Education Corporation of America et al v. United States Department of Education et al
| Virginia College LLC, New England College of Business and Finance LLC and Education Corporation of America |
| Betsy Devos, United States Department of Education and R&W Rentals, LLC |
| Southern Plaza, LLC |
| Southern Poverty Law Center |
| 2:2018cv01698 |
| October 16, 2018 |
| US District Court for the Northern District of Alabama |
| Abdul K Kallon |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.
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Filing 62
ORDER granting re #55 MOTION of Emmanuelle M Verdieu to Appear Pro Hac Vice filed by Southern Poverty Law Center, #56 MOTION of Joshua D> Rovenger to Appear Pro Hac Vice filed by Southern Poverty Law Center. Signed by Judge Abdul K Kallon on 11/9/2018. (AFS)
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Filing 61
ORDER granting re #43 MOTION for Admission Pro Hac Vice by Brian P. Welch for Putative Intervenor filed by Southern Plaza, LLC. Signed by Judge Abdul K Kallon on 11/9/2018. (AFS)
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| Filing 60 ***Pursuant to Order #59 ***Document Sealed (Attachments: #1 Exhibit 9) (AFS) |
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Filing 59
ORDER re #49 MOTION to Seal Exhibit 9 to Plaintiffs' Opposition to Amicus Curiae Brief is GRANTED; #50 Plaintiffs' Motions for Leave to File Excess Pages in Opposition to the Amicus Curiae Brief is GRANTED; #52 MOTION for Leave to File Reply to the Defendants' Supplemental Memorandum is GRANTED. In accordance with its #58 memorandum opinion, this action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Judge Abdul K Kallon on 11/5/2018. (AFS)
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| Filing 58 MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/5/2018. (AFS) |
| Filing 57 NOTICE of Appearance by Matthew Tae Phillips on behalf of Fair Forest of Greenville, LLC (Phillips, Matthew) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice by Southern Poverty Law Center. (Attachments: #1 Affidavit of Joshua D. Rovenger, #2 Certificates of Good Standing, #3 Proposed Order)(Zampierin, Sara) |
| Filing 55 MOTION for Leave to Appear Pro Hac Vice by Southern Poverty Law Center. (Attachments: #1 Affidavit of Emmanuelle M. Verdieu, #2 Certificate of Good Standing, #3 Proposed Order)(Zampierin, Sara) |
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Filing 54
ORDER the court construes the plaintiffs' Unopposed #15 MOTION to Correct Exhibits, as a motion to seal plaintiffs' exhibits 1-5 and 2-4, and GRANTS the motion to seal. The court GRANTS plaintiffs' #26 MOTION to Correct Exhibits. Accordingly, the court deems page 2 of doc. 26-1 to place page 19 of doc. 24-2, and page 3 of doc. 26-1 to replace page 27 of doc. 24-2. Signed by Judge Abdul K Kallon on 11/5/2018. (AFS)
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| PHV Fee paid: $50.00, receipt number B4601093230 (AFS) |
| PHV Fee paid: $50.00, receipt number 1126-3211198 ALND rec# B4601093229. (Zampierin, Sara) Modified on 11/5/2018 (AFS). |
| Filing 53 REPLY to re #48 to United States' Supplemental Memorandum in Opposition to Plaintiffs Motion for Appointment of a Receiver and for Injunctive Relief filed by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cleveland, Ollie) |
| Filing 52 MOTION for Leave to File Reply to the Defendants' Supplemental Memorandum in Opposition to Plaintiffs Motion for Appointment of a Receiver and for Injunctive Relief by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Cleveland, Ollie) |
| Filing 51 Opposition to re #45 Amicus Curiae Brief filed by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Cleveland, Ollie) |
| Filing 50 MOTION for Leave to File Excess Pages for Opposition to the Amicus Curiae Brief by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Cleveland, Ollie) |
| Filing 49 MOTION to Seal Exhibit 9 to Plaintiffs' Opposition to Amicus Curiae Brief by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Cleveland, Ollie) |
| Filing 48 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction (Supplemental Brief) filed by Betsy Devos, United States Department of Education. (Pham, Danielle) |
| Filing 47 NOTICE of Appearance by Robert H Adams on behalf of Collegiate Admission & Retention Solutions, LLC (Adams, Robert) |
| Filing 46 NOTICE of Appearance by Brenda T Cubbage on behalf of Kennington Valley View LLC (Cubbage, Brenda) |
| Filing 45 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction Amicus Curiae Brief filed by Southern Poverty Law Center. (Zampierin, Sara) |
| Filing 44 NOTICE of Appearance by John D Elrod on behalf of EC Chandler Refi 2017, LLC and Warner Chandler 2017 LLC (Elrod, John) |
| PHV Fee paid: $50.00, receipt number B4601093125 re #43 MOTION for Leave to File Application for Admission PHV (AFS) |
| Filing 43 MOTION for Leave to File Application for Admission Pro Hac Vice by Brian P. Welch for Putative Intervenor by Southern Plaza, LLC. (Attachments: #1 Exhibit Exhibit A to Application for Admission Pro Hac Vice by Brian P. Welch)(Turner, Michael) |
| Filing 42 MOTION to Intervene of Landlord, Southern Plaza, LLC, and for Related Relief to Excuse Compliance with the Pleading Requirement of Rule 24(c) of the Federal Rules of Civil Procedure by Southern Plaza, LLC. (Turner, Michael) |
| Filing 41 NOTICE of Appearance by Patrick L Lowther on behalf of Las Vegas Associates, LLLP (Lowther, Patrick) |
| Filing 40 NOTICE of Appearance by Joshua H Threadcraft on behalf of Kaplan Higher Education LLC, Kaplan Inc (Threadcraft, Joshua) |
| Filing 39 Exhibit List by EC Chandler REfi 2017, LLC and Warner Chandler 2017, LLC. (Attachments: #1 Exhibit Redacted exhibit)(KSS) |
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Filing 38
ORDER In accordance with Rule 65(b)(2) of the FRCP, this #12 Order, shall be EXTENDED by seven (7) days to and including November 5, 2018, in accordance herewith, the temporary injunction will expire at 5:00 p.m. Central Standard Time on November 5, 2018. Signed by Judge Abdul K Kallon on 10/29/2018. (KSS)
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Filing 37
ORDER granting #28 Motion for Admission Pro Hac Vice. Signed by Judge Abdul K Kallon on 10/29/2018. (AFS)
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Filing 36
ORDER granting #23 Motion for Admission Pro Hac Vice. Signed by Judge Abdul K Kallon on 10/29/2018. (AFS)
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| Filing 35 MOTION for Joinder OF PIONEER INDUSTRIAL LLC AND PIONEER PARKING LOT, LLC TO NATIONAL RETAIL PROPERTIES, LPS MEMORANDUM IN OPPOSITION TO EMERGENCY MOTION FOR THE APPOINTMENT OF A RECEIVER AND ENTRY OF A TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF by Pioneer Industrial, LLC, Pioneer Parking Lot, LLC. (Campbell, Andrew) |
| Filing 34 Transcript of Proceedings held on 10/18/2018, before Judge Abdul K. Kallon. Court Reporter/Transcriber Sabrina Lewis. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/19/2018. Redacted Transcript Deadline set for 11/29/2018. Release of Transcript Restriction set for 1/27/2019. (AFS) |
| Filing 33 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by Gleneagles Office, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gilchrist, Wesley) |
| Filing 32 JOINDER in re #2 filed by Gulf States Properties, Inc.. (Attachments: #1 Exhibit Declaration in Support of Joinder)(Childs, Larry) |
| Filing 31 NOTICE by R&W Rentals, LLC of Appearance on behalf of Lessor R&W Rentals, LLC (Griffin, Thomas) |
| Filing 30 NOTICE of Appearance by Lee R Benton on behalf of National Retail Properties, LP (Benton, Lee) |
| PHV Fee paid: $50.00, receipt number B4601093067 re #23 (AFS) |
| Minute Entry for proceedings held before Judge Abdul K Kallon: Hearing held on 10/29/2018 Court heard arguments. Exhibit 1-Redacted document made part of the record. Parties participated by phone. Order to be entered by the court. (Court Reporter Sabrina Lewis) (KSS) |
| Filing 29 Memorandum in Support of Plaintiffs' Emergency Motion for Receiver and Preliminary Injunction. (Attachments: #1 Exhibit 1 Declaration of Yael D. Aufgang)(Joseph, Joe) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Motion for Admission Pro Hac Vice of Jeremy P. Cole by Kaplan Higher Education LLC, Kaplan Inc. (Joseph, Joe) |
| Filing 27 NOTICE of Appearance by Joe A Joseph on behalf of Kaplan Inc, Kaplan Higher Education LLC (Joseph, Joe) |
| Filing 26 MOTION to Amend/Correct #24 Reply Brief, (Supplemental Declaration of M. Ranchino, filed at D.E. 24-2) by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit 1)(Cleveland, Ollie) |
| PHV Fee paid: $50.00, (ALND B4601093066)receipt number 1126-3205284. (Joseph, Joe) Modified on 10/30/2018 (AFS). |
| Filing 25 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by National Retail Properties, LP. (Morris, Brenton) |
| Filing 24 REPLY Brief filed by Plaintiffs Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC re: #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cleveland, Ollie) **Pursuant to Order #54 court deems page 2 of doc. 26-1 to replace page 19 of doc. 24-2, and page 3 of doc. 26-1 to replace page 27 of doc. 24-2.Modified on 11/5/2018 (AFS). |
| Filing 23 MOTION Leave to Appear Pro Hac Vice by BSF Richmond, L.P.. (Attachments: #1 Affidavit Certification of Michael M. Eidelman)(Prueter, Charles) |
| Filing 22 NOTICE of Appearance by Charles Walton Prueter on behalf of BSF Richmond, L.P. (Prueter, Charles) |
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Filing 21
ORDER - This matter is before the court on the parties joint motion for leave to file additional pages. Doc. 17. The motion is GRANTED. The defendants may exceed the courts page limitation for their response brief by 12 pages, for a total of 27 pages. The plaintiffs may exceed the courts page limitation for their reply brief by 10 pages, or a total of 15 pages. Signed by Judge Abdul K Kallon on 10/26/2018. (KEK)
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| Filing 20 JOINDER in re #2 filed by BSF Richmond, L.P.. (Childs, Larry) |
| Filing 19 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by Betsy Devos, United States Department of Education. (Attachments: #1 Affidavit Declaration of Shari Mecca, #2 Affidavit Declaration of Rhonda Puffer)(Jacobson, Jonathan) |
| Filing 18 SUMMONS Returned Executed by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. Betsy Devos served on 10/19/2018, answer due 12/18/2018; United States Department of Education served on 10/19/2018, answer due 12/18/2018. (Cleveland, Ollie) Modified on 10/24/2018 (JLC). |
| Filing 17 Joint MOTION for Leave to File Excess Pages by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Cleveland, Ollie) |
| Filing 16 CERTIFICATE OF SERVICE by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC re #12 Order,, Terminate Motions, #14 Order (Cleveland, Ollie) |
| Filing 15 Emergency MOTION to Amend/Correct #1 Complaint, #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction (Exhibits 1-5; 2-4) by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit 1)(Cleveland, Ollie) |
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Filing 14
ORDER that Schedule 1 to the #12 Order Granting Temporary Injunctive Relief is attached and incorporated in to the Order by reference. Signed by Judge Abdul K Kallon on 10/22/2018. (AFS)
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| Filing 13 NOTICE of Appearance by Danielle A Pham on behalf of All Defendants (Pham, Danielle) |
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Filing 12
ORDER GRANTING #2 MOTION for Temporary Restraining Order as set out herein. A hearing on Plaintiffs' request for, inter alia, a preliminary injunction and for the appointment of a receiver, as more particularly described in the Motion, shall be held on October 29, 2018 at 2:00 p.m. Central Time in Courtroom 4A of the Hugo L Black US Courthouse, 1729 5th Avenue North, Birmingham, AL before Judge Abdul K. Kallon. Signed by Judge Abdul K Kallon on 10/19/2018. (JLC)
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| Filing 11 NOTICE of Appearance by Jonathan Edward Jacobson on behalf of All Defendants (Jacobson, Jonathan) |
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Filing 10
ORDER - 1. The United States response (the Response) to the Motion shall be filed and served by electronic mail on counsel to the Plaintiffs no later than 4:00 p.m. Central Time on October 24, 2018. 2. Any reply by Plaintiffs to the Response shall be filed and served by electronic mail on counsel to the United States no later than 4:00 p.m. Central Time on October 26, 2018. 3. The Court shall conduct a hearing (the Hearing) on the Motion on October 29, 2018 at 2:00 p.m. Signed by Judge Abdul K Kallon on 10/18/2018. (KEK)
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| Filing 9 NOTICE of Appearance by Lane H Woodke on behalf of All Defendants (Woodke, Lane) |
| Filing 8 NOTICE of Appearance by Mary Lester Marshall on behalf of Betsy Devos, United States Department of Education (Marshall, Mary) |
| NOTICE of Hearing: Hearing set for 10/29/2018 at 02:00 PM in Courtroom 4A of the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Parties participating by telephone shall dial 888-557-8511 and enter access code 4541204, five minutes prior to the designated call time (KSS) |
| Minute Entry for proceedings held before Judge Abdul K Kallon: Motion Hearing held on 10/18/2018 re #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by New England College of Business and Finance LLC, Education Corporation of America, Virginia College LLC. (Court Reporter Sabrina Lewis) (KSS, ) |
| Filing 7 Summons Issued as to U.S. Attorney and U.S. Attorney General. Returned to Plaintiff for service. (KEK) |
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Filing 6
ORDER - Plaintiffs Unopposed Motions for Admission Pro Hac Vice of Stuart M. Brown and Benjamin S. Boyd (Docs. 4, 5) are GRANTED. Signed by Judge Abdul K Kallon on 10/16/2018. (KEK)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice of Benjamin S. Boyd by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Cleveland, Ollie) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice of Stuart M. Brown by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Cleveland, Ollie) |
| Filing 3 Summons Issued as to Betsy Devos, United States Department of Education; del to pla for service. (KWC) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION to Appoint Receiver, MOTION for Preliminary Injunction by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(KEK) **Pursuant to Order #54 exhibit 2-4 sealed. Modified on 11/5/2018 (AFS). |
| Filing 1 COMPLAINT against Betsy Devos, United States Department of Education (Filing fee $ 400, receipt number ALND B4601092770), filed by Education Corporation of America, New England College of Business and Finance LLC, Virginia College LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(KEK) **Pursuant to Order #54 exhibit 1-5 sealed. Modified on 11/5/2018 (AFS). |
| NOTICE of Hearing on Motion #2 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Preliminary Injunction : Motion Hearing set for 10/18/2018 at 03:30 PM in Courtroom 4A of the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. (KSS) |
| PHV Fee paid: $ 50, receipt number 1126-3196776 (ALND B4601092782). (Cleveland, Ollie) Modified on 10/17/2018 (KEK). |
| PHV Fee paid: $ 50, receipt number 1126-3196663 (ALND B4601092780). (Cleveland, Ollie) Modified on 10/17/2018 (KEK). |
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