POTTER v. ASHFORD UNIVERSITY et al
| DAVID SIDNEY POTTER |
| IRENE STEIN, SCOTT BURRUS, CRAIG D SWENSON, Andrew Clark, Ashford University, KENNETH FETTIG, WILLIAM HODDE, ZOVIO INC and Bridgepoint Education, Inc. |
| 3:2020cv01131 |
| June 22, 2020 |
| US District Court for the Southern District of California |
| San Diego Office |
| Cathy Ann Bencivengo |
| Daniel E Butcher |
| Civil Rights: Education |
| 28 U.S.C. § 1331 cv |
| Plaintiff |
Docket Report
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| Filing 22 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that in light of the foregoing, it is hereby ORDERED that Defendants motion to dismiss is GRANTED. Because Defendants are not state actors and were not acting under the color of state law, any amendment to Counts 1, 3, 4, and 6 would be futile. Accordingly, these claims are DISMISSED WITH PREJUDICE. Likewise, because respondeat superior and vicarious liability and statute of limitations are not claims for relief, Counts 5 and 7 of the complaint are also DISMISSED WITH PREJUDICE. Finally, because Plaintiff could conceivably allege a breach of contract claim, Count 2 is DISMISSED WITHOUT PREJUDICE. However, because this case was removed to federal court based on federal question jurisdiction over claims that are now dismissed with prejudice, the Court declines supplemental jurisdiction over any amended breach of contract claims. Accordingly, if Plaintiff intends to attempt to proceed with an amended breach of contract claim, he should file such acomplaint in state court. It is SO ORDERED.(All non-registered users served via U.S. Mail Service)(anh) (dsn) |
Filing 21
ORDER Granting Motion to Dismiss [Doc. No. #18 ]. Signed by Judge Cathy Ann Bencivengo on 8/7/2020. (All non-registered users served via U.S. Mail Service)(anh)
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| Filing 20 REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Ashford University, SCOTT BURRUS, Andrew Clark, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Beldner, Sabrina) (anh). |
| Filing 19 RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by DAVID SIDNEY POTTER. (anh) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Ashford University, SCOTT BURRUS, Andrew Clark, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Beldner, Sabrina)Attorney Sabrina A. Beldner added to party Ashford University(pty:dft), Attorney Sabrina A. Beldner added to party SCOTT BURRUS(pty:dft), Attorney Sabrina A. Beldner added to party Andrew Clark(pty:dft), Attorney Sabrina A. Beldner added to party KENNETH FETTIG(pty:dft), Attorney Sabrina A. Beldner added to party WILLIAM HODDE(pty:dft), Attorney Sabrina A. Beldner added to party IRENE STEIN(pty:dft), Attorney Sabrina A. Beldner added to party CRAIG D SWENSON(pty:dft), Attorney Sabrina A. Beldner added to party ZOVIO INC(pty:dft) (anh). |
| Filing 17 Corporate Disclosure Statement by ZOVIO INC. No Corporate Parents/Interested Parties. (Beldner, Sabrina) (anh). |
| Filing 16 Corporate Disclosure Statement by Ashford University identifying Corporate Parent Zovio, Inc. for Ashford University.. (Beldner, Sabrina)(anh). |
| Filing 15 Judge Cathy Ann Bencivengo and Magistrate Judge Daniel E. Butcher assigned to transfer case from Northern District of Florida. (All non-registered users served via U.S. Mail Service)(no document attached) (mme) |
| Filing 14 Case transferred in from the Northern District of Florida; Case Number 4:20-cv-00106-AW/MJF. Original file received electronically (mme) |
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Filing 13
ORDER TRANSFERRING CASE.The magistrate judge's #12 Report and Recommendation is adopted and incorporated by reference in this order. Defendants motion to transfer (ECF No. #6 ) is GRANTED. The clerk must take appropriate steps to transfer this case to the United States District Court for the Southern District of California. The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 6/19/2020. (rcb) [Transferred from Florida Northern on 6/22/2020.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #12 REPORT AND RECOMMENDATION - No objections filed. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 12 REPORT AND RECOMMENDATION re #6 MOTION to Transfer Case to Southern District of California. For the reasons set forth above, the undersigned respectfully RECOMMENDS: Defendants' motion to transfer (Doc. #6 ) be GRANTED and that this case be TRANSFERRED to the United States District Court for the Southern District of California. The clerk of the court close the case file. (Internal deadline for referral to district judge if objections are not filed earlier: 5/20/2020.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 4/22/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #11 Reply to Response to Motion,. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 11 REPLY to Response to Motion re #6 MOTION to Transfer Case to Southern District of California filed by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (KYNES, CAMERON) [Transferred from Florida Northern on 6/22/2020.] |
| Set Deadlines/Hearings Reply may be filed by 3/25/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
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Filing 10
REFERRAL AND ORDER granting #9 Motion for Leave to File. On or before March 25, 2020, Defendants may file a reply to Plaintiff's "Answer to Motion to Transfer." Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 3/18/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #9 MOTION for Leave to File re #8 Response in Opposition to Motion "Defendant's Motion for Leave to File a Reply to Plaintiff's Answer to Motion to Transfer". Referred to MICHAEL J FRANK. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 9 MOTION for Leave to File re #8 Response in Opposition to Motion "Defendant's Motion for Leave to File a Reply to Plaintiff's Answer to Motion to Transfer" by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (KYNES, CAMERON) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 8 ANSWER re #6 MOTION to Transfer Case to Southern District of California filed by DAVID SIDNEY POTTER. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #8 ANSWER to Motion. Referred to MICHAEL J FRANK. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| Set/Reset Deadlines as to #6 MOTION to Transfer Case to Southern District of California . (Internal deadline for referral to judge if response not filed earlier: 3/24/2020). (jcw) [Transferred from Florida Northern on 6/22/2020.] |
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Filing 7
ORDER entered on #6 Motion to Transfer Case. If Plaintiff opposes Defendants' motion to transfer, he must file a memorandum of law in opposition on or before March 24, 2020. If Plaintiff elects not to file a response in opposition to Defendants' motion to transfer or fails to do so on or before March 24, 2020, this court will presume that Plaintiff does not oppose the motion, and this court likely will recommend that the District Court grant Defendants' motion to transfer. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 3/10/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #5 MOTION Defendant's Opposition to State Court Motions , #6 MOTION to Transfer Case to Southern District of California . Referred to MICHAEL J FRANK. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 6 MOTION to Transfer Case to Southern District of California by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Internal deadline for referral to judge if response not filed earlier: 3/20/2020). (Attachments: #1 Exhibit A, #2 Exhibit B) (KYNES, CAMERON) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 5 MOTION Defendant's Opposition to State Court Motions by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (KYNES, CAMERON) [Transferred from Florida Northern on 6/22/2020.] |
| Set Deadlines/Hearings - Motion to Transfer due by 3/6/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.] |
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Filing 4
ORDER granting #3 Motion to Stay. On or before March 6, 2020, Defendants shall file a motion to transfer. The deadline for Defendants to respond to the complaint will be stayed until twenty-one days after this court's ruling on Defendants' motion to transfer. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 2/28/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: NEW PRO SE NON PRISONER CASE - #1 Notice of Removal and #3 MOTION to Stay Deadline to File Response to Complaint Pending Resolution of Forthcoming Motion to Transfer - Referred to MICHAEL J FRANK. (tss) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 3 Defendant's Motion to Stay Deadline to File Response to Complaint Pending Resolution of Forthcoming Motion to Transfer by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (WALSH, SEAN) Modified to edit title on 2/28/2020 (rcb). [Transferred from Florida Northern on 6/22/2020.] |
| Filing 2 Corporate Disclosure Statement/Certificate of Interested Persons by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC identifying Corporate Parent Zovio, Inc. for ZOVIO INC.. (WALSH, SEAN) [Transferred from Florida Northern on 6/22/2020.] |
| Filing 1 NOTICE OF REMOVAL by Kenneth Fettig, Zovio, Inc., William Hodde, Scott Burrus, Ashford University, Irene Stein, Andrew Clark, Craig D. Swenson from Circuit Court, Second Judicial Circuit, in and for Leon County, case number 2019-CA-002575. ( Filing fee $ 400 receipt number AFLNDC-4885929.), filed by Kenneth Fettig, Zovio, Inc., William Hodde, Scott Burrus, Ashford University, Irene Stein, Andrew Clark, Craig D. Swenson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (WALSH, SEAN) [Transferred from Florida Northern on 6/22/2020.] |
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