Breaking: Judge Dismisses Cases in FMS v. ED

This afternoon Judge Thomas C. Wheeler of the U.S. Court of Federal Claims granted the Department of Education's (ED) motion to dismiss the case of FMS v. USA as moot, and lifted the February 26, 2018 preliminary injunction that prevented ED from recalling in-repayment accounts.

Here is an excerpt from the Order published today:

For reasons to be explained in a more substantive Opinion in the coming days, the Court GRANTS the Government’s motion to dismiss, LIFTS the February 26, 2018 PI, DENIES Plaintiffs’ motions for leave to file supplemental pleadings, and DENIES Performant’s motion for partial dismissal as MOOT. The Clerk is directed to dismiss Plaintiffs’ complaints without prejudice. No Costs. For the sake of judicial continuity and efficiency, any new protests that may be filed challenging ED’s decision to cancel the solicitation should indicate that they are related to the FMS Investment Corp. line of cases.

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