Free Notice (Other) - District Court of California - California

Case 3:08-cv-00442-L-RBB

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Filed 05/15/2008

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TIMOTHY P. BURKE, ESQ. (SBN 207084) TIMOTHY P. BURKE & ASSOCIATES 1136 Fremont Avenue, Suite 108 South Pasadena, California 91030 Tel. (626) 799-8902 Fax (626) 799-8912 Attorneys for Defendant EDUCATIONAL CREDIT MANAGEMENT CORPORATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) ) ) Plaintiff, ) ) vs. ) PENNSYLVANIA HIGHER EDUCATION ) ) ASSISTANCE AUTHORITY dba ) AMERICAN EDUCATION SERVICES, ) KEY BANK N.A.; & EDUCATIONAL CREDIT MANAGEMENT CORPORATION ) ) Defendants. )) ) ) ) ) ) ) ) JEFFREY A. NEEDELMAN,

Case No.: 08- CV 0442 L RBB Honorable M. James Lorenz NOTICE OF MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) BY DEFENDANT EDUCATIONAL CREDIT MANAGEMENT CORPORATION Hearing Date: June 30, 2008 Time: 10:30 a.m. Courtroom: "14"

TO THE HONORABLE M. JAMES LORENZ, UNITED STATES DISTRICT
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JUDGE, PLAINTIFF JEFFERY A. NEEDELMAN AND ALL PARTIES OF
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INTEREST:
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1 NOTICE OF MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) BY DEFENDANT EDUCATIONAL CREDIT MANAGEMENT CORPORATION CASE NO. 08 CV 0442 L RBB 1905

Case 3:08-cv-00442-L-RBB

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Filed 05/15/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) BY DEFENDANT EDUCATIONAL CREDIT MANAGEMENT CORPORATION CASE NO. 08 CV 0442 L RBB 1905

PLEASE TAKE NOTICE that on June 30, 2008 at 10:30 a.m., or as soon thereafter as this matter may be heard, a hearing will be held before the Honorable M. James Lorenz, United States District Judge, in his courtroom located at the U.S. Courthouse, 880 Front Street, San Diego, California 92101-6998, Courtroom 14, on the Motion to Dismiss Plaintiff's Complaint for: 1) Declaratory Relief 2) Reimbursement for: (1) Failure to State a Claim for Which Relief may be Granted ("Motion"), filed by Defendant EDUCATIONAL CREDIT MANAGEMENT CORPORATION. ("ECMC"). This Motion is based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed concurrently herewith, the pleadings and records on file with respect to this bankruptcy adversary proceeding and such other and further evidence and oral argument as may be presented to the Court at the hearing. PLEASE TAKE FURTHER NOTICE that pursuant to Local District Rule 7.1, parties who wish to oppose the Motion shall, not later that fourteen (14) days prior to the date of the hearing, file with the Clerk of the United States District Court, located at 880 Front Street, San Diego, California 92101-6998, and serve on counsel for ECMC, a brief but complete written statement of all reasons in opposition to the Motion, and an answering memorandum of points and authorities and copies of all documentary evidence on which the responding party intends to rely. In accordance with Local District Rule 90137.1, papers not timely filed and served may be deemed by the Court as consent to the granting of the Motion. /// ///

Case 3:08-cv-00442-L-RBB

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Filed 05/15/2008

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WHEREFORE, ECMC prays that this court grant its Motion to Dismiss and for such other and further relief as the Court deems just and proper.

Respectfully submitted, TIMOTHY P. BURKE & ASSOCIATES A PROFESSIONAL CORPORATION By: /S/ TIMOTHY P. BURKE TIMOTHY P. BURKE Attorneys for Defendant Educational Credit Management Corporation

DATED:

May 15, 2008

3 NOTICE OF MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) BY DEFENDANT EDUCATIONAL CREDIT MANAGEMENT CORPORATION CASE NO. 08 CV 0442 L RBB 1905