HICA Education Loan Corporation v. James T Brunson

Filing 6

ORDER TO SHOW CAUSE by Judge Christina A. Snyder: Complaint states "the claims are founded upon one or more promissory notes executed pursuant to 42 U.S.C. § 292 et seq. and the Federal Regulations set forth in 42 CFR Part 60..." Compl . 3. These federal laws and regulations on which HICA relies do not appear to create a private right of action for the collection of unpaid student loans. Court ORDERS plaintiffs to SHOW CAUSE within 20 days of the date of this order (by 11/3/2011) why the instant action should not be remanded for lack of subject matter jurisdiction. (kpa)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-07119 CAS (PLAx)

Title

HICA EDUCATION LOAN CORPORATION v. JAMES T. BRUNSON

Present: The Honorable

Date

October 14, 2011

CHRISTINA A. SNYDER
N/A
Court Reporter / Recorder

Deputy Clerk

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

(In Chambers:) ORDER TO SHOW CAUSE FOR FEDERAL
JURISDICTION

On August 29, 2011, plaintiff HICA Education Loan Corporation (“HICA”) filed
its complaint against defendant James T. Brunson (“Brunson”). The complaint alleges
that HICA is the owner of a promissory note signed by Brunson pursuant to the Health
Education Assistance Loan (“HEAL”) Program. According to the complaint, Brunson
failed to make all of the required loan payments. HICA seeks repayment of the loan
amount, interest, attorney’s fees and costs.
The complaint alleges this Court has subject matter jurisdiction to hear this matter
under federal question jurisdiction. Specifically, the complaint states “the claims are
founded upon one or more promissory notes executed pursuant to 42 U.S.C. § 292 et seq.
and the Federal Regulations set forth in 42 CFR Part 60 . . .” Compl. ¶ 3. These federal
laws and regulations on which HICA relies do not appear to create a private right of
action for the collection of unpaid student loans.
Accordingly, the Court ORDERS plaintiffs to SHOW CAUSE within twenty (20)
days of the date of this order why the instant action should not be remanded for lack of
subject matter jurisdiction.
IT IS SO ORDERED.
00
Initials of
Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

RS
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-07119 CAS (PLAx)

Title

HICA EDUCATION LOAN CORPORATION v. JAMES T. BRUNSON

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Date

October 14, 2011

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