BENAVENTE v. NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-3

JOINT MOTION TO TRANSFER AND CONSOLIDATE CLASS ACTION CASE

CAM FERENBACH, Magistrate Judge.

IT IS HEREBY STIPULATED AND CONSENTED BY AND BETWEEN THE PARTIES, Plaintiffs Tricia Benavente and Andresina Benavente ("Plaintiffs") and Defendants National Collegiate Student Loan Trust 2007-3 and the Law Offices of Patenaude & Felix, A.P.C. ("Defendants"), through undersigned counsel, to transfer the above-referenced case entitled Benavente v. National Collegiate Student Loan Trust 2007-3, et al., Case No. 14-CV-01992-GMN-VCF (D. Nev) to the U.S. District Court for the Southern District of California, and to consolidate the action with the pending action entitled Zoerb v. National Collegiate Student Loan Trust 2006-3, et al., Case No. 14-cv-00468-BAS-KSC (S.D. Cal.).

WHEREAS, for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. 28 U.S.C. § 1404(a).

WHEREAS the civil action filed by Plaintiffs involves common defendants and common questions of law and fact as to Zoerb v. National Collegiate Student Loan Trust 2006-3 et al., Case No. 14-cv-00468-BAS-KSC (S.D. Cal.).

WHEREAS all parties are actively engaging in good faith settlement negotiations.

WHEREAS all parties have recently reached a tentative settlement agreement in Zoerb v. National Collegiate Student Loan Trust 2006-3 et al., Case No. 14-cv-00468-BAS-KSC (S.D. Cal.), which seeks to include the claims raised by Plaintiffs.

WHEREAS, upon transfer, Plaintiffs' class action case should be consolidated under Zoerb v. National Collegiate Student Loan Trust 2006-3 et al., Case No. 14-cv-00468-BAS-KSC (S.D. Cal.).

WHEREAS counsel for Plaintiffs and Defendants certify by their signatures below that upon filing this document it has been deemed acceptable to all persons required to sign, and each have authorized the use of their electronic signature.

IT IS SO STIPULATED.

The Clerk of Court is directed to close this case.

ORDER

IT IS SO ORDERED.