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FENSTERSTOCK v. EDUCATION FINANCE PARTNERS

No. 08 Civ. 3622 (TPG).

618 F.Supp.2d 276 (2009)

Joshua G. FENSTERSTOCK, Plaintiff, v. EDUCATION FINANCE PARTNERS and Affiliated Computer Services, Defendants.

United States District Court, S.D. New York.

March 24, 2009.

Attorney(s) appearing for the Case

Alan Edward Sash, McLaughlin and Stern, LLP, Karin Elizabeth Fisch, Orin Robert Kurtz, Abbey Spanier Rodd Abrams & Paradis, LLP, New York, NY, for Plaintiff.

Michelle Ognibene, Noah Adam Levine, Wilmer Cutler Pickering Hale & Dorr L.L.P., Washington, DC, Edward Kevin Lenci, Hinshaw & Culbertson LLP, New York, NY, for Defendants.

OPINION

THOMAS P. GRIESA, District Judge.

Plaintiff Joshua Fensterstock claims, on behalf of a class, that defendants improperly apply an undisclosed fee to his student loan. Defendant Affiliated Computer Systems ("ACS") has moved to stay this action and to compel plaintiff to arbitrate his claims. Defendant Education Finance Partners ("EFP") has joined the motion. Plaintiff opposes the motion.

The motion is denied.

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