LEVY-TATUM v. NAVIENT et al

Filing 12

ORDER THAT DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY BRIEF #10 IS GRANTED AND THE CLERK OF COURT SHALL DOCKET THE DEFENDANTS' REPLY; DEFENDANTS' MOTION TO DISMISS #8 IS GRANTED IN PART; COUNTS I, IV, AND V ARE DISMISSED WITH PREJUDICE AS TO DEFENDANTS NAVIENT AND SALLIE MAE BANK; COUNTS II, III AND VI ARE DISMISSED WITH PREJUDICE AS TO DEFENDANTS NAVIENT AND SALLIE MAE BANK; COUNTS II, III AND VI ARE DISMISSED WITH PREJUDICE AS TO DEFENDANT SALLIE MAE BANK ONLY AND DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT NAVIENT ONLY; AND PLAINTIFF MAY FILE AN AMENDED COMPLAINT BY NOON ON 2/8/2016, ETC. SIGNED BY HONORABLE STEWART DALZELL ON 1/7/16. 1/7/16 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JENNIFER W. LEVY-TATUM
v.
NAVIENT, and
SALLIE MAE BANK

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CIVIL ACTION

NO. 15-3794

ORDER
AND NOW, this 7th day of January, 2016, upon consideration of plaintiff
Jennifer W. Levy-Tatum’s complaint, defendants Navient and Sallie Mae Bank’s motion to
dismiss (docket entry #8), Levy-Tatum’s response in opposition thereto, and for the reasons set
forth in our Memorandum issued this day, it is hereby ORDERED that:
1.

Defendants’ motion for leave to file a reply brief (docket entry #10) is

GRANTED and the Clerk of Court shall DOCKET the defendants’ reply;
2.

Defendants’ motion to dismiss (docket entry #8) is GRANTED IN PART;

3.

Counts I, IV and V are DISMISSED WITH PREJUDICE as to defendants

Navient and Sallie Mae Bank;
4.

Counts II, III and VI are DISMISSED WITH PREJUDICE as to defendant

Sallie Mae Bank only and DISMISSED WITHOUT PREJUDICE as to defendant Navient only;
and
5.

Plaintiff may FILE an amended complaint by noon on February 8, 2016,

and failure to do so will result in the Clerk of Court closing this case.
BY THE COURT:
__/s/ Stewart Dalzell, J.
Stewart Dalzell, J.