Stebbins v. EduCap, Inc. et al

Filing 39

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 12/23/2014. (rban, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

DAVID STEBBINS,

Plaintiff,
Civil Action No.

v.

EDUCAP,

l:14-cv-961

INC.,
Defendant

MEMORANDUM OPINION

THIS MATTER comes before the Court on Defendant's motion

for summary judgment.
After David Stebbins

("Stebbins" or "Plaintiff')

failed to

make timely payments on a student loan, the lender, EduCap,
("EduCap" or "Defendant"),

Inc.

filed suit in Arkansas to collect the

unpaid loan balance of $4,444.28 plus interest, attorney fees,
and costs. Alleging this ostensibly routine collection action
was

in fact

a

violation of the Americans

of 1990 ("A.D.A.")

with

Disabilities Act

and malicious prosecution under Arkansas law,

Plaintiff filed this lawsuit in which he seeks injunctive relief

plus over $10,000,000 in damages. Because Plaintiff has put
forth no evidence indicating Defendant's Arkansas lawsuit was

anything other than a standard attempt to recover on an unpaid
loan, summary judgment in Defendant's favor is appropriate.