Zarder v. Texas Guaranteed Student Loan Corporation

Western District of Texas, txwd-5:2018-cv-01059

ORDER GRANTING {{19}} Motion for Reconsideration and/or Amend the Courts Dismissal Order. Signed by Judge David A. Ezra.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MATTHEW THOMAS ZARDER, § No. 5:18-CV-1059-DAE § Plaintiff, § § vs. § § TEXAS GUARANTEED STUDENT § LOAN CORPORATION, a/k/a Trellis § Company, § § Defendant. § ________________________________ § ORDER GRANTING DEFENDANT'S MOTION FOR RECONSIDERATION AND AMENDING THE COURT'S DISMISSAL ORDER Before the Court is Defendant Texas Guaranteed Student Loan Corporation a/k/a Trellis Company's ("Trellis") Motion to Reconsider and/or Amend the Court's Dismissal Order (the "Motion") (Dkt. No. 17). Following Plaintiff's Motion to Dismiss this case without prejudice (Dkt. No. 15) and the Court's order granting same (Dkt. No. 16), Trellis' Motion requests that the Court amend the dismissal order to impose certain conditions on Plaintiff Matthew Thomas Zarder ("Plaintiff") in the event this case is re-filed. Having considered Trellis' Motion, the Court GRANTS the Motion as follows: 1. In the event Plaintiff elects to re-file his claim against Trellis, he must do so in the United States District Court for the Western District of Texas; 2. In the event Plaintiff elects to re-file his claim against Trellis, his lawsuit may assert only the TCPA claim that was remaining at the time this lawsuit was dismissed; and 3. If, and only if, Plaintiff elects to re-file his claim against Trellis, the Court will entertain a motion for costs and attorneys' fees incurred by Trellis in defending this case prior to Plaintiff's motion to dismiss. Having imposed the above conditions, the Court further ORDERS that this lawsuit is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. DATED: San Antonio, Texas, September 5, 2019. _____________________________________ David Alan Ezra Senior United States Distict Judge 2