Now through undersigned counsel, come Defendant, Lauris Hollis ("Defendant"), who respectfully request that this Court grant their Motion for Summary Judgment dismissing the Plaintiff 's claims against him. Defendant move this Court for a Summary Judgment on the grounds that the Plaintiff has no cause of action, no right of action or no interest in the plaintiff to institute the suit and it should be dismissed.
UNDISPUTED MATERIAL FACTS
1. The Plaintiff filed suit on April 7, 2015, in Livingston Parish for a 2004 loan made to Mr. Hollis through the CFS Private Education Undergraduate Loan Program by Charter One Bank, N.A. for $26,484.00 with a “Deferral Period Margin of 4.85, Repayment Period Margin of 4.85” and a Loan Origination Fee Percentage of 9.5.
2. Mr. Hollis is enrolled FULLTIME AS A CANDIDATE for a Doctorate of Philosophy, Oceanography and Coastal Sciences at Louisiana State University in the Department of Oceanography and Coastal Sciences.
3. At the beginning of each of the Fall and Spring semesters from 2010 to 2012, Mr. Hollis forwarded deferment forms for Privately Insured Loans to the American Education Services.
4. On April 28, 2015, Jeremy Nusloch an attorney at the firm of Couch, Conville & Blitt received notice of Mr. Hollis fulltime enrollment at LSU; however, they refuse to dismiss the case even though the loan should be in deferment.
5. Thus, Couch, Conville & Blitt continue to prosecute the claim against Mr. Hollis in bad faith.
6. CFS is
It was also concluded that the IHSAA broke one of their own rules in regards to the Hardship Rule. According to the Transfer Rule: Rule 19, even when B.J. was granted partial-eligibility, the IHSAA was violating Rule 19.4: “A student should be ineligible for 365 days if he or she transfers schools for athletic reasons”. On top of that, the IHSAA often times issues grants to children who move schools because of their parents. Yet, the IHSAA ignored the facts provided by the plaintiff and his family that would counteract their decision. Furthermore, the IHSAA claimed that the exception holds true when it includes children and/or public interest. The court agreed upon these standards, proving more reasons as to why B.J. should’ve been given the
Seven years later, the Supreme Court, in Ewing, revisited the question of whether a university student has a property interest in his education. In Ewing, the University of Michigan dismissed a student for failing an
Juras, who at the time lived in California, still refused to pay these amounts. Subsequently, a vice president of Aman, Mr. Gloss, telephoned Juras twice in California before 8:00 A.M. Pacific Standard Time. Gloss told Juras that if he did not pay the debt, he would not receive a college transcript. Juras sued Aman, claiming that the telephone calls violated the Fair Debt Collection Practices Act. Gloss testified at trial that he made the calls before 8:00 A.M. because he had forgotten the difference in time zones between California and Aman’s offices in South Dakota. Who wins? Juras v. Aman Collection Services, Inc., 829 F.2d 739, Web 1987 U.S. App. Lexis 12888 (United States Court of Appeals for the Ninth Circuit)
Reviewing the dispositions, the court denies plaintiff’s cross-motion for summary judgment on both its first and second causes of action….
denied her entrance based on race. She was willing to postpone her career and take the matter to court. The District Court of Cleveland County, Oklahoma did not grant Sipuel admission to the university. She took the matter to the Supreme Court with Thurgood Marshal representing her. They received a ruling in favor of her admittance to the university.
COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of
My son, Pierre Brent, a student that recently transferred from S.T.N Community College, is being held liable for a portion of the Title IV funds that he was eligible to receive for the spring 2013 semester that had allegedly been refunded to him in error by the school. The financial administration has not resolved the matter, therefore, I am escalating this matter to your office for a solution.
Plaintiffs have moved to dismiss their action against the Defendants under K.S.A 60-241(b). Defendants have opposed this motion because they feel it would be unfair to them because 1) it would not settle the issues in the case, 2) it would deny the Defendants further discovery, and 3) it represents only a partial dismissal of the case because the Court would maintain the protective order. This memo is divided in two main parts. The first part discusses both dismissals without and with prejudice and considers the advantages and disadvantages of both. To choose, which to go with the main question will be balancing the risk of the Court imposing expenses as a condition of dismissal vs. the State foreclosing its ability to re-file
Introducing Folashade V. John, I am a first- generation student with parents who were both born in foreign countries—Trinidad and Nigeria. It is my duty, as a first generation American to become successful. As a third- year student at the University of Florida, I have realized that it is more beneficial to utilize your resources than to complain about not having enough. There are many resources on campus that benefit students like me. The GatorLaw Program will provide me with great opportunities that can help me pursue my interest in legal studies.
Furthermore, Ewing stated that the University failed to uphold his contract as an enrolled student and had been “barred by the doctrine of promissory estoppel” (Regents of the University of Michigan v. Ewing. (2016). Additionally, he asserted that according to federal law, he had a property interest in his continued enrollment in the medical program known as Inteflex, and therefore,
Shahmaleki’s complaint is futile because the statute limitation has run on the civil rights claims. 42 U.S.C. § 1982 does not include its own statutes of limitations. Instead, courts borrow limitation periods from state law. Courts adopt the most analogous limitations period. In Kansas, the analogous action for § 1983 is injury to the rights of another. That means under Kansas law, the statutes of limitations for claims arising out of § 1983 is two years. Here, the statutes of limitations period has passed. The claim set out by Shahmaleki arose on May 1, 2013. As two years have passed since the claim arose, the statute of limitations has run and this Court should dismiss Shahmaleki’s complaint.
Danle should disclose the class-action litigation. The case states “Danle’s external counsel relating to the two lawsuits that led counsel to believe that Danle could potentially, but not probably, but liable for a percentage of recovery sought by the claimants in those matters”. If it is reasonably possible then Danle would be required to disclose according to the AICPA standards. The only possible way to avoid disclosing the litigation is if and only if it was a remote chance that they would have the judge rule against them, otherwise it needs to be disclosed. Also while Danle doesn’t have an exact percentage of the amount they could pay out, they do have a maximum amount that can potentially be paid out at 50% of the original judgement.
I would like to register for Fall. Although I am still working with Student Accounts on a resolution, the balance has been satisfied. And my unofficial transcript states that I am in good standing. However, I am still unable to register for Fall, because of a hold. I cannot determine the nature of the hold at this time however according to my Things To Do area; I am still on academic probation.
The underlying issue that is being presented is that of the voluntary Tuition Insurance that is automatically added to student’s billings accounts at the start of every new semester. Documentation shows that that first mention of Spring Tuition Insurance occurred at the time when the Spring 2017 Bill was issued, November 18th, 2016 as an ‘important note’ footnote. This note mentions that waivers should be submitted by the billing date, and the at the final deadline is midnight on January 16th, 2017. Following the initial email, an email on December 13th, 2016 notes that a remainder balance was on my account. This is when the payment plan was set up to cover the tuition charges for the semester and not the addition of the Tuition Insurance amount. No further emails were sent in regards to remainder balances on my account, because of not including the insurance fee before the January 16th midnight deadline. Spring 2017 semester started January 17th. Confirmation of Tuition Refund Insurance was not sent until the 7th of February. The charged was questioned on the day after, saying that there was nothing that could be done.