Davis v. American Education Services LLC

Opinion

Jared L. Inouye (Nevada Bar No. 9067) 3165 East Millrock Drive, Suite 500 Salt Lake City, UT 84121 Phone: (801) 438-2000 Jinouye@btjd.com Jessica Salisbury-Copper (admitted pro hac vice) 10050 Innovation Drive, Suite 400 Miamisburg, Ohio 45342 Phone: (937) 443-6854 Jessica.Salisbury-Copper@ThompsonHine.com Kip Bollin (admitted pro hac vice) 3900 Key Center 127 Public Square Cleveland, Ohio 44114 Phone: (216) 566-5500 Kip.Bollin@ThompsonHine.com Brandon Stein (admitted pro hac vice) 20 N Clark Street, Suite 3200 Chicago, IL 60602 Phone: (312) 998-4253 Brandon.Stein@ThompsonHine.com Attorneys for Defendant KeyBank N.A. DISTRICT OF NEVADA Amanda Davis, individually Case No.: 2:22-cv-01645-JAD-EJY and on behalf of all others similarly situated, ORDER GRANTING STIPULATED Plaintiff, MOTION TO AMEND KEY’S MOTION TO DISMISS PLAINTIFF’S v. AMENDED COMPLAINT (ECF NO. 31) AND SET BRIEFING SCHEDULE KeyBank N.A.; and KeyBank Trust d/b/a American Education Services LLC. d/b/a KeyCorp Student Loan Trust, ECF Nos. 31, 35 Defendants. Plaintiff Amanda Davis, Defendant American Education Services LLC (“AES”) and Defendant KeyBank N.A. (“Key”), by and through their undersigned counsel, hereby request court approval of the following stipulation: On January 3, 2023, Key filed a Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 31). In its motion, Key included argument and authorities supporting its motion to dismiss Plaintiff’s claims under the Fair Credit Reporting Act (“FCRA”). The next day on January 4, 2023, the Second Circuit entered a decision in Mader v. Experian Information Solutions, Inc., Nos. 20-3073, 21-2171, 2023 U.S. App. LEXIS 79, 2023 WL 27654 (2d Cir. Jan. 4, 2023), which Key asserts is relevant to its pending Motion to Dismiss. While Plaintiff disagrees that Mader is relevant and will address it in Plaintiff's opposition to Key's Motion to Dismiss, Plaintiff agrees to the proposed stipulation so Key can amend its Motion to Dismiss and Plaintiff can adequately review and respond to Key's Motion. WHEREAS, Plaintiff and Key hereby stipulate and agree as follows: 1. Key will be permitted to amend its Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 31) (the “Amended Motion”) to include arguments related to the analysis in Mader v. Experian Information Solutions, Inc., 2023 U.S. App. LEXIS 79. 2. Key shall file the Amended Motion within three (3) days after the Court enters an order granting this stipulated motion. 3. Once filed, the Amended Motion will amend the Motion to Dismiss (ECF No. 31) and the Amended Motion will become the operative pleading. 4. Plaintiff shall respond to Key’s Amended Motion within thirty (30) days after Key files the Amended Motion. 5. Plaintiff shall respond to Key’s Motion to Strike Class Allegations (ECF No. 32) (the “Motion to Strike”) within thirty (30) days after Key files the Amended Motion. 6. Key shall reply to Plaintiffs response to the Amended Motion and Motion to Strike within fourteen (14) days after Plaintiff files its respective responses. DATED: January 11, 2023 BENNETT TUELLER JOHNSON & DEERE FREEDOM LAW FIRM Jared Inouye /s/ George Haines Jared Inouye George Haines, Esq. Nevada Bar No. 9067 Nevada Bar No. 9411 3165 East Millrock Drive, Suite 500 8985 S. Eastern Ave., Suite 350 Salt Lake City, UT 84121 Las Vegas, NV 89123 Attorneys for KeyBank National Association Attorneys for Plaintiff Amanda Davis /s/Patrick J. Reilly Patrick J. Reilly 100 North City Parkway, Suite 1600 Las Vegas, NV 89106 Attorneys for AES Based on the parties’ stipulation [ECF No. 35] and good cause appearing, IT IS SO ORDERED. The original motion to dismiss [ECF No. 31] is DENIED without prejudice to the filing of the amended motion to dismiss as stipulated. oS US. District Judge Jennifer A. Dorsey Dated: January 13, 2023 4870-8213-2537.1