United States District Court, E.D. New York
Frank Steven Tate, Esq., N. Massapequa, NY, Attorney for the Plaintiff.
Adam M. Peska, Esq., Of Counsel Goodfarb & Sandercock, LLP, White Plains, New York, Attorneys for the Defendant.
DECISION & ORDER
ARTHUR D. SPATT, District Judge.
On October 18, 2012, the Plaintiff HICA Education Loan Corporation ("HICA") commenced this action against the Defendant Ana J. Romeo a/k/a Ana I. Romeo a/k/a Ana I. Romeo-Lopez (the "Defendant"), alleging failure to satisfy certain promissory notes.
Presently pending before the Court is a motion by the Plaintiff for summary judgment pursuant to Federal Rules Civil Procedure ("Fed. R. Civ. P.") 56 and an award of damages.
However, sua sponte, the Court finds that it lacks subject matter jurisdiction over this action. Therefore, the complaint is dismissed without prejudice to re-file in state court and the motion for summary judgment is denied as moot.
Unless stated otherwise, the following facts are drawn from the parties' Rule 56.1 Statements and Exhibits and construed in a light most favorable to the non-moving party, the Defendant.
A. The Parties
HICA is a corporation organized, chartered, and existing under the laws of South Dakota.
The Defendant is a citizen of the State of New York and maintains a residence at 126 4th Avenue, Brooklyn, Kings County, New York 11217.
B. The Underlying Promissory Notes
From 1985 to 1988, the Defendant executed four promissory notes with the original note holder, the federal Student Loan Marketing Association ("Sallie Mae"). According to the Plaintiff, such notes were "sold, transferred, and assigned" to HICA by Sallie Mae.
The notes were executed under the Health Education Assistance Loan ("HEAL") program, see 42 U.S.C. § 292, which the federal government created to "assist students seeking educational training in medical fields, and the loans are insured by the United States Department of Health and Human ...