USA v. McFerran

Filing 31

ORDER that pla and dft shall file supplemental briefing, not exceeding 5 pages, on whether Espinoza and its approved Ninth Circuit precedent mandate that this Court find dft's student loan obligations to pla were discharged in dft's bankrup tcy proceedings and that pla's garnishment proceedings herein be dismissed with prejudice. The parties' supplemental briefing shall be filed on or before Friday, 10/17/08. (See document for full details). Signed by Magistrate Judge Lawrence O Anderson on 10/3/2008. (LAD)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, vs. Ted G. McFerran, Defendant. Plaintiff, ) ) ) ) ) ) ) ) ) ) CV-01-0317-PHX-LOA ORDER

Having reviewed Espinoza v. United Student Aid Funds, Inc. (In re Espinoza), ___ F.3d ___, 2008 WL 4426634 (9th Cir. filed Oct. 3, 2008) and on the Court's own motion, IT IS ORDERED that Plaintiff and Defendant shall file supplemental briefing, not exceeding five pages, on whether Espinoza and its approved Ninth Circuit precedent mandate that this Court find that Defendant's student loan obligations to Plaintiff were discharged in Defendant's bankruptcy proceedings and that Plaintiff's garnishment proceedings herein be dismissed with prejudice. Each party shall explain its legal position on these issues and provide supportive legal authorities. The parties' supplemental briefing shall be filed on or before Friday, October 17, 2008. Responses or replies to the supplemental briefing are not permitted. DATED this 3rd day of October, 2008.