Michelo et al v. National Collegiate Student Loan Trust 2007-2 et al

Filing 122

ORDER, Given that this Court ordered these actions consolidated in November 2018, and that the operative complaints are functionally identical, (see Oct. 29, 2019 Pltf. Ltr. (Michelo Dkt. No. 115; Bifulco Dkt. No. 65) at 1), it is appropriate for this action to proceed on the basis of a Consolidated Complaint. The Consolidated Complaint is to be filed by December 10, 2019. The Answer to the Consolidated Complaint is due by December 20, 2019. So Ordered. (Amended Pleadings due by 12/10/2019.) (Signed by Judge Paul G. Gardephe on 12/3/19) Filed In Associated Cases: 1:18-cv-01781-PGG, 1:18-cv-07692-PGG(yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MUTINTA MICHELO, et al.,
Plaintiffs,

ORDER
- against -

NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2007-2, et al.,

18 Civ. 1781 (PGG)
18 Civ. 7692 (PGG)

Defendants.
____________________________________

CHRISTINA BIFULCO, et al.,
Plaintiffs,
-against-

NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2004-2, et al.,
Defendants.

PAUL G. GARDEPHE, U.S.D.J.:
In an October 22, 2019 letter, Defendants asked this Court to direct Plaintiffs to
file a Consolidated Complaint. (Michelo Dkt. No. 110; Bifulco Dkt. No. 62) In an October 29,
2019 letter, Plaintiffs contend that a consolidated complaint is premature and unnecessary.
(Michelo Dkt. No. 115; Bifulco Dkt. No. 65)
These actions were previously consolidated on consent. On November 7, 2018,
this Court ordered the parties to submit letters addressing whether the actions should be
consolidated. (Michelo Dkt. No. 67; Bifulco Dkt. No. 30) On November 27, 2018, following a
November 20, 2018 conference, the parties submitted a joint letter, stating that “[t]he Parties
support the Court’s consolidation of the Michelo and Bifulco actions pursuant to Rule 42.”

(Michelo Dkt. No. 72; Bifulco Dkt. No. 33) On November 29, 2018, this Court ordered the
above-captioned cases consolidated pursuant to Rule 42 and issued a Consolidated Amended
Civil Case Management Plan and Scheduling Order. (Michelo Dkt. Nos. 73, 74; Bifulco Dkt.
Nos. 34, 35)
Given that this Court ordered these actions consolidated in November 2018, and
that the operative complaints are “functionally identical,” (see Oct. 29, 2019 Pltf. Ltr. (Michelo
Dkt. No. 115; Bifulco Dkt. No. 65) at 1), it is appropriate for this action to proceed on the basis
of a Consolidated Complaint. The Consolidated Complaint is to be filed by December 10, 2019.
The Answer to the Consolidated Complaint is due by December 20, 2019.
Dated: New York, New York
December 3, 2019

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