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Sparrow v. SLM Corporation
State: Maryland
Court: Maryland District Court
Case Date: 01/07/2009
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GAIL MARIE BROWN SPARROW, Plaintiff, v. SLM CORPORATION, et al. Defendants. * * * * * * * * *

Civil Case No. RWT 08-00012

MEMORANDUM OPINION This case arises out of a dispute concerning various fees and interest rates associated with the issuance and administration of several student loans by Defendant Sallie Mae Inc.1 Plaintiff Gail Marie Brown Sparrow contends that Defendant Salle Mae Inc. ("Sallie Mae") breached its statutory and contractual duties during its initial funding and continuing administration of her son's student loan accounts and its subsequent reporting of "derogatory events" to the three national credit reporting services that negatively impacted Plaintiff's credit history. Plaintiff also contends that she is entitled to relief under state claims for negligence and intentional infliction of emotional distress. Defendant Sallie Mae has filed a Motion to Dismiss, or in the Alternative, for a More Definite Statement. Because Plaintiff has failed to state a claim under the two counts of her complaint, Defendant's Motion to Dismiss will be granted. I. PROCEDURAL HISTORY Plaintiff filed her Complaint [Paper No. 1] on January 3, 2008. Defendant Sallie Mae

Defendant Sallie Mae Inc. asserts that Defendant SLM Corporation "is not a proper party to this action because it does not service loans and is merely a holding company that owns Sallie Mae, Inc." Def.'s Mot. to Dismiss First Am. Compl. at 1 n.1. Accordingly, the Court will refer to Sallie Mae as the singular Defendant in the case. 1

1

moved to dismiss or, in the alternative, for a more definite statement on February 25, 2008. [Paper No.4]. Plaintiff then filed an Amended Complaint on March 10, 2008. [Paper No. 6]. Defendant Sallie Mae again moved to dismiss or, in the alternative, for a more definite statement on March 31, 2008. [Paper No. 7]. Plaintiff filed her Opposition on April 21, 2008.2 [Paper No. 9]. Defendant filed its Reply on May 5, 2008. [Paper No. 10]. Before the Court is Defendant's Motion to Dismiss the First Amended Complaint, or in the Alternative, for a More Definite Statement [Paper No. 7] on the two counts contained in Plaintiff's Amended Complaint. II. FACTUAL BACKGROUND In January 2001, Plaintiff applied for and received a student loan for her son Kingsley E. Brown that was administered by Defendant Sallie Mae. Compl.
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