Kirk-Gibson v. Bank of America, N.A. et al

Filing 38

ORDER Granting 37 Stipulation of Dismissal as to Defendant Pennsylvania Higher Education Assistance Agency with prejudice. Signed by Judge James C. Mahan on 7/3/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02371-JCM-PAL Document 37 Filed 06/28/17 Page 1 of 3

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Kevin L. Hernandez, Esq.
Nevada Bar No. 12594
LAW OFFICE OF KEVIN L.
HERNANDEZ
2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
T: [phone]
F: [phone]
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JERHONDA KIRK-GIBSON, an individual;

2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[phone] FAX: [phone]

Law Office of Kevin L. Hernandez

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Case No.: 2:16-cv-02371-JCM-PAL

Plaintiff,
v.
BANK OF AMERICA, N.A., a national banking
association; PENNSYLVANIA HIGHER
EDUCATION ASSISTANCE AGENCY doing
business as AMERICAN EDUCATION
SERVICES, a foreign non-profit corporation;
EQUIFAX, INC., a foreign corporation;
EXPERIAN INFORMATION SOLUTIONS,
INC., a foreign corporation; TRANS UNION
LLC, a foreign limited-liability company;

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STIPULATION AND ORDER FOR
DISMISSAL OF DEFENDANT
PENNSYLVANIA HIGHER
EDUCATION ASSISTANCE AGENCY
WITH PREJUDICE

Defendants.

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Plaintiff, Jerhonda Kirk-Gibson (“Plaintiff”), and Defendant, Pennsylvania Higher

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Education Assistance Agency (“PHEAA”) (collectively referred to as the “Parties”) have

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resolved all claims, disputes, and differences between the Parties;

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Case 2:16-cv-02371-JCM-PAL Document 37 Filed 06/28/17 Page 2 of 3

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Therefore, the Parties, by and through their respective attorneys of record, and subject to

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the court’s approval, respectfully request dismissal of the above-captioned matter with prejudice

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under FRCP 41(a) as to PHEAA, with Plaintiff and PHEAA bearing their own attorneys’ fees

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and costs incurred in this action.

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Respectfully Submitted.

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Dated: June 28, 2017

Dated: June 28, 2017

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LAW OFFICE OF
KEVIN L. HERNANDEZ

HOLLAND & HART LLP

/s/ Kevin L. Hernandez
Kevin L. Hernandez, Esq.
Nevada Bar No. 12594
2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[e-mail]
Attorney for Plaintiff

/s/ Patrick J. Reilly_______________
Patrick J. Reilly, Esq.
Nevada Bar No. 6103
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
[e-mail]
Attorneys for Defendant Pennsylvania Higher
Education Assistance Agency

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2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[phone] FAX: [phone]

Law Office of Kevin L. Hernandez

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ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT PHEAA WITH
PREJUDICE
Pursuant to the stipulation of the Parties under FRCP 41(a), PHEAA is dismissed with

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prejudice, and the Parties will bear their own attorneys’ fees and costs incurred in this action.
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IT IS SO ORDERED:
____________________________________
UNITED STATES DISTRICT JUDGE
July 3, 2017
DATED: ____________________________

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Case 2:16-cv-02371-JCM-PAL Document 37 Filed 06/28/17 Page 3 of 3

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CERTIFICATE OF SERVICE

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The undersigned certifies that the foregoing STIPULATION AND ORDER FOR

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DISMISSAL

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ASSISTANCE AGENCY WITH PREJUDICE was electronically served to the following

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parties:

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2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[phone] FAX: [phone]

Law Office of Kevin L. Hernandez

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OF

DEFENDANT

PENNSYLVANIA

HIGHER

EDUCATION

Patrick J. Reilly, Esq.
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
[e-mail]
Attorneys for Defendant Pennsylvania Higher
Education Assistance Agency
Dated: June 28, 2017
/s/ Caesy Morales
.
An Employee of the Law Office of Kevin L.
Hernandez

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