McCullough et al v. Navient, Department of Education Loan Servicing
Plaintiff: ROSEMARY MCCULLOUGH, SHANNON MCCULLOUGH and CASEY MCCULLOUGH
Defendant: NAVIENT, DEPARTMENT OF EDUCATION LOAN SERVICING
Case Number: 6:2021cv06541
Filed: August 19, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2021 Opinion or Order Filing 7 STIPULATION AND ORDER DISMISSING CASE. Signed by Hon. Frank P. Geraci, Jr. on 10/4/2021. (TF)
October 5, 2021 Filing 6 STIPULATION of Dismissal /Stipulation of Discontinuance by Navient, Department of Education Loan Servicing. (Aiello, Jacqueline)
September 3, 2021 Filing 5 Corporate Disclosure Statement by Navient, Department of Education Loan Servicing identifying Corporate Parent Navient Corporation for Navient, Department of Education Loan Servicing.. (Attachments: #1 Certificate of Service)(Aiello, Jacqueline)
August 31, 2021 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
August 27, 2021 Filing 4 TEXT ORDER: TEXT ORDER: On 8/26/2021, Defendant filed a motion to dismiss. ECF No. #3 . Plaintiff's response is due on or before 9/17/2021. Defendant may reply on or before 9/24/2021. The Court will review the submissions and determine if oral argument is necessary and, if so, the Court will notify the parties of the date and time of such argument. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/27/2021. (BJJ)
August 26, 2021 Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Navient, Department of Education Loan Servicing. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit A - Loan Application and Promissory Note for 2015 Consolidation Loan, #4 Exhibit B - Application and Promissory Note for August 20, 2011 Federal Direct PLUS Loan, #5 Exhibit C - Application and Promissory Note for July 2, 2014 Federal Direct PLUS Loan, #6 Exhibit D - Application and Promissory Note for May 29, 2003 Consolidation Loan, #7 Certificate of Service)(Aiello, Jacqueline)
August 20, 2021 Filing 2 CONTINUATION OF EXHIBITS to E-Filing Notification, #1 Notice of Removal, Index of State Court Records. (Aiello, Jacqueline)
August 20, 2021 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
August 20, 2021 Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (TMK)
August 20, 2021 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
August 19, 2021 Filing 1 NOTICE OF REMOVAL by NAVIENT, DEPARTMENT OF EDUCATION LOAN SERVICING (Navient Solutions, LLC) from Seneca County Supreme Court, case number 20210319. (Filing fee $ 402 receipt number 0209-4336960), filed by NAVIENT, DEPARTMENT OF EDUCATION LOAN SERVICING. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Documents, #3 Exhibit B - State Court Docket, #4 Certificate of Service)(Aiello, Jacqueline)
August 19, 2021 E-Filing Notification: re #1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK)

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Plaintiff: ROSEMARY MCCULLOUGH
Represented By: Carl Jacob Schwartz, Jr.
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Plaintiff: SHANNON MCCULLOUGH
Represented By: Carl Jacob Schwartz, Jr.
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Plaintiff: CASEY MCCULLOUGH
Represented By: Carl Jacob Schwartz, Jr.
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Defendant: NAVIENT, DEPARTMENT OF EDUCATION LOAN SERVICING
Represented By: Jacqueline M Aiello
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