Kilgore et al v. Keybank, National Association et al

Filing 116

ORDER dismissing defendants AES and SLX only without prejudice. American Education Services and Student Loan Xpress terminated. Signed by Judge Thelton E. Henderson on 10/27/09. (rbe, COURT STAFF) (Filed on 10/27/2009)

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Andrew A. August (SBN 112851) [e-mail] Kevin Rooney (SBN 184096) [e-mail] PINNACLE LAW GROUP, LLP 425 California Street, Suite 1800 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Matthew C. Kilgore, William Bruce Fuller and Kevin Wilhelmy UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MATTHEW C. KILGORE, individually and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, individually and on behalf of all others similarly situated; KEVIN WILHELMY, individually and on behalf of all others similarly situated, Plaintiffs, v. KEYBANK NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America and successor in interest to KEYBANK USA, N.A.; KEY EDUCATION RESOURCES, a division of KEYBANK, NATIONAL ASSOCIATION; GREAT LAKES EDUCATIONAL LOAN SERVICES, INC., a Wisconsin corporation; STUDENT LOAN XPRESS, INC. a Delaware corporation; AMERICAN EDUCATION SERVICES, form of entity unknown; DOES 1-25, Defendants.

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Case No. C08-02958 TEH DISMISSAL WITHOUT PREJUDICE OF DEFENDANTS STUDENT LOAN XPRESS, INC. AND AMERICAN EDUCATION SERVICES ONLY

DISMISSAL WITHOUT PREJUDICE OF DEFENDANTS STUDENT LOAN XPRESS AND AMERICAN EDUCATION SERVICES ONLY CASE NO. C08-02958 TEH

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Plaintiffs Matthew C. Kilgore, William Bruce Fuller and Kevin Wilhelmy hereby dismiss without prejudice only defendants Student Loan Xpress, Inc. and American Education Services. No responsive pleading has been filed to the Second Amended Complaint, and therefore both defendants may be dismissed without stipulation or order. See F. Rule Civ. Proc. 41(a)(1)(A). Dated: October 23, 2009 Respectfully submitted, PINNACLE LAW GROUP LLP

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DISMISSAL WITHOUT PREJUDICE OF DEFENDANTS STUDENT LOAN XPRESS AND AMERICAN EDUCATION SERVICES ONLY CASE NO. C08-02958 TEH
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By: /s/ Kevin F. Rooney______________ Kevin F. Rooney Attorneys for Plaintiffs

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