Salvatore v. Pennsylvania Higher Education Assistance Agency
| Danielle Salvatore |
| PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, PHEAA and FEDLOAN SERVICING |
| 2:2018cv02585 |
| June 19, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| C DARNELL JONES |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 39 Case transferred in from District of Pennsylvania Middle; Case Number 1:17-cv-00385. Original file certified copy of transfer order and docket sheet received. |
Filing 38
ORDER TRANSFERRING CASE. Certified Copy of Conditional Transfer Order from the Judicial Panel - MDL No. 2833. (dmn) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 37 STATUS REPORT Updating Court on Order of the Judicial Panel on Multidistrict Litigation Transferring Cases to the Eastern District of Pennsylvania by Danielle Salvatore. (Attachments: #1 Unpublished Opinion(s) Order of the Judicial Panel on Multidistrict Litigation)(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 36
ORDER - IT IS ORDERED THAT the above-captioned action is STAYED pending a decision from the Judicial Panel on Multidistrict Litigation as to whether this case should be transferred to the United States District Court for the Eastern District of Pennsylvania for consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. See MDL No. 2833. IT IS FURTHER ORDERED THAT the parties shall submit a joint status report within ten (10) days of the date the Judicial Panel renders a decision on consolidation. Signed by Honorable Yvette Kane on 3/22/18. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 35 RESPONSE by Pennsylvania Higher Education Assistance Agency to Rule to Show Cause. (Attachments: #1 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 34 RESPONSE by Danielle Salvatore to #33 Order to Show Cause,, Suggesting a Stay of Proceedings is Appropriate. (Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 33
ORDER TO SHOW CAUSE - IT IS ORDERED THAT the parties are directed to show cause, within seven (7) days of the date of this Order, why the above-captioned action should not be stayed pending a decision from the Judicial Panel on Multidistrict Litigation as to whether this case should be transferred to the United States District Court for the Eastern District of Pennsylvania for consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. See MDL No. 2833. Signed by Honorable Yvette Kane on 3/12/18. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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Filing 30
SCHEDULING ORDER: A Settlement Conference is set for 1/18/2018 at 1:00 PM in Harrisburg before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on December 13, 2017. (kjn) [Transferred from Pennsylvania Middle on 6/20/2018.]
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Filing 29
ORDER REFERRING CASE - IT IS ORDERED THAT the above-captioned action is REFERRED to Magistrate Judge Carlson for mediation. Consideration of Defendants motion #15 to dismiss, Plaintiffs first amended complaint #12 , is deferred pending the outcome of mediation proceedings. IT IS FURTHER ORDERED THAT a telephone conference is scheduled for February 2, 2018, at 10:30 a.m. Plaintiffs counsel shall initiate the call. Signed by Honorable Yvette Kane on 12/8/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 27 CASE MANAGEMENT PLAN by Danielle Salvatore. (Attachments: #1 Proposed Stipulated Order Proposed Stipulated Protective Order)(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 26
ORDER - IT IS ORDERED that the Consent Motion #25 to Continue Rule 16 Conference is GRANTED. The case management conference scheduled for November 17, 2017, at 10:30 a.m., is CONTINUED to December 1, 2017, at 10:30 a.m. IT IS FURTHER ORDERED THAT the parties shall submit their joint case management plan on or before November 27, 2017. Signed by Honorable Yvette Kane on 10/19/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 25 Consent MOTION to Continue and/or Reschedule by Danielle Salvatore. (Attachments: #1 Proposed Order)(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 24
ORDER - IT IS HEREBY ORDERED THAT a Case Management Conference is set for 11/17/2017 at 10:30 AM before Honorable Yvette Kane. The court prefers to hold this conference by telephone. Plaintiffs counsel shall initiate this telephone conference. Counsel should be prepared to address any pending motions at the conference. Counsel are advised to comply with Rule 16.3(a) of the Rules of Court for the Middle District of Pennsylvania. Local Rule 16.3 requires lead counsel for each party to meet prior to the case management conference and complete a Joint Case Management Plan form. The completed form, which is set forth in Appendix A of the local rules, must be filed jointly by the parties on or before November 13, 2017. Signed by Honorable Yvette Kane on 9/27/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 23 REPLY BRIEF re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pennsylvania Higher Education Assistance Agency.(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 22 BRIEF IN OPPOSITION re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Danielle Salvatore. (Attachments: #1 Exhibit(s) A)(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 21
ORDER - upon consideration of Defendants unopposed motion #20 for an extension of time to file a reply brief to Plaintiffs brief in opposition to Defendants motion to dismiss, IT IS ORDERED THAT Defendants motion is GRANTED. Defendant may file its reply brief on or before August 11, 2017. Signed by Honorable Yvette Kane on 7/18/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 20 Unopposed MOTION for Extension of Time to File Brief filed by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Proposed Order, #2 certificate of service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 19
ORDER - upon consideration of Plaintiffs unopposed motion #18 for an extension of time and to exceed page limitations, IT IS ORDERED THAT Plaintiffs motion, is GRANTED. Plaintiff may file a brief in opposition to Defendants motion to dismiss that exceeds 15 pages, or 5,000 words, on or before July 21, 2017. Signed by Honorable Yvette Kane on 7/10/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 18 Unopposed MOTION for Extension of Time to File Brief in Opposition to Defendant's Motion to Dismiss and Motion for Leave to File Excess Pages by Danielle Salvatore. (Attachments: #1 Proposed Order)(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 17 BRIEF IN SUPPORT re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Unpublished Opinion(s), #2 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 16
ORDER - IT IS ORDERED THAT Defendants motion #10 to dismiss Plaintiffs original complaint is DENIED AS MOOT. Signed by Honorable Yvette Kane on 6/14/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Exhibit(s), #2 Certificate of Nonconcurrence, #3 Proposed Order, #4 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 14
ORDER - upon consideration of Defendants unopposed motion #13 for leave to file a brief in support of its forthcoming motion to dismiss that exceeds fifteen (15) pages, IT IS ORDERED THAT the motion is GRANTED. Signed by Honorable Yvette Kane on 6/8/17 (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 13 Unopposed MOTION to Exceed Page Limitation by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 12 AMENDED COMPLAINT against Pennsylvania Higher Education Assistance Agency, filed by Danielle Salvatore. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 11 BRIEF IN SUPPORT re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Unpublished Opinion(s), #2 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order, #6 Certificate of Nonconcurrence, #7 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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Filing 9
ORDER - upon consideration of Defendants unopposed motion #8 for leave to file a brief in support of its forthcoming motion to dismiss that exceeds fifteen (15) pages, IT IS ORDERED THAT the motion is GRANTED. Signed by Honorable Yvette Kane on 5/1/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.]
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| Filing 8 MOTION to Exceed Page Limitation by Pennsylvania Higher Education Assistance Agency. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Jarecki, James) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 7 LETTER addressed to counsel Re: Case Assignment and Procedures. Signed by Honorable Yvette Kane on 4/10/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 6 WAIVER OF SERVICE Returned by Danielle Salvatore. Pennsylvania Higher Education Assistance Agency waiver sent on 3/7/2017, answer due 5/8/2017. (Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 5 SPECIAL ADMISSIONS FORM APPROVED as to Brandon M. Wise, Esquire. Signed by Honorable Yvette Kane on 4/3/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 4 Letter addressed to counsel Re: Case Assignment and Procedures. Signed by Honorable Yvette Kane on 3/31/17. (rw) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 3 MOTION to Appear Pro Hac Vice - Attorney Brandon Wise is seeking special admission. Filing fee $ 50, receipt number 0314-4044111. by Danielle Salvatore.(Wise, Brandon) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| DOCKET ANNOTATION: Petitioner Brandon Wise and Associate Counsel Marion Munley - bar status verified. (dmn) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM mailed to Attorney Brandon Wise (lg) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 2 Summons Issued as to Pennsylvania Higher Education Assistance Agency and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ve) [Transferred from Pennsylvania Middle on 6/20/2018.] |
| Filing 1 COMPLAINT against Pennsylvania Higher Education Assistance Agency ( Filing fee $400, Receipt Number 0314-4018908) filed by Danielle Salvatore. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A)(ve) [Transferred from Pennsylvania Middle on 6/20/2018.] |
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