NATIONAL EDUCATION FINANCIAL SERVICES, INC. et al v. U.S. BANK NATIONAL ASSOCIATION

Filing 26

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. 11) IS GRANTED IN PART AS OUTLINED HEREIN. COUNTS I-VIII ARE DISMISSED WITH PREJUDICE. COUNTS IX(j), IX(k), IX(1) AND IX(m) ARE DISMISSED WITH LEAVE TO FILE AN AMENDED COMPLAINT CONSISTENT WITH THIS COURTS MEMORANDUM., ETC. FURTHER ORDERED THAT COUNSEL FOR THE PARTIES SHALL JOINTLY CONTACT CHAMBERS TO SCHEDULE A RULE 16 CONFERENCE.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 11/27/13. 12/2/13 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NATIONAL EDUCATION
FINANCIAL SERVICES, INC., et al.,
Plaintiffs,
v.
U.S. BANK, NATIONAL
ASSOCIATION.
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

NO. 12-6651

ORDER
AND NOW, this 27th day of November, 2013, upon consideration of Defendant’s
Motion to Dismiss the Amended Complaint (Doc. No. 11), it is hereby ORDERED that the
motion is GRANTED, in part, as follows:
a.

Counts I, II, III, IV, V, VI, VII and VIII are DISMISSED with prejudice.

b.

Counts IX(j), IX(k), IX(l) and IX(m) are DISMISSED, with leave to file an

amended complaint consistent with this Court’s Memorandum. If no amended complaint is filed
within fourteen (14) days of the docketing of this Order, these claims will be dismissed with
prejudice.
c.

The remainder of the motion is DENIED.

It is further ORDERED that counsel for the parties shall jointly contact Chambers to
schedule a Rule 16 conference. Prior to the conference, the parties shall participate in settlement
discussions and be prepared to report on the status of these discussions at the conference.
BY THE COURT:
/s/ L. Felipe Restrepo
L. Felipe Restrepo
United States District Court Judge