United States of America v. Jimenez, No. 1:2015cv01638 - Document 10 (E.D. Cal. 2016)
Court Description: MEMORANDUM DECISION and ORDER re Plaintiff's Motion to Dismiss 9 , signed by District Judge Lawrence J. O'Neill on 4/1/16. (Verduzco, M)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, Plaintiff, 10 11 12 13 1:15-cv-1638-LJO-SAB MEMORANDUM DECISION AND ORDER RE PLAINTIFF’S MOTION TO DISMISS (Doc. 9) v. YOLANDA JIMENEZ, Defendant. 14 15 16 17 Irsfeld, Irsfeld & Younger, LLP (“Irsfeld”), purportedly on behalf of the United States of America (specifically, the Department of Education (“DOE”)), brings this suit to collect on Defendant Yolanda Jimenez’s outstanding debt from a DOE-issued student loan. See Doc. 1. Irsfeld moves under 18 Fed. R. Civ. P. 41(a)(2) to dismiss voluntarily the suit without prejudice because the firm cannot 19 effectuate service on Defendant. Doc. 9 at 2. Irsfeld previously dismissed voluntarily an identical 20 lawsuit against Defendant. Id. 21 Beyond stating that the Court has jurisdiction under 20 U.S.C. § 1080, Irsfeld’s five-paragraph 22 complaint and supporting one-page DOE loan document do not provide any indication that it is 23 authorized to collect Defendant’s debt on behalf of the United States. See Doc. 1 at ¶ 1. The Court 24 therefore ORDERS that, by April 15, 2016, Irsfeld shall provide the Court with appropriate 25 1 1 documentation of its authority to bring the complaint or this case will be dismissed with prejudice. 2 Failure to file this documentation will result in an order to show cause in re contempt. 3 In the meantime, the instant motion will be held in abeyance. 4 5 6 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill April 1, 2016 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2
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