Stebbins v. EduCap, Inc. et al, No. 1:2014cv00961 - Document 39 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 12/23/2014. (rban, )
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Stebbins v. EduCap, Inc. et al Doc. 39 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division DAVID STEBBINS, Plaintiff, Civil Action No. v. EDUCAP, l:14-cv-961 INC., Defendant MEMORANDUM OPINION THIS MATTER comes before the Court on Defendant's motion for summary judgment. After David Stebbins ("Stebbins" or "Plaintiff') failed to make timely payments on a student loan, the lender, EduCap, ("EduCap" or "Defendant"), Inc. filed suit in Arkansas to collect the unpaid loan balance of $4,444.28 plus interest, attorney fees, and costs. Alleging this ostensibly routine collection action was in fact a violation of the Americans of 1990 ("A.D.A.") with Disabilities Act and malicious prosecution under Arkansas law, Plaintiff filed this lawsuit in which he seeks injunctive relief plus over $10,000,000 in damages. Because Plaintiff has put forth no evidence indicating Defendant's Arkansas lawsuit was anything other than a standard attempt to recover on an unpaid loan, summary judgment in Defendant's favor is appropriate. Dockets.Justia.com
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