United States Of America v. Perry

Filing 11

ORDER Status Report due by 2/9/2012.. Signed by Judge Maria-Elena James on 12/30/2011. (cdnS, COURT STAFF) (Filed on 12/30/2011)

MICHAEL COSENTINO SBN 83253
ATTORNEY AT LAW
PO BOX 129
ALAMEDA, CA 94501
Telephone: [phone]
Fax:
[phone]
COUNSEL FOR THE UNITED STATES
OF AMERICA, PLAINTIFF

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

1

Case NO. C11-4075 MEJ

j
1
1
1
1

JOINT CASE MANAGEMENT
CONFERENCE STATEMENT

1

Plaintiff,
v.
THOMAS PERRY,

)
)
Defendant. )

Date: none set
Time:
Judge: Magistrate Judge
Maria-Elena James

-

The above entitled parties submit their Joint Case Management
Statement, with # 20 as the first matter, as follows.
20.

The parties conferred by telephone on or about December 7, 201 1.
Plaintiff filed its CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES

3n November 30,201 1; defendant filed his CONSENT TO MAGISTRATE JUDGE
=OR ALL PURPOSES concurrently herewith.
On November 25, 201 1, plaintiff's counsel submitted defendant's LOAN
IISCHARGE APPLICATION: UNPAID REFUND to the US Department of Education.
3ecause the evaluation of such applications can take six weeks or so, and because if
:he application is approved, the herein complaint can be dismissed, the parties request

that the court allow approximately six weeks for the parties to submit an updated CMC
statement.
1.

Jurisdiction and Service

Plaintiff is the United States of America; 28

U.S.C. § 1345. All parties have been served; there are no counterclaims.
2.

Facts

Plaintiff alleges that defendant received a disbursal on a

student loan promissory note in the amount of $1,313.00 on May 27, 1988; a balance
of $2,445.31 remains on the obligation.
Plaintiff further alleges that defendant received a disbursal on a second student
loan promissory note in the amount of $1,740.00 on May 27, 1988; a balance of
$4,052.84 remains on the obligation.
Defendant denies that he is obligated in any manner whatsoever for the 2
alleged student loans, and he has submitted a LOAN DISCHARGE APPLICATION:
UNPAID REFUND to the US Department of Education for evaluation.
3.

Leqal Issues

None; contract law applies.

4.

Motions

No motions are pending; a dispositive motion is anticipated

in the event the parties cannot resolve the case.
5.

Amendment of Pleadinqs

None anticipated.

6.

Evidence Preservation

None in issue.

7.

Disclosures

None required.

8.

Discoverv

None anticipated.

9.

Class Actions

Not applicable.

10.

Related Cases

None.

11.

Relief

Plaintiff seeks a money judgment based upon 2 student loan

promissory notes guaranteed by plaintiff.
12.

Settlement and ADR

No ADR is contemplated by either party.

13.

Consent to Maqistrate Judqe For All Purposes
consent.

14.

Other References

None Applicable.

Each party has filed its

17.

Scheduling

p.4

[phone]

Credit Cars

In the event the case does not settle, a di

should be set.
In the event a trial is necessary, % day is

18.

Trjal

19.

Disclosure of Non-pam/ Interested Entities or Persons

No

SIGNATURE AND CERTIFICATION B Y PARTIES AND LEAD TRlA
Pursuantto Civil L.R. 16-6, each of the undersigned certifies th
has read the brochure entitled "Dispute Resolution Procedures
District of California," discussed the available dispute resolutio
provided by the court and private entities and has considered
might benefit from any of the available dispute resolution options.

December 9,2011

sls 4

Parties to file joint status report by February 9, 2012. The order to show
cause is VACATED.

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JOlNTCMC STATFUFNTCAND & C+4.An76

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Judge M

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Dated: December 30, 2011

UNIT
ED

Dec 22 11 1 2 : 4 4 ~

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