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

Filing 176

ORDER granting 172 Motion to Quash. Application GRANTED. Plaintiffs shall file their opposition to TSI's motion to quash no later than June 8, 2020. (Signed by Magistrate Judge Barbara C. Moses on 5/27/2020) (cf)

Case 1:18-cv-01781-PGG-BCM Document 176 Filed 05/27/20 Page 1 of 2
370 LEXINGTON AVENUE
SUITE 1706
NEW YORK, NY 10017
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FRANK LLP
ATTORNEYS AT LAW

5/27/20

[e-mail]
www.frankllp.com

May 27, 2020
VIA ECF
Hon. Barbara Moses, U.S.M.J.
United States District Court
Southern District of New York
500 Pearl St., Room 740
New York, NY 10007
Re:

Michelo et al. v. Nat’l Collegiate Student Loan Trust 2007-2 et al., 18-CV-1781
Bifulco et al. v. Nat’l Collegiate Student Loan Trust 2004-2 et al., 18-CV-7692

Dear Judge Moses:
We represent Plaintiffs in the above-referenced actions, and write jointly with the
Transworld Defendants (“TSI”), concerning TSI’s motion to quash the subpoena of TSI’s “Affiant
X” (Dkt. No. 172 in Case No. 18-cv-1781; [Not Docketed] in Case No. 18-cv-7692).
TSI filed its motion on ECF under seal on Friday, May 22, 2020. Due to the filing being
made under seal, Plaintiffs and TSI were not able to access the motion. Plaintiffs twice emailed
TSI on Friday afternoon, to alert TSI that Plaintiffs had not been served; TSI did not immediately
respond while investigating the cause of the inability to access the filing. Unfortunately, the access
limitation was not identified by TSI until after the Clerk’s office was closed.
TSI did not serve the motion on Plaintiffs until late yesterday when the inability to access
the filing was remedied (May 26).
If TSI’s motion had been served when filed, Plaintiffs’ deadline for opposing would have
been May 29. See L. Civ. R. 6.1(a). Due to the unexpected delay in service, as well as obligations
that Plaintiffs’ counsel have in other matters next week, we request that Your Honor order that
Plaintiffs’ deadline for opposing TSI’s motion be set at June 8, 2020.
We thank the Court for Your prompt attention this request.

Application GRANTED. Plaintiffs shall file their
opposition to TSI's motion to quash no later than
June 8, 2020. SO ORDERED.
___________________________
Barbara Moses, U.S.M.J.
May 27, 2020

Case 1:18-cv-07692-PGG-BCM Document 112 Filed 05/27/20 Page 2 of 2
1:18-cv-01781-PGG-BCM
176
Hon. Barbara Moses
Page 2
Respectfully submitted,
FRANK LLP
/s/ Gregory A. Frank
Gregory A. Frank (GF0531)
Marvin L. Frank (MF1436)
Asher Hawkins (AH2333)
370 Lexington Avenue, Suite 1706
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for
PLAINTIFFS AND THE CLASSES

SESSIONS, FISHMAN, NATHAN
& ISRAEL
/s/ James K. Schultz
James K. Schultz
1545 Hotel Circle S., Suite 150
San Diego, Calif. 92108
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants
TRANSWORLD SYSTEMS INC. AND
EGS FINANCIAL CARE INC.