Johnson v. United States

105 Fed. Cl. 85, 2012 U.S. Claims LEXIS 512, 2012 WL 1744249
CourtUnited States Court of Federal Claims
DecidedMay 17, 2012
DocketNo. 11-898C
StatusPublished
Cited by24 cases

This text of 105 Fed. Cl. 85 (Johnson v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. United States, 105 Fed. Cl. 85, 2012 U.S. Claims LEXIS 512, 2012 WL 1744249 (uscfc 2012).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Plaintiff Joseph Johnson, Jr., seeks damages and equitable relief from the United States (“the government”) for alleged negligence, violation of the Administrative Procedure Act, and breach of contract by the Department of Education (“the agency”) in connection with consolidated educational loans. Pending before the court are two motions. The government has moved to dismiss the case for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, and plaintiff has moved to transfer the case to the United States District Court for the District of Columbia.

BACKGROUND

Mr. Johnson obtained educational loans to fund his studies at the University of Maryland, University College (“the university”). He attended class at the university from the fall of 1993 to the beginning of the spring [88]*88semester in 1996. Each of his seven claims traces back to the debt incurred during this period, but the claims differ significantly in their specific factual underpinnings.

A. Mr. Johnson’s 1996 Direct Loans

In the spring of 1996, Mr. Johnson registered for three courses at the university: “Introduction to Writing,” “Legal Ethics,” and “Litigation.” Compl. ¶ 7. To pay for these courses, the university applied $3,600 in federal loans to Mr. Johnson’s student account. Compl. ¶8. Shortly after the semester began, however, Mr. Johnson withdrew because he was incarcerated. Compl. ¶ 9; see Johnson v. United States Dep’t of Educ., 580 F.Supp.2d 154 (D.D.C.2008), aff'd without opinion, No. 08-5468, 2009 U.S.App. LEXIS 7793 (D.C.Cir. Apr. 10, 2009). The university credited Mr. Johnson’s student account for the tuition for two of the three courses and for one-half of the tuition for the third class, such that he owed the school only $261.00. Compl. ¶ 12. According to the university’s financial policies, it was supposed to refund Mr. Johnson’s federal loans for this period to the government. Compl. Ex. 4, Attach. B. And indeed, according to its records, the university issued two refunds totaling $2,556 in late January 1996. Compl. Ex. 4, Attach. C.1 At some point unspecified by plaintiff, the government’s Direct Loan Servicing Center notified Mr. Johnson that he owed $3,750.00 (including accrued interest) for his tuition during the spring of 1996. Compl. ¶ 13. From this fact, Mr. Johnson infers that the university never returned the $2,556 to the Department of Education. Compl. ¶ 15 & Ex. 2, at 1.

When Mr. Johnson communicated with the university on the subject in 2011, the school stated that any refund would have been made to the government back in 1996. Compl. Ex. 3. The university gave Mr. Johnson the numbers of two refund checks it claimed to have sent, but it was unable to furnish copies of those checks because it had been fifteen years since Mr. Johnson had withdrawn his enrollment. Compl. Ex. 3, at 2. In March 2011, Mr. Johnson submitted an application to the Department of Education to have his loan discharged pursuant to 34 C.F.R. § 685.216(a)(2)(i), a regulation that provides for the discharge of a student-borrower’s obligation that should have been refunded by the school. Compl. ¶ 18.2 The Department denied the application on April 1, 2011, on the ground that the pertinent tuition amount had been refunded by the university at the time of withdrawal. Compl. Ex. 5.

B. Mr. Johnson’s 2004 Consolidation Loan

On April 22, 2004, Mr. Johnson applied for a loan through the Federal Direct Consolidation Loan Program. See Compl. Ex. 7. This program lends money to individuals to enable them to consolidate disparate federal educational loans into a single debt instrument. See 34 C.F.R. § 685.100(a)(4). As part of the application, Mr. Johnson had to list the loans he wished to consolidate. The bulk of his debt derived from two loans from Sallie Mae, presumably incurred to fund his studies at the University of Maryland, University Col[89]*89lege. Compl. Ex. 7. On April 28, 2004, Sallie Mae certified that Mr. Johnson owed it $20,665.70. Compl. Ex. 9.3 Sallie Mae and Mr. Johnson then reached a compromise by which Mr. Johnson settled his debt with Sallie Mae by agreeing to pay $18,000. Compl. Ex. 6. On December 13, 2004, the government’s Direct Loan Servicing Center approved Mr. Johnson’s application and used the funds to pay off his prior educational loans, disbursing $20,747.02. Compl. ¶ 32 & Ex. 7.

Mr. Johnson presents two claims respecting the consolidation loan. First, he alleges that the government overpaid Sallie Mae. Compl. ¶¶ 29-35. He contends that under the loan consolidation agreement, “[i]f the amount [the agency] provides to [the borrower’s] holder(s) exceeds the amount needed to pay off the balance(s) of the selected loan(s), [the borrower] understands that the holder will refund the excess to [the agency] for application against the outstanding balance of this loan.” Compl. Ex. 1, at 3. In late 2010, Mr.’ Johnson notified the government’s Direct Loan Servicing Center of its alleged overpayment to Sallie Mae and asked it to apply this amount to the balance of his consolidated loan. Compl. ¶ 33; Pl.’s Opp’n to Def.’s Mot. to Dismiss (“Pl.’s Opp’n”) at 7. He avers that the Center refused to do so, but he has not provided the pertinent communication (if any) from the Center.

Second, Mr. Johnson claims that Sallie Mae was not the rightful recipient of any funds from the consolidation loan. Compl. ¶¶ 36-61. This averment may be moot. In a separate lawsuit between Sallie Mae and Mr. Johnson, Sallie Mae disclaimed ever receiving payment from the Federal Direct Loan Program pursuant to Mr. Johnson’s consolidation loan. Compl. Ex. 10. Sallie Mae stated that “the Department of Education made the consolidation payment to United Student Aid Funds, Inc., the guarantor of [Mr. Johnson’s] student loans, not to Sallie Mae.” Compl. Ex. 10, at 1. Moreover, many years prior, in 1997, Sallie Mae sent Mr. Johnson a letter informing him that it had filed a claim on his student loans and transferred them to the guarantor, United Student Aid Funds. Compl. Ex. 11, at 7. Mr. Johnson claims that the letter was sent to an address where he did not live, and consequently he did not receive it until February 9, 2011, in connection with his lawsuit against Sallie Mae. Pl.’s Opp’n at 8 n. 2.

On May 10, 2011, Mr. Johnson told the Direct Loan Servicing Center that it had erroneously paid Sallie Mae back in 2004 and requested that the government recover the money it had given to Sallie Mae and cancel the consolidation agreement. Compl. Ex. 11, at 3-4. The Center has not done so.

C. The Administration of the Consolidation Loan

In addition to questioning the proper amount and recipient of his consolidation loan, Mr. Johnson alleges various errors in the administration of that loan. Compl. ¶¶ 62-93. He avers that on multiple occasions, he sent the Direct Loan Servicing Center a check which the Center did not deposit. Compl. ¶¶ 75-82. Most recently, Mr. Johnson included with his check a letter stating that, if the Loan Servicing Center failed to process the check, it agreed to forfeit the right to collect the face-value of that check. Compl. ¶¶ 83-85 & Ex. 16. Mr.

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Bluebook (online)
105 Fed. Cl. 85, 2012 U.S. Claims LEXIS 512, 2012 WL 1744249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-united-states-uscfc-2012.