By: Gregory Alan Frank
Represented By: Marvin Lawrence Frank
Represented By: Asher Hawkins
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Plaintiff: Katherine Seaman
Represented By: Gregory Alan Frank
Represented By: Marvin Lawrence Frank
Represented By: Asher Hawkins
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Plaintiff: Mary Re Seaman
Represented By: Gregory Alan Frank
Represented By: Marvin Lawrence Frank
Represented By: Asher Hawkins
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Defendant: National Collegiate Student Loan Trust 2007-2
Represented By: Gregory Thomas Casamento
Represented By: R. James Jude De Rose, III
Represented By: James Matthew Goodin
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Defendant: National Collegiate Student Loan Trust 2007-3
Represented By: Gregory Thomas Casamento
Represented By: R. James Jude De Rose, III
Represented By: James Matthew Goodin
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Defendant: Transworld Systems, Inc.
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Defendant: EGS Financial Care Inc.
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Defendant: Forster & Garbus LLP
Represented By: Amanda Rae Griner
Represented By: Carol A. Lastorino
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