Chery v. Conduent Education Services, LLC et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Christian F Hummel |
| Case #: | 1:18-cv-00075 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Jan 18, 2018 |
| Terminated: | Dec 02, 2022 |
| Last checked: Tuesday Jul 17, 2018 4:40 AM EDT |
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Defendant
Access Funding 2015-1, LLC
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Represented By
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Defendant
Access Group, Inc.
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Represented By
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Defendant
Conduent Education Services, LLC
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Represented By
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Plaintiff
Jeffrey Chery
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Represented By
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GPO
Mar 29 2019
MEMORANDUM-DECISION and ORDER denying 20 Motion to Dismiss for Failure to State a Claim. ORDERED that 1. Defendants' motion to dismiss is DENIED; and 2. Defendants shall file and serve an answer to the complaint on or before April 12,2019. IT IS SO ORDERED. Signed by Judge David N. Hurd on 3/29/2019. (khr) |
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GPO
Aug 18 2020
DECISION & ORDER granting in part and denying in part 55 Motion to Compel. ORDERED, that plaintiffs motion (Dkt. No. 55) is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED, that defendants produce to plaintiff documents related to the Consent Orders to the extent that the documents produced to the CFPB and the NYSDFS concern defendants practices for servicing student loans and responding to LVC requests during the period of remediation, but only insofar as such production:(a) is not duplicative of documents previously disclosed by defendants;(b) does not contain personal identifying information of non-parties or confidential settlement information or such information has been sufficiently redacted; and (c) does not require defendants to produce documents that are subject to a valid claim of privilege; and it is further ORDERED, that, to the extent that defendants contend that any of the documents they are being ordered to produce are subject to a valid claim of privilege, they may withhold production of those documents, but must provide plaintiff with a privilege log in compliance with Fed. R. Civ. P. 26(b)(5); and it is further ORDERED, that defendants cross motion (Dkt. No. 56) is DENIED. IT IS SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 8/18/2020. (khr) |
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GPO
May 05 2021
C are appointed as co-counsel to the Class. IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/5/2021. (khr)MEMORANDUM-DECISION and ORDER granting 74 Motion to Certify Class; granting 79 Motion to Certify Class. ORDERED that 1. Cherys motion for class certification is GRANTED; 2. Chery is appointed as representative of the Class; and 3. BES and MKPLL |
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GPO
Jan 20 2022
MEMORANDUM-DECISION and ORDER granting 91 Motion for Summary Judgment; denying 92 Motion for Summary Judgment; denying 93 Motion. ORDERED that 1. Defendants motion to exclude plaintiffs expert is DENIED; 2. Defendants motion for summary judgment is DENIED; 3. Plaintiffs motion for summary judgment with regard to the New York General Business Law § 349 claim is GRANTED; 4. The parties are directed to meet and confer within 30 days of the date of this Decision to determine whether a total settlement can be reached as to all of the causes of action; 5. The parties are further directed to provide a status report to the Court within 60 days of the date of this Decision; and 6. If no total settlement or global resolution of the claims can be reached, the Court will at that time (a) enter a judgment in favor of the Class as to liability on the New York General Business Law § 349 claim and (b) set a date certain for a trial on damages and any remaining causes of action if necessary. IT IS SO ORDERED. Signed by Judge David N. Hurd on 1/20/2022. (khr) |
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GPO
Jul 26 2022
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting 105 Motion. A Settlement Fairness Hearing is SCHEDULED to be held before this Court on Thursday, December 1st, 2022, at 1:00 p.m. at the United States District Court, Northern District of New York, Alexander Pirnie Federal Building and U.S. Courthouse, 10 Broad Street, Utica, New York, 13501. Signed by Judge David N. Hurd on 7/26/2022. (khr) |
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GPO
Dec 02 2022
FINAL ORDER APPROVING CLASS ACTION SETTLEMENT granting 107 Motion.ORDERED that 1. The motion for final approval is GRANTED; 2. The form, content, and method of dissemination of the Notices1 given to the Class was adequate and reasonable and constituted the best notice practicable under the circumstances, including individual first-class mailed notices to all Class Members who could be identified through reasonable effort; 3. The Notice, as given, complied with the requirements of Rule 23 of the Federal Rules of Civil Procedure, satisfied the requirements of due process, and constituted due and sufficient notice; 4. The Settlement set forth in the Stipulation is fair, reasonable, and adequate, and in the best interests of the Class, particularly in light of the fact that (a) the Settlement was negotiated vigorously, in good faith, and at arms length by plaintiff and his experienced counsel on behalf of the Class;(b) the matter settled only after extensive negotiations conducted under the auspices of a retired U.S. Magistrate Judge; (c) required full briefing and contested motion practice at various stages of the litigation, as set forth supra; (d) involved substantial discovery, including the depositions of four expert witnesses, and motion practice as to same; and (e) in the event the Settlement had not been achieved, both parties faced considerable expense, risk, burdens, and uncertainty of continued litigation; 5. The Stipulation and Settlement are APPROVED as final, fair, reasonable, and adequate; 6. The Settlement shall be CONSUMMATED in accordance with the terms and provisions of the Stipulation; 7. Plaintiff, all Class Members, and defendants are bound by the terms of the Settlement as set forth in the Stipulation; 8. The Action and all claims that are or have ever been contained therein, as well as all of the Released Claims, are DISMISSED WITH PREJUDICE as to Plaintiff, the Class Members, and all other Releasing Parties; 9. The parties are to bear their own costs except as otherwise provided in the Stipulation; 10. All Released Defendants as defined in the Stipulation are RELEASED in accordance with, and as defined in, the Stipulation; 11. Upon the Effective Date of the Settlement, Plaintiff and all Class Members, on behalf of themselves and of each of the Releasing Parties, shall be deemed to have, and by operation of this Final Judgment shall have, fully, finally, and forever waived, released, relinquished, and discharged all Released Claims against the Released Defendants, regardless of whether such Class Member cashes a settlement check or executes and delivers a Verification; 12. Upon the Effective Date of the Settlement, each of the Defendants shall be deemed to have, and by operation of this Final Judgment, shall have fully, finally, and forever released and discharged Plaintiff, Plaintiffs Counsel, and each and all of the Class Members from any and all claims relating to the institution, prosecution, or settlement of: (a) the Action or (b) the Released Claims; 13. Nothing in this Final Judgment shall operate or be construed to release any claims or rights Defendants have to recover any past, present, or future amounts that may be owed by Plaintiff or Class Members on his/her accounts, loans, or any other debts owed to or serviced by Defendants, pursuant to the terms and conditions of such accounts, loans, or any other debts; 14. All Class Members who have not made timely objections to the Settlement or Motion for Attorneys Fees, Expenses, and Class Representative Service Award in the manner provided for in the Notices are deemed to have waived any objections by appeal, collateral attack, or otherwise; 15. All Class Members who did not timely exclude themselves from the Class are bound by the terms and conditions of the Stipulation and this Final Judgment and release and forever discharge the Released Defendants from all Released Claims as provided for in the Stipulation and this Order; 16. Plaintiffs Counsel are awarded attorneys fees in the amount of$1,083,333.33, which sum the Court finds to be fair and reasonable, and are awarded reimbursement of expenses in the amount of $72,667.11, both of which sums shall be paid from the Settlement Amount; 17. The Court finds that an award to Plaintiff for his time and efforts2 in representing the Class in the prosecution of this Action is fair and reasonable, and thus awards $25,000.00 to the Plaintiff from the Settlement Amount; 18. All other provisions of the Stipulation are incorporated into this Final Judgment as if fully reproduced in this Order; 19. Plaintiff, all Class Members, and all other Releasing Parties are BARRED AND PERMANENTLY ENJOINED from instituting, commencing, maintaining, or prosecuting in any court or tribunal any of the Released Claims against any of the Released Defendants; 20. Defendants and their successors or assigns are BARRED AND PERMANENTLY ENJOINED from instituting, commencing, maintaining, or prosecuting any claims relating to the institution, prosecution, or settlement of: (a) the Action or (b) the Released Claims against Plaintiff, Class Members, or Plaintiffs Counsel; 21. The Plan of Allocation as set forth in the Notices is APPROVED as fair and reasonable; 22. Plaintiffs Counsel are directed to arrange for the administration of the Settlement and payments to Eligible Class Members in accordance with its terms and conditions; 23. Any modification or change in the Plan of Allocation that may hereafter be approved shall in no way disturb or affect this Final Judgment or the released provided in this Order and shall be considered separate from this Final Judgment; 24. The Court decrees that neither the Stipulation nor this Final Judgment, nor even the fact of the Settlement is an admission or concession by the Released Defendants, or any of them, of any liability or wrongdoing; 25. The Court further decrees that this Final Judgment is not a finding of the validity or invalidity of any of the claims asserted or defenses raised int he Action; 26. The Action is DISMISSED WITH PREJUDICE; 27. The Court retains jurisdiction over compliance with the Stipulation and this Final Judgment; and 28. The Clerk of Court is directed to enter a Final Judgment accordingly, terminate the pending motions, and close the file. IT IS SO ORDERED. Signed by Judge David N. Hurd on 12/2/2022. (khr) |
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GPO
Mar 27 2023
ORDER AUTHORIZING DISTRIBUTION OF NET SETTLEMENT FUND granting 113 Motion for Disbursement of Funds. IT IS HEREBY ORDERED that: 1. Lead Plaintiffs Unopposed Motion for Authorization to Distribute Net Settlement Fund is GRANTED. 2. This Order incorporates by reference the definitions in the Settlement and the Stinehart Declaration and all capitalized terms used in this Order shall have the same meanings as defined in the Stipulation or in the Stinehart Declaration. 3. This Court has continuing jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. 4. Lead Plaintiffs proposed plan for distribution of the Net Settlement Fund to Authorized Claimants is APPROVED. Accordingly: a) The administrative recommendations of the Court-approved Claims Administrator, Rust Consulting, Inc. (Rust), to accept the Timely Eligible Claims stated in the Stinehart Declaration and the Late But Otherwise Eligible Claims, are adopted; b) Rust is directed to conduct a Distribution of the Net Settlement Fund (the Initial Distribution), after deducting all payments previously allowed and the payments approved by this Order, and after deducting any taxes, the costs of preparing appropriate tax returns, and any escrow fees in accordance with the Court-approved Plan of Allocation. c) To encourage Authorized Claimants to deposit their checks promptly, all Distribution checks will bear or be accompanied by the following (or substantially similar) notation: DEPOSIT PROMPTLY; VOID IF NOT NEGOTIATED WITHIN 120 DAYS OF DISTRIBUTION; d) Authorized Claimants that do not negotiate their Initial Distribution checks within the time allotted or according to the conditions set forth in the Stinehart Declaration will irrevocably forfeit all recovery from the Settlement. e) Upon the expiration of 120 days after the distribution of Cash Awards to Eligible Class Members, the amounts representing the Net Settlement Amount that have not been claimed, cashed, or were unable to be delivered despite the Claims Administrators good-faith efforts, will be refunded to CES. f) One year after the Distribution, Rust will destroy paper copies of the Claims and all supporting documentation. 5. Rust shall be paid the outstanding balance of its fees and expenses in connection with the services performed, and to be performed, in administering the Claim Forms and distributing the Net Settlement Fund. 6. All persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the Claims submitted, or who are otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund, are hereby released and discharged from any and all claims arising out of that involvement, and all Settlement Class Members and other Claimants, whether or not they receive payment from the Net Settlement Fund, are hereby barred from making any further claims against the Net Settlement Fund, Lead Plaintiffs, Lead Counsel, the Claims Administrator, the Escrow Agent, or any other agent retained by Lead Plaintiffs or Lead Counsel in connection with the administration or taxation of the Settlement Fund or the Net Settlement Fund, or any other person released under the Settlement beyond the amounts allocated to Authorized Claimants. 7. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and any other and further relief that this Court deems appropriate. SO ORDERED this 27th day of March 2023. Signed by Judge David N. Hurd on 3/27/2023. (khr) |
| Docket last updated: 02/03/2025 11:59 PM EST |
| Monday, March 27, 2023 | ||
| 114 | 114
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order
Order on Motion for Disbursement of Funds
Mon 03/27 9:19 AM
ORDER AUTHORIZING DISTRIBUTION OF NET SETTLEMENT FUND granting113 Motion for Disbursement of Funds. IT IS HEREBY ORDERED that: 1. Lead Plaintiffs Unopposed Motion for Authorization to Distribute Net Settlement Fund is GRANTED. 2. This Order incorporates by reference the definitions in the Settlement and the Stinehart Declaration and all capitalized terms used in this Order shall have the same meanings as defined in the Stipulation or in the Stinehart Declaration. 3. This Court has continuing jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. 4. Lead Plaintiffs proposed plan for distribution of the Net Settlement Fund to Authorized Claimants is APPROVED. Accordingly: a) The administrative recommendations of the Court-approved Claims Administrator, Rust Consulting, Inc. (Rust), to accept the Timely Eligible Claims stated in the Stinehart Declaration and the Late But Otherwise Eligible Claims, are adopted; b) Rust is directed to conduct a Distribution of the Net Settlement Fund (the Initial Distribution), after deducting all payments previously allowed and the payments approved by this Order, and after deducting any taxes, the costs of preparing appropriate tax returns, and any escrow fees in accordance with the Court-approved Plan of Allocation. c) To encourage Authorized Claimants to deposit their checks promptly, all Distribution checks will bear or be accompanied by the following (or substantially similar) notation: DEPOSIT PROMPTLY; VOID IF NOT NEGOTIATED WITHIN 120 DAYS OF DISTRIBUTION; d) Authorized Claimants that do not negotiate their Initial Distribution checks within the time allotted or according to the conditions set forth in the Stinehart Declaration will irrevocably forfeit all recovery from the Settlement. e) Upon the expiration of 120 days after the distribution of Cash Awards to Eligible Class Members, the amounts representing the Net Settlement Amount that have not been claimed, cashed, or were unable to be delivered despite the Claims Administrators good-faith efforts, will be refunded to CES. f) One year after the Distribution, Rust will destroy paper copies of the Claims and all supporting documentation. 5. Rust shall be paid the outstanding balance of its fees and expenses in connection with the services performed, and to be performed, in administering the Claim Forms and distributing the Net Settlement Fund. 6. All persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the Claims submitted, or who are otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund, are hereby released and discharged from any and all claims arising out of that involvement, and all Settlement Class Members and other Claimants, whether or not they receive payment from the Net Settlement Fund, are hereby barred from making any further claims against the Net Settlement Fund, Lead Plaintiffs, Lead Counsel, the Claims Administrator, the Escrow Agent, or any other agent retained by Lead Plaintiffs or Lead Counsel in connection with the administration or taxation of the Settlement Fund or the Net Settlement Fund, or any other person released under the Settlement beyond the amounts allocated to Authorized Claimants. 7. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and any other and further relief that this Court deems appropriate. SO ORDERED this 27th day of March 2023. Signed by Judge David N. Hurd on 3/27/2023. (khr) |
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