Documents

Dieffenbacher v. Devos

02/23/2017

Complaint

On February 23, 2017, Plaintiff filed a complaint after the Department of Education denied her objection to an administrative wage garnishment without offering her a hearing or addressing the evidence that she presented in support of a borrower defense claim.

05/15/2017

Opposition to Motion to Remand

On May 15, 2017, Plaintiff filed a memorandum opposing the Department of Education’s motion for voluntary remand, arguing that remand would be inappropriate because the decision to garnish Plaintiff’s wages was unlawful; the proposed remand admitted no error and offered no guidelines for improved review; and the Plaintiff is suffering ongoing harm.

06/09/2017

Department of Education's Order Denying Motion to Remand

On June 09, 2018, the Department of Education filed a motion for voluntary remand.

11/20/2017

Department of Education's Answer to Complaint for Declaratory and Injunctive Relief

On November 20, 2018, the Department of Education filed an answer to the Compliant for Declaratory and Injunctive Relief.

04/02/2018

Motion for Summary Judgement

On April 02, 2018, Plaintiff filed a motion for summary judgment, asking the Court to declare that the Department of Education’s decision to deny her objection to an administrative wage garnishment violated the Administrative Procedure Act because it was not rationally related to the unrebutted evidence that her loans were unenforceable under borrower defense.

04/02/2018

Department of Education's Motion to Dismiss

On April 02, 2018, the Department of Education filed a motion to dismiss.

04/09/2018

Opposition to Motion to Dismiss

On April 09, 2018, Plaintiff filed an opposition to the Department of Education’s Motion to Dismiss, arguing that the Department’s “Borrower Defense Adjudication Notice” neither rendered Plaintiff’s claim moot nor precluded the relief sought, and that the Department’s denial remains final and reviewable.

04/09/2018

Department of Education's Opposition to Motion for Summary Judgement

On April 9, 2018, the Department of Education filed an opposition to the motion for summary judgement.

04/16/2018

Reply to Opposition to Motion for Summary Judgement

On April 16, 2018, Plaintiff filed a reply to the Department of Education’s opposition to motion for summary judgment, reiterating that Plaintiff is entitled to summary judgment because her loans are not legally enforceable.

04/17/2018

Department of Education's Reply Brief in Support of Dismissal

On April 17, 2018 the Department of Education filed a reply brief in support of dismissal.

05/21/2018

Motion for Reconsideration

On May 21, 2018, Plaintiff filed a notice of and motion for reconsideration of the Court’s decision to grant the Defendant’s motion to dismiss with prejudice, asking the court to reconsider its decision that the case is moot or, alternatively, reconsider its decision to dismiss with prejudice.

07/16/2018

First Amended Complaint

On July 16, 2018, Plaintiff filed a First Amended Complaint challenging the Department of Education’s decision to unlawfully garnish her wages and partially deny her borrower defense claim. Ms. Dieffenbacher ultimately seeks a declaration that her loans are entirely unenforceable.

08/07/2018

Motion to Deem Facts in Plaintiff’s First Amended Complaint Admitted

The Department of Education failed to respond to Plaintiff’s First Amended Complaint and Plaintiff therefore asked the Court to deem the facts in her complaint as admitted.

08/20/2018

Department of Education’s Opposition to Plaintiff’s Motion to Deem Facts Admitted

The Department of Education attempts to defend its late responsive pleading and urges the Court to deny Plaintiff’s request to have the facts in her amended complaint deemed admitted under Fed. R. Civ. P. 8.

08/20/2018

Answer to Amended Complaint

On August 20, 2018, the Department of Education filed its answer to Plaintiff’s First Amended Complaint.