Vaughn v. National Collegiate Student Loan Trust 2006-3 et al

Filing 40

ORDER signed by District Judge Thomas W Phillips on 11/26/2014: Denying as moot 10 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robin J Gordon; denying as moot 12 First MOTION TO DISMISS FOR FAILURE T O STATE A CLAIM filed by Scott, Parnell & Associates, P.C.; granting 18 MOTION to Dismiss Amended Complaint filed by Scott, Parnell & Associates, P.C.; granting 20 MOTION to Dismiss Amended Complaint filed by Robin J Gordon. Robin J Gordon and Scott, Parnell & Associates, P.C. are terminated. In light of the Court's conclusion that the plaintiff's claims are time-barred, the plaintiff is hereby DIRECTED to show good cause within 30 days why the claims against the remaining defendants should not also be dismissed as time-barred. The plaintiff is also DIRECTED to further show cause within 30 days why the case against defendant Francesca L. Giampiccolo should not be dismissed for failure to prosecute. (JDH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KRISTI VAUGHN,
Plaintiff,
v.
NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2006-3, A DELAWARE
STATUTORY TRUST, et al.,
Defendants.

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No. 2:14-cv-194

ORDER
For the reasons outlined in the accompanying memorandum opinion, the first motions to
dismiss filed by defendants Gordon and Scott, Parnell & Associates, P.C. [Docs. 10, 12] are
DENIED as moot. The defendants’ second motions to dismiss [Docs. 18, 20] are GRANTED
and the plaintiff’s claims against defendants Gordon and Scott, Parnell & Associates, P.C. are
DISMISSED.
In light of the Court’s conclusion that the plaintiff’s claims are time-barred, the plaintiff
is hereby DIRECTED to show good cause within 30 days why the claims against the remaining
defendants should not also be dismissed as time-barred. The plaintiff is also DIRECTED to
further show cause within 30 days why the case against defendant Francesca L. Giampiccolo
should not be dismissed for failure to prosecute. Fed. R. Civ. P. 4(m), 41(b).
IT IS SO ORDERED.

s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE