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Consumer Credit | New York Southern
Order
ORDER OF DISMISSAL: The Court having been advised at ECF No. 63 that all claims asserted herein have been settled in principle between Plaintiff and Defendant GM Financial, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs as to Defendant GM Financial, and without prejudice to the right to reopen the action within 60 days of the date of this Order if the settlement is not consummated.To be clear, any application to reopen as to GM Financial m ust be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted.If the parties wish for the Court to retain juri sdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Section 6(a) of the Court's Individual Rules and Pra ctices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.Any pending motions from GM Financial are moot. Accordingly, the Clerk of Court is directed to terminate the pending motion to dismiss at ECF No. 62. (Signed by Judge Jessica G. L. Clarke on 9/25/2026) (rro)
Consumer Credit | New York Eastern
Order on Motion for Pre Motion Conference
ORDER denying 22 Motion for Pre-Motion Conference: Defendant Maximus Education, LLC d/b/a Aidvantage's ("Aidvantage") 22 pre-motion conference request on an anticipated motion to dismiss is denied. Instead, the Court sets the following briefing schedule: Aidvantage shall serve moving papers and file a cover letter confirming service on the docket by October 26, 2026; Plaintiff shall serve an opposition by November 25, 2026; and Aidvantage shall serve a reply, if any, and file the fully briefed motion on the docket by December 9, 2026. As a courtesy to the Court, the parties shall refrain from filing moving papers on the docket until the motion is fully briefed. See Individual Practices and Rules § III.G. Ordered by Judge Orelia E. Merchant on 9/24/2026. (MMP)
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