Benavente et al v. National Collegiate Student Loan Trust 2007-3 et al

Filing 14

ORDER Granting 13 Motion to Transfer and Consolidate Class Action Case. Case Transferred to Southern District of California. Signed by Magistrate Judge Cam Ferenbach on 5/6/2015. (Copies have been distributed pursuant to the NEF - DC)[Transferred from Nevada on 5/7/2015.]

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James K. Schultz, Esq. (NV Bar No. 10219)
SESSIONS, FISHMAN, NATHAN & ISRAEL, L.L.C.
55 W. Monroe St., Ste.1120
Chicago, IL 60603
Telephone: [phone]
[e-mail]
Attorneys for Defendant National Collegiate Student Loan Trust 2007-3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRICIA BENAVENTE, and
ANDRESINA BENAVENTE,

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Plaintiffs,
vs.

Case No. 14-CV-01992-GMN-VCF
JOINT MOTION TO TRANSFER
AND CONSOLIDATE CLASS
ACTION CASE

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NATIONAL COLLEGIATE
STUDENT LOAN TRUST 2007-3, A
DELAWARE STATUTORY
TRUST(S), and PATENAUDE &
FELIX, A.P.C,

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Defendants.

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DAWN ZOERB, Individually and On
Behalf of Others Similarly Situated,

Case No.: 14-cv-00468-BAS-KSC

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Plaintiff,
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vs.

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NATIONAL COLLEGIATE
STUDENT LOAN TRUST 2006-3, A
Delaware Statutory Trust(s); and,
LAW OFFICES OF PATENAUDE &
FELIX, A.P.C.,
Defendants.
JOINT MOTION TO TRANSFER AND CONSOLIDATE CLASS ACTION CASE
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IT IS HEREBY STIPULATED AND CONSENTED BY AND BETWEEN
THE PARTIES, Plaintiffs Tricia Benavente and Andresina Benavente
(“Plaintiffs”) and Defendants National Collegiate Student Loan Trust 2007-3 and
the Law Offices of Patenaude & Felix, A.P.C. (“Defendants”), through
undersigned counsel, to transfer the above-referenced case entitled Benavente v.

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National Collegiate Student Loan Trust 2007-3, et al., Case No. 14-CV-01992GMN-VCF (D. Nev) to the U.S. District Court for the Southern District of
California, and to consolidate the action with the pending action entitled Zoerb v.
National Collegiate Student Loan Trust 2006-3, et al., Case No. 14-cv-00468BAS-KSC (S.D. Cal.).

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WHEREAS, for the convenience of parties and witnesses, in the interest of

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justice, a district court may transfer any civil action to any other district or

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division where it might have been brought or to any district or division to which

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all parties have consented. 28 U.S.C. § 1404(a).

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WHEREAS the civil action filed by Plaintiffs involves common defendants

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and common questions of law and fact as to Zoerb v. National Collegiate Student

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Loan Trust 2006-3 et al., Case No. 14-cv-00468-BAS-KSC (S.D. Cal.).

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WHEREAS all parties are actively engaging in good faith settlement
negotiations.
WHEREAS all parties have recently reached a tentative settlement
agreement in Zoerb v. National Collegiate Student Loan Trust 2006-3 et al., Case
No. 14-cv-00468-BAS-KSC (S.D. Cal.), which seeks to include the claims raised
by Plaintiffs.
WHEREAS, upon transfer, Plaintiffs’ class action case should be

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consolidated under Zoerb v. National Collegiate Student Loan Trust 2006-3 et al.,
Case No. 14-cv-00468-BAS-KSC (S.D. Cal.).

JOINT MOTION TO TRANSFER AND CONSOLIDATE CLASS ACTION CASE
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WHEREAS counsel for Plaintiffs and Defendants certify by their signatures
below that upon filing this document it has been deemed acceptable to all persons
required to sign, and each have authorized the use of their electronic signature.
IT IS SO STIPULATED.

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KAZEROUNI LAW GROUP, APC

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Dated: May 4, 2015

_/s/Danny Horen_____
Danny Horen
Attorney for Plaintiffs
Tricia Benavente and Andresina Benavente

Dated: May 4, 2015

SESSIONS, FISHMAN, NATHAN & ISRAEL, L.L.C.

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/s/James K. Shultz
James K. Shultz
Attorney for Defendant
National Collegiate Student Loan Trust 2007-3

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Dated: May 4, 2015

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PATENAUDE & FELIX A.P.C.
/s/Westley Villanueva
Westley Villanueva
Attorney for Defendant
Patenaude & Felix, APC

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The Clerk of Court is directed to close this case.

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ORDER

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IT IS SO ORDERED.
______________________________
HON. CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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JOINT MOTION TO TRANSFER AND CONSOLIDATE CLASS ACTION CASE
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