George W. v. United States Department of Education

MEMORANDUM OPINION AND ORDER RE: (1) MOTION TO DISMISS CLAIMS AGAINST DEFENDANT [SECRETARY OF THE] U.S. DEPARTMENT OF EDUCATION (DOC. 37); (2) DEFENDANT TEXAS GUARANTEED STUDENT LOAN CORPORATION’S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 48); and (3) PLAINTIFF GEORGE W. MOTION FOR PARTIAL DECLARATORY JUDGMENT ON THE PLEADINGS (DOC. 53)

Before the court are (1) defendant [Secretary of the] United States Department of Education’s (“Department”) motion to dismiss, filed April 6, 2000; (2) defendant Texas Guaranteed Student Loan Corporation’s (“TGSLC”) motion for judgment on the pleadings, filed April 19, 2000; and (3) plaintiff George W. (“George W.”) motion for partial declaratory judgment on the pleadings, filed May 1, 2000. TGSLC filed a request for judicial notice along with its motion. George W. filed his opposition to the Department’s and TGSLC’s motions May 15, 2000. The Department filed its opposition to George W.’s motion May 19, 2000, and TGSLC filed its opposition to George W.’s motion May 22, 2000. The Department replied May 26, 2000, TGSLC replied May 30, 2000, and George W. replied May 26, 2000.

I. BACKGROUND

George W. sues the Department and TGSLC (“Defendants”)…