13 Firms Plan to Oppose ED Motion to Dismiss Debt Collection Litigation

The judge in the case of FMS v. USA (Department of Education or ED) set a deadline of last Friday for all parties to notify the court whether they intended to oppose ED’s motion to dismiss the case. ED is seeking to end the litigation in light of its cancellation of the contested solicitation for unrestricted private debt collection contractors. Unfortunately for ED, the matter isn’t going away just yet.

Here is the scorecard as of the Friday deadline:

To encourage a quick resolution to the motion to dismiss, the court ordered all parties to file their responses to ED’s motion on or before this Friday, May 18; the Government is then ordered to file its reply by Wednesday May 23. Based on this Judge Wheelers past actions, we can expect a fast turnaround.

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