Navient Solutions, LLC v. The Law Offices of Jeffrey Lohman, et al, No. 1:2019cv00461 - Document 214 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 4/14/2020. (dvanm, )
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Navient Solutions, LLC v. The Law Offices of Jeffrey Lohman, et al Doc. 214 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division NAVIENT SOLUTIONS,LLC, Plaintiff, l:19-cv-461 (LMB/TCB) THE LAW OFFICES OF JEFFREY LOHMAN, et al.. Defendants. MEMORANDUM OPINION Before the Court is a Motion to Dismiss("Motion") plaintiff Navient Solutions, LLC's ("plaintiff or "Navient") Second Amended Complaint filed by defendants Bill Carlson ("Carlson"), R.J. Marshall ("Marshall"), and Marmy Kashto ("Kashto,")(collectively "the defendants"), who argue that the complaint should be dismissed under Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) for lack of personal jurisdiction and failure to state a claim upon which relief can be granted. Plaintiff has filed a brief in opposition, and defendants have filed a reply brief. Because oral argument will not assist the decisional process, the Motion will be resolved on the papers submitted. For the following reasons, the Motion will be denied. I. BACKGROUND On December 13, 2020, plaintiff filed its Second Amended Complaint("Complaint"), in which it alleges that numerous defendants conspired together to defraud it out of millions of dollars in outstanding student loan debt.[See Dkt. 100]. The conspiracy allegedly included manufacturing federal lawsuits and arbitration claims against plaintiff for purported violations of the Telephone Consumer Protection Act("TCPA"). Id Although "no substantive changes" were made "with respect to the existing [djefendants," the Complaint added "nine individual Dockets.Justia.com
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