Hatch v. College Ave Student Loans

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

question regarding the application of section 523(a)(8)(A) 1681i(a)), IV (willful violation of 15 U.S.C. § 1681i(a)), (i)”. Mader v. Equifax Info. Sols., Inc., 56 F.4th 264, 270 V (negligent violation of 15 U.S.C. § 1681e(b)), and VI (2d Cir. 2023) (plaintiff failed to allege an inaccuracy within (willful violation of 15 U.S.C. § 1681e(b)) are dismissed with the plain meaning of section 1681(e)(b) and the unresolved prejudice. Separately, the Court orders Plaintiff's counsel, legal question rendered his claim non-cognizable under the Attorney Heather Hersh, to show cause on April 9, 2026 at FCRA). This determination about Plaintiff's student loan 1:30 p.m. on why she should not be sanctioned pursuant to debt is outside the purview of Equifax. Chuluunbat, 4 (1) Rule 11(b)(2), (2) 28 U.S.C. § 1927, and (3) the inherent F.4th at 568; see also Denan, 959 F.3d at 297; Williams v. power of the Court, for citing potentially non-existent cases Equifax, 2025 WL 1733183, at *5 (N.D. Ga. June 17, 2025), to the Court in her opposition brief [29] and sur-reply [31]. report and recommendation adopted, No. 1:24-CV-04152- Indeed, the Court is concerned that counsel has misled the LMM-RDC, 2025 WL 2146367 (N.D. Ga. July 15, 2025) Court in citing cases that are nonexistent, or at a minimum, (granting defendant's motion to dismiss because the purported has failed to diligently cite check her submissions. In the event inaccuracy regarding the status of the plaintiff's student that the Court has simply been unable to find the cited cases loan debts would require the CRA to “step into the court's in its research, Plaintiff's counsel shall provide the Court with shoes to interpret section 523(a)(8)(A)(i))”); Johnson v. a true and accurate copy of Horan v. Equifax Info. Servs., TransUnion, No. 122CV02533JPBJKL, 2023 WL 6035573, LLC, No. 8:20-cv-02187-PWG, 2022 WL 2190906 (D. Md. at *4 (N.D. Ga. Aug. 11, 2023), report and recommendation June 17, 2022) and Jones v. TransUnion, LLC, No. 1:15- adopted, No. 1:22-CV-02533-JPB, 2023 WL 9315262 (N.D. cv-00489, 2015 WL 7566685 (N.D. Ill. Nov. 24, 2015). If Ga. Nov. 30, 2023) (“[T]he problem for Plaintiff is the counsel is unable to do so, Plaintiff's counsel shall submit a accuracy of the [disputed student loan debt] hinges entirely sworn declaration explaining to the Court how the opposition on whether the debt was discharged in bankruptcy, which, brief and sur-reply were generated and how counsel came under the circumstances of his case, presents a legal issue to locate Horan and Jones, by April 3, 2026. Show-cause and, therefore, is not actionable under either § 1681e(b) or § hearing set for April 9, 2026, at 1:30 pm via Webex (https:// 1681i.”). us-courts.webex.com/join/mary_rowlandilnd.uscourts.gov).

Authorities cited in the passage: Plaintiff's counsel cited Jones v. TransUnion · Plaintiff's counsel cited Horan v. Equifax Info. Servs · Mader v. Equifax Info. Sols · Johnson v. a true and accurate copy of Horan v. Equifax Info. Servs · Jones v. TransUnion · Rule 11(b)(2)