Sterling Small Market Education Fund, L.P. et al v. Perik et al

Justia Dockets & Filings Third Circuit Delaware District Court Sterling Small Market Education Fund, L.P. et al v. Perik et al

Sterling Small Market Education Fund, L.P. et al v. Perik et al

Plaintiff:	Sterling Small Market Education Fund, L.P. and SRC Intermediate Holdings, Inc.
Defendant:	Michael Perik, Nicole Rowe Colclasure, John Haseley, Daniel Jones, RRGTHREE, LLC, USS Guarantor, LLC and MWJ Holdings, LLC
3Rd Party Plaintiff:	Higher Education Partners, LLC
Counter Defendant:	Shoshana Vernick, Jeffrey Keith, M. Avi Eptstein, Brian Schwartz and Student Resource Center, LLC
3Rd Party Defendant:	M. Avi Epstein
Case Number:	1:2022cv00790
Filed:	June 14, 2022
Court:	US District Court for the District of Delaware
Presiding Judge:	Richard G Andrews
Referring Judge:	Jennifer L Hall
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 31, 2023	Filing 95 REPORT AND RECOMMENDATION re #78 Counterclaim Defendants and Third-Party Defendants' Motion to Dismiss Defendants' Amended Counterclaim/Third-Party Complaint. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/14/2023. Signed by Judge Jennifer L. Hall on 10/31/2023. (ceg)
October 31, 2023	Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing held on 10/31/2023 re #78 Motion to Dismiss Amended Counterclaim/Third-Party Complaint. The Court read from the bench its Report and Recommendation. (*Court Reporter Deanna Warner.) (ceg)
October 10, 2023	Filing 94 SO ORDERED, #93 Stipulation to Amend Scheduling Order. (*Resetting Scheduling Order Deadlines: Fact Discovery completed by 3/13/2024; Opening Expert Reports due by 4/15/2024; Rebuttal Expert Reports due by 5/20/2024; Expert Discovery due by 6/24/2024; Dispositive Motions due by 8/12/2024; A Pretrial Conference is set for 1/6/2025 at 03:00 PM in Courtroom 6A before Judge Richard G. Andrews; A 3-day Jury Trial is set for 1/20/2025 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews). Signed by Judge Jennifer L. Hall on 10/10/2023. (ceg) (ceg).
September 28, 2023	Filing 93 STIPULATION to Amend Scheduling Order - filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC. (Lyons, Jeffrey) Modified on 9/28/2023 (nms).
September 21, 2023	Filing 92 ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion to Dismiss (D.I. #78 ) is scheduled for October 31, 2023 at 1:00 PM Eastern Time before Judge Jennifer L. Hall in courtroom 6D. Each side will be allocated 20 minutes for argument. Ordered by Judge Jennifer L. Hall on 9/21/2023. (ceg)
August 18, 2023	Filing 91 NOTICE OF SERVICE of (1) Plaintiffs Objections and Answers to Defendants First Set of Interrogatories and (2) Plaintiffs Objections and Responses to Defendants First Set of Requests for Production of Documents filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC.(Lyons, Jeffrey)
July 11, 2023	Filing 90 NOTICE of Third-Party Subpoenas by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lyons, Jeffrey)
July 7, 2023	Filing 89 SO ORDERED, #88 Stipulated Protocol and Order for Producing Documents and Electronically Stored Information. Signed by Judge Jennifer L. Hall on 7/7/2023. (ceg)
July 6, 2023	Filing 88 PROPOSED Stipulated Protocol and Order for Producing Documents and Electronically Stored Information by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC. (Lyons, Jeffrey) Modified on 7/6/2023 (ceg).
July 5, 2023	Filing 87 NOTICE OF SERVICE of Defendants First Set of Interrogatories to Plaintiffs and Counterclaim Defendants and Defendants First Set of Requests For Production of Documents to Plaintiffs, Counterclaim Defendants And Third-Party Defendants filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC.(Coen, Kevin)
June 28, 2023	Filing 86 REQUEST for Oral Argument by M. Avi Epstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick re #78 MOTION to Dismiss Amended Counterclaim/Third-Party Complaint. (Lyons, Jeffrey)
June 23, 2023	Filing 85 ORAL ORDER: The case is now REFERRED to Magistrate Judge Jennifer L. Hall for all purposes through the case dispositive motion deadline. Ordered by Judge Richard G. Andrews on 6/23/2023. Motions referred to Jennifer L. Hall.(nms)
June 23, 2023	Filing 84 NOTICE OF SERVICE of Defendants Verifications to Defendants Answers to Plaintiffs First Set of Interrogatories filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC.(Hoeschel, Alec)
June 22, 2023	Filing 83 REPLY BRIEF re #78 MOTION to Dismiss Amended Counterclaim/Third-Party Complaint filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick. (Lyons, Jeffrey)
June 16, 2023	Filing 82 NOTICE OF SERVICE of Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents and Plaintiffs' First Set of Interrogatories filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC.(Hoeschel, Alec)
June 14, 2023	Filing 81 ANSWERING BRIEF in Opposition re #78 MOTION to Dismiss Amended Counterclaim/Third-Party Complaint, filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC.Reply Brief due date per Local Rules is 6/21/2023. (Attachments: #1 Exhibits A-D)(Hoeschel, Alec) Modified on 6/14/2023 (nms).
June 14, 2023	CORRECTING ENTRY: The brief filed at D.I. 81 on 6/13/2023, has been removed from the docket. Upon review it was determined the brief was an answering one not an opening brief. Counsel is to refile the brief using the Answering Brief event code. (nms)
June 6, 2023	Filing 80 STIPULATION and Proposed Order - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Hoeschel, Alec) Modified on 6/6/2023 (nms).
June 6, 2023	SO ORDERED, re #80 STIPULATION and Proposed Order (*Reset Briefing Schedule: re #78 MOTION to Dismiss Amended Counterclaim/Third-Party Complaint. Answering Brief due 6/13/2023, Reply Brief due 6/22/2023). Signed by Judge Richard G. Andrews on 6/6/2023. (nms)
May 26, 2023	Filing 79 OPENING BRIEF in Support re #78 MOTION Dismiss Amended Counterclaim/Third-Party Complaint, filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick. Answering Brief/Response due date per Local Rules is 6/9/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lyons, Jeffrey) Modified on 5/26/2023 (nms).
May 26, 2023	Filing 78 MOTION to Dismiss Amended Counterclaim/Third-Party Complaint - filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick. (Attachments: #1 Proposed Order)(Lyons, Jeffrey) Modified on 5/26/2023 (nms).
May 17, 2023	Filing 77 Amended Answer, Counterclaims and Third-Party Complaint to #41 First Amended Complaint, by USS Guarantor, LLC, Michael Perik, Nicole Rowe Colclasure, RRGTHREE, LLC, Higher Education Partners, LLC, Daniel Jones, John Haseley, MWJ Holdings, LLC. (Attachments: #1 Exhibits A-D, #2 Verification, #3 Verification, #4 Verification, #5 Verification )(Hoeschel, Alec) Modified on 5/18/2023 (nms).
May 17, 2023	Filing 76 ORAL ORDER: Defendants' Motion for Leave to Amend Answer and Counterclaims (D.I. #64 ) is GRANTED. Defendant shall filed its Amended Answer and Counterclaims on or before May 18, 2023. The Court prefers to assess the legal sufficiency of Defendants' pleading by looking at a single operative document, and the Court can assess any arguments that the pleading is legally insufficient in the context of a motion to dismiss. Plaintiffs' Motion to Dismiss Counterclaim (D.I. #54 ) is DISMISSED as moot. The parties' stipulation to extend time (D.I. #75 ) is DISMISSED as moot. Ordered by Judge Jennifer L. Hall on 5/17/2023. (ceg)
May 16, 2023	Filing 75 STIPULATION TO EXTEND TIME for Defendants/Counterclaim Plaintiffs to respond to the Answering Brief in Opposition to the Motion for Leave to Amend to May 19, 2023 - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Hoeschel, Alec)
May 15, 2023	SO ORDERED, #74 Stipulation and Order to Extend Time. (*Reset Briefing Schedule re #64 Motion for Leave to Amend Answer and Counterclaims: Reply Brief due 5/17/2023). Ordered by Judge Jennifer L. Hall on 5/15/2023. (ceg)
May 10, 2023	Filing 74 STIPULATION and Proposed Order - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Hoeschel, Alec) Modified on 5/10/2023 (nms).
May 5, 2023	Filing 73 ANSWERING BRIEF in Opposition re #64 MOTION for Leave To Amend Answer and Counterclaims filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC.Reply Brief due date per Local Rules is 5/12/2023. (Lyons, Jeffrey)
May 3, 2023	Filing 72 NOTICE OF SERVICE of (i) Plaintiffs' First Set of Requests for Production of Documents and (ii) Plaintiffs' First Set of Interrogatories filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC.(Lyons, Jeffrey)
May 1, 2023	Filing 71 NOTICE of Appearance by Alec Hoeschel on behalf of Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC (Hoeschel, Alec)
May 1, 2023	Filing 70 NOTICE of Withdrawal of Appearance of Sara Barry by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC (Barry, Sara)
April 24, 2023	SO ORDERED, #69 Stipulation and Order Extending Time to Respond to the Motion for Leave to Amend to May 5, 2023. (*Reset Briefing Schedule: Answering Brief due 5/5/2023). Ordered by Judge Jennifer L. Hall on 4/24/2023. (ceg)
April 20, 2023	Filing 69 STIPULATION and Proposed Order extending time to respond to the Motion for Leave to Amend to May 5, 2023 - filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick. (Lyons, Jeffrey) Modified on 4/21/2023 (nms).
April 12, 2023	Filing 68 Letter to The Honorable Jennifer L. Hall, from Kevin M. Coen, regarding Plaintiffs letter dated April 10, 2023 (D.I. #66 ). (Barry, Sara) Modified on 4/13/2023 (nms).
April 11, 2023	Filing 67 ORAL ORDER: The Motion for Leave To Amend Answer and Counterclaims (D.I. #64 ) is now REFERRED to Magistrate Judge Jennifer L. Hall. Ordered by Judge Richard G. Andrews on 4/11/2023. (nms)
April 10, 2023	Filing 66 Letter to The Honorable Jennifer L. Hall, from Jeffrey J. Lyons, regarding non opposition to motion to dismiss (D.I. #54 ). (Lyons, Jeffrey) Modified on 4/10/2023 (nms).
April 7, 2023	Filing 65 MEMORANDUM in Support re #64 MOTION for Leave To Amend Answer and Counterclaims, filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC.Answering Brief/Response due date per Local Rules is 4/21/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barry, Sara) Modified on 4/7/2023 (nms).
April 7, 2023	Filing 64 MOTION for Leave To Amend Answer and Counterclaim - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Attachments: #1 Proposed Order, #2 Rule 7.1.1 Statement)(Barry, Sara) Modified on 4/7/2023 (nms).
April 6, 2023	Filing 63 NOTICE OF SERVICE of Defendants and Counterclaim Plaintiffs' Initial Disclosures Pursuant to Rule 26(a)(1)(A) filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC.(Barry, Sara)
April 6, 2023	Filing 62 NOTICE OF SERVICE of Plaintiff/Counterclaim Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick.(Lyons, Jeffrey)
April 5, 2023	Filing 61 ORAL ORDER: The Motion to Dismiss Counterclaim (D.I. #54 ) is now REFERRED to Magistrate Judge Jennifer L. Hall. Ordered by Judge Richard G. Andrews on 4/5/2023. *Motions referred to Jennifer L. Hall.(nms)
March 23, 2023	Filing 60 SO ORDERED Granting #59 Stipulated Protective Order. Signed by Judge Richard G. Andrews on 3/23/2023. (nms)
March 23, 2023	Filing 59 PROPOSED Stipulated Protective Order, by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC. (Lyons, Jeffrey) Modified on 3/23/2023 (nms).
March 15, 2023	Filing 58 ORAL ORDER: The Court notes the Parties submissions. (D.I. #56 , D.I. #57 ). The Court does not see any particular reason why the extent of the jury trial waiver needs to be decided now. Future events may inform or moot the issue. The parties should meet and confer and submit a joint proposal for a time and a procedure to resolve the issue. Ordered by Judge Richard G. Andrews on 3/15/2023. (nms)
March 14, 2023	Filing 57 Letter to The Honorable Richard G. Andrews, from Kevin M. Coen, regarding in response to the Courts March 7, 2023, Order regarding jury trial waiver (D.I. 53 ). (Barry, Sara) Modified on 3/15/2023 (nms).
March 14, 2023	Filing 56 RESPONSE to 53 Oral Order, filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Student Resource Center, LLC, Shoshana Vernick. (Lyons, Jeffrey) Modified on 3/14/2023 (nms).
March 7, 2023	Filing 55 OPENING BRIEF in Support re #54 MOTION to Dismiss Counterclaim, filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Shoshana Vernick.Answering Brief/Response due date per Local Rules is 3/21/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lyons, Jeffrey) Modified on 3/8/2023 (nms).
March 7, 2023	Filing 54 MOTION to Dismiss Counterclaim - filed by M. Avi Eptstein, Jeffrey Keith, SRC Intermediate Holdings, Inc., Brian Schwartz, Sterling Small Market Education Fund, L.P., Shoshana Vernick. (Attachments: #1 Proposed Order)(Lyons, Jeffrey) Modified on 3/7/2023 (nms).
March 7, 2023	Filing 53 ORAL ORDER: The parties request a jury trial. The purchase agreement seems to have a broad jury trial waiver. The parties are requested within one week to advise on what impact the waiver has on the requests for a jury trial. Ordered by Judge Richard G. Andrews on 3/7/2023. (nms)
March 7, 2023	Filing 52 ORAL ORDER: The Rule 16(b) Conference scheduled for 3/9/2023, is CANCELED. Ordered by Judge Richard G. Andrews on 3/7/2023. (nms)
March 7, 2023	Filing 51 SCHEDULING ORDER: Fact Discovery completed by 11/10/2023. Dispositive Motions due by 3/11/2024. A Pretrial Conference is set for 8/16/2024 at 2:00 PM in Courtroom 6A. A 3 day Jury Trial is set to start 9/9/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 3/7/2023. (nms)
March 7, 2023	Filing 50 Letter to The Honorable Richard G. Andrews, from Jeffrey J. Lyons, regarding dial-in information for Rule 16(b) Teleconference. (Lyons, Jeffrey) Modified on 3/7/2023 (nms).
March 7, 2023	Filing 49 PROPOSED Scheduling Order, by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P., Student Resource Center, LLC. (Lyons, Jeffrey) Modified on 3/7/2023 (nms).
February 1, 2023	Filing 48 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 3/9/2023, at 9:00 AM (see Order for further details). Signed by Judge Richard G. Andrews on 2/1/2023. (nms)
January 27, 2023	Filing 47 STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to Defendants' Counterclaims to March 7, 2023 - filed by M. Avi Eptstein, Jeffrey Keith, Brian Schwartz, Sterling Small Market Education Fund, L.P., Shoshana Vernick. (Lyons, Jeffrey)
January 27, 2023	SO ORDERED, re #47 STIPULATION and Proposed Order to Extend Time to Answer, Move, or Otherwise Respond to Defendants' Counterclaims to March 7, 2023. Signed by Judge Richard G. Andrews on 1/27/2023. (nms)
January 24, 2023	Filing 46 ANSWER to #41 Amended Complaint, with Jury Demand, and COUNTERCLAIMS against all Plaintiffs, by Higher Education Partners, LLC, Michael Perik, USS Guarantor, LLC, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones. (Attachments: #1 Exhibits A-C)(Toscano, Sara) Modified on 1/24/2023 (nms).
January 10, 2023	SO ORDERED, re #45 STIPULATION and Proposed Order (*Reset Answer Deadlines: Nicole Rowe Colclasure answer due 1/24/2023; John Haseley answer due 1/24/2023; Higher Education Partners, LLC answer due 1/24/2023; Daniel Jones answer due 1/24/2023; MWJ Holdings, LLC answer due 1/24/2023; Michael Perik answer due 1/24/2023; RRGTHREE, LLC answer due 1/24/2023; USS Guarantor, LLC answer due 1/24/2023). Signed by Judge Richard G. Andrews on 1/10/2023. (nms)
January 9, 2023	Filing 45 STIPULATION and Proposed Order - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Toscano, Sara) Modified on 1/10/2023 (nms).
November 18, 2022	Filing 44 SO ORDERED, re #43 STIPULATION and Proposed Order (*Reset Answer Deadlines: Nicole Rowe Colclasure answer due 1/10/2023; John Haseley answer due 1/10/2023; Higher Education Partners, LLC answer due 1/10/2023; Daniel Jones answer due 1/10/2023; MWJ Holdings, LLC answer due 1/10/2023; Michael Perik answer due 1/10/2023; RRGTHREE, LLC answer due 1/10/2023; USS Guarantor, LLC answer due 1/10/2023). Signed by Judge Richard G. Andrews on 11/18/2022. (nms)
November 17, 2022	Filing 43 STIPULATION and Proposed Order to extend time to answer, move, or otherwise respond to the First Amended Complaint - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Toscano, Sara) Modified on 11/18/2022 (nms).
November 9, 2022	Filing 42 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SRC Intermediate Holdings, Inc. for Student Resource Center, LLC filed by Student Resource Center, LLC. (Lyons, Jeffrey)
November 7, 2022	Filing 41 FIRST Amended Complaint against All Defendants - filed by Sterling Small Market Education Fund, L.P., SRC Intermediate Holdings, Inc., Student Resource Center, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lyons, Jeffrey) Modified on 11/7/2022 (nms).
September 20, 2022	Filing 40 ORAL ORDER: The request to reschedule the Rule 16(b) Conference set for 9/22/2022 (D.I. #39 ) is GRANTED. The Rule 16(b) Conference will be rescheduled for a date to be determined. Ordered by Judge Richard G. Andrews on 9/20/2022. (nms)
September 19, 2022	Filing 39 Joint Letter to The Honorable Richard G. Andrews, from Jeffrey J. Lyons, regarding request to reschedule the September 22, 2022 Rule 16 Scheduling Conference. (Lyons, Jeffrey) Modified on 9/20/2022 (nms).
September 9, 2022	Filing 38 WAIVER OF SERVICE returned executed by Higher Education Partners, LLC, Michael Perik, USS Guarantor, LLC, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones: For Brian Schwartz waiver sent on 9/7/2022, answer due 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 37 WAIVER OF SERVICE returned executed by Higher Education Partners, LLC, Michael Perik, USS Guarantor, LLC, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones: For SRC Intermediate Holdings, Inc. waiver sent on 9/7/2022, answer due 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 36 WAIVER OF SERVICE returned executed by Higher Education Partners, LLC, Michael Perik, USS Guarantor, LLC, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones: For M. Avi Eptstein waiver sent on 9/7/2022, answer due 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 35 WAIVER OF SERVICE returned executed by Higher Education Partners, LLC, Michael Perik, USS Guarantor, LLC, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones: For Jeffrey Keith waiver sent on 9/7/2022, answer due 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 34 WAIVER OF SERVICE returned executed by Higher Education Partners, LLC, Michael Perik, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones: For Shoshana Vernick waiver sent on 9/7/2022, answer due 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 33 WAIVER OF SERVICE returned executed by Higher Education Partners, LLC, Michael Perik, USS Guarantor, LLC, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones: For Sterling Small Market Education Fund, L.P. waiver sent on 9/7/2022, answer due 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 32 REQUEST FOR WAIVER of Service sent to SRC Intermediate Holdings, Inc. on September 7, 2022 by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. Waiver of Service due by 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 31 REQUEST FOR WAIVER of Service sent to M. Avi Epstein on September 7, 2022 by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. Waiver of Service due by 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 30 REQUEST FOR WAIVER of Service sent to Shoshana Vernick on September 7, 2022 by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. Waiver of Service due by 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 29 REQUEST FOR WAIVER of Service sent to Brian Schwartz on September 7, 2022 by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC. Waiver of Service due by 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 28 REQUEST FOR WAIVER of Service sent to Jeffrey Keith on September 7, 2022 by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. Waiver of Service due by 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 27 REQUEST FOR WAIVER of Service sent to Sterling Small Market Education Fund, L.P. on September 7, 2022 by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. Waiver of Service due by 11/7/2022. (Toscano, Sara)
September 9, 2022	Filing 26 SO ORDERED Granting #25 STIPULATION and Proposed Order. Signed by Judge Richard G. Andrews on 9/9/2022. (nms)
September 9, 2022	CORRECTING ENTRY: The pdf for D.I. #25 has been replaced per counsel's request. The signature section of the stipulation has been amended. The NEF for the filing has been regenerated. (nms)
September 8, 2022	Filing 25 STIPULATION and Proposed Order - filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. (Lyons, Jeffrey) (Main Document 25 replaced on 9/9/2022) (nms). Modified on 9/9/2022 (nms).
September 7, 2022	Filing 24 ORAL ORDER: The request to unseal the Complaint (D.I. #23 ) is GRANTED. Ordered by Judge Richard G. Andrews on 9/7/2022. (nms)
September 7, 2022	Filing 23 Letter to The Honorable Richard G. Andrews, from Jeffrey J. Lyons, regarding unopposed request to unseal complaint (D.I. #2 ). (Lyons, Jeffrey) Modified on 9/7/2022 (nms).
August 26, 2022	Filing 22 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 9/22/2022, at 9:00 AM (see order for further details). Signed by Judge Richard G. Andrews on 8/26/2022. (nms)
August 25, 2022	Filing 21 REDACTED VERSION of #19 Answer to Complaint, by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Attachments: #1 Certificate of Service)(Toscano, Sara) Modified on 8/25/2022 (nms).
August 19, 2022	Filing 20 Certificate of Service for Answer to Complaint (D.I. #19 ), by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Toscano, Sara) Modified on 8/19/2022 (nms).
August 19, 2022	CORRECTING ENTRY: The pdf for D.I. #19 has been replaced with an amended version. The caption on the filing has been updated to reflect the filing is being made under seal. (nms)
August 19, 2022	DEFICIENCY NOTICE by the Court issued to Higher Education Partners, LLC, Michael Perik, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones, and USS Guarantor, LLC re #19 Answer to Complaint, and Counterclaims. Upon review it was determined the Answer filed at D.I. #19 did not comply with Local Rule 5.2(b)(1). Defendants are requested to supplement the docket with a certificate of service for the filing. (nms)
August 19, 2022	CORRECTING ENTRY: The certificate of service filed at D.I. 20 has been removed from the docket as the filing was not formatted appropriately, it lacked a proper case caption. Defendants are to refile a corrected certificated. (nms)
August 18, 2022	Filing 19 [SEALED] Answer to #2 Complaint, and COUNTERCLAIMS, by Higher Education Partners, LLC, Michael Perik, John Haseley, RRGTHREE, LLC, MWJ Holdings, LLC, Nicole Rowe Colclasure, Daniel Jones, USS Guarantor, LLC.(Toscano, Sara) Modified on 8/19/2022 (nms). (Main Document 19 replaced on 8/19/2022) (nms).
August 3, 2022	Pro Hac Vice Attorney Michael F. Connolly,Jason A. Webber for Nicole Rowe Colclasure,John Haseley,Higher Education Partners, LLC,Daniel Jones,MWJ Holdings, LLC,Michael Perik,RRGTHREE, LLC, and USS Guarantor, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)
August 2, 2022	SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Michael F. Connolly and Jason A. Webber of Rubin and Rudman LLP, filed by RRGTHREE, LLC, MWJ Holdings, LLC, USS Guarantor, LLC, Nicole Rowe Colclasure, John Haseley, Daniel Jones, Higher Education Partners, LLC, Michael Perik. Signed by Judge Richard G. Andrews on 8/2/2022. (nms)
August 1, 2022	Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Michael F. Connolly and Jason A. Webber of Rubin and Rudman LLP - filed by Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC, USS Guarantor, LLC. (Toscano, Sara)
August 1, 2022	Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Higher Education Partners, LLC, MWJ Holdings, LLC, RRGTHREE, LLC, USS Guarantor, LLC. (Toscano, Sara)
August 1, 2022	Filing 16 NOTICE of Appearance by Sara A. Toscano on behalf of All Defendants (Toscano, Sara)
August 1, 2022	Filing 15 NOTICE of Appearance by Kevin Michael Coen on behalf of All Defendants (Coen, Kevin)
July 18, 2022	Filing 14 Return of Service Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. RRGTHREE, LLC served on 7/12/2022, answer due 8/2/2022. (Lyons, Jeffrey)
July 14, 2022	Pro Hac Vice Attorney G. Karl Fanter, Joseph H. Walsh, and Jonathan B. New for SRC Intermediate Holdings, Inc. and Sterling Small Market Education Fund, L.P. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
July 8, 2022	Filing 13 Return of Service Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. John Haseley served on 6/25/2022, answer due 7/18/2022. (Lyons, Jeffrey)
July 6, 2022	Filing 12 SUMMONS Returned Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. USS Guarantor, LLC served on 6/23/2022, answer due 7/14/2022. (Lyons, Jeffrey)
July 6, 2022	Filing 11 SUMMONS Returned Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. Nicole Rowe Colclasure served on 6/29/2022, answer due 7/20/2022. (Lyons, Jeffrey)
July 6, 2022	Filing 10 SUMMONS Returned Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. Michael Perik served on 6/23/2022, answer due 7/14/2022. (Lyons, Jeffrey)
July 6, 2022	Filing 9 SUMMONS Returned Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. MWJ Holdings, LLC served on 6/21/2022, answer due 7/12/2022. (Lyons, Jeffrey)
July 6, 2022	Filing 8 SUMMONS Returned Executed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. Higher Education Partners, LLC served on 6/21/2022, answer due 7/12/2022. (Lyons, Jeffrey)
June 23, 2022	CORRECTING ENTRY: The civil cover sheet has been added to the redacted filing at D.I. #7 as it was omitted by the filer. (nms)
June 22, 2022	Filing 7 REDACTED VERSION of #2 Complaint, by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lyons, Jeffrey) (Additional attachment(s) added on 6/23/2022: #3 Civil Cover Sheet) (nms).
June 22, 2022	CORRECTING ENTRY: The redacted filing submitted at D.I. 7 has been removed from the docket. Upon review of the filing it was determined it was incomplete. Redactions for the exhibits submitted at D.I. #2 were missing. Plaintiff is directed to refile a complete redacted version of D.I. #2 . (nms)
June 22, 2022	SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Jonathan B. New, G. Karl Fanter, and Joseph H. Walsh, filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. Signed by Judge Richard G. Andrews on 6/22/2022. (nms)
June 22, 2022	Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
June 18, 2022	Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Jonathan B. New, G. Karl Fanter, and Joseph H. Walsh - filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. (Lyons, Jeffrey)
June 17, 2022	Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. (Lyons, Jeffrey)
June 17, 2022	Summons Issued as to Nicole Rowe Colclasure on 6/17/2022; John Haseley on 6/17/2022; Higher Education Partners, LLC on 6/17/2022; Daniel Jones on 6/17/2022; MWJ Holdings, LLC on 6/17/2022; Michael Perik on 6/17/2022; RRGTHREE, LLC on 6/17/2022; USS Guarantor, LLC on 6/17/2022. (mpb)
June 15, 2022	Filing 4 ORDER, Plaintiff's Motion for Leave to File Complaint and Exhibits Under Seal (D.I. #1 ) is GRANTED. Plaintiffs SHALL FILE a public version of its Complaint, with confidential information redacted, within seven (7) days of entry of this Order. Signed by Judge Colm F. Connolly on 6/15/2022. (twk)
June 15, 2022	Remark: Case submitted for routine judicial assignment. (twk)
June 15, 2022	Remark: Exit electronic copies to Duty Judge (CFC). (twk)
June 14, 2022	Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk)
June 14, 2022	Filing 2 [SEALED] COMPLAINT filed with Jury Demand against Nicole Rowe Colclasure, John Haseley, Higher Education Partners, LLC, Daniel Jones, MWJ Holdings, LLC, Michael Perik, RRGTHREE, LLC ( Filing fee $ 402, receipt number ADEDC-3896147.) - filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(twk)
June 14, 2022	Filing 1 MOTION for Leave to File Complaint and Exhibits Under Seal - filed by SRC Intermediate Holdings, Inc., Sterling Small Market Education Fund, L.P. (Attachments: #1 Text of Proposed Order)(twk)
June 14, 2022	No Summons Issued. (twk)

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Search for this case: Sterling Small Market Education Fund, L.P. et al v. Perik et al
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Plaintiff: Sterling Small Market Education Fund, L.P.
Represented By:	Daniel Goettle
Represented By:	Jeffrey J. Lyons
Represented By:	G. Karl Fanter
Represented By:	Jonathan B. New
Represented By:	Joseph H. Walsh
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Plaintiff: SRC Intermediate Holdings, Inc.
Represented By:	Daniel Goettle
Represented By:	Jeffrey J. Lyons
Represented By:	G. Karl Fanter
Represented By:	Jonathan B. New
Represented By:	Joseph H. Walsh
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Defendant: Michael Perik
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Sara A. Toscano
Represented By:	Alec Hoeschel
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Defendant: Nicole Rowe Colclasure
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Alec Hoeschel
Represented By:	Sara A. Toscano
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Defendant: John Haseley
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Alec Hoeschel
Represented By:	Sara A. Toscano
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Defendant: Daniel Jones
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Sara A. Toscano
Represented By:	Alec Hoeschel
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Defendant: RRGTHREE, LLC
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Alec Hoeschel
Represented By:	Sara A. Toscano
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Defendant: USS Guarantor, LLC
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Alec Hoeschel
Represented By:	Sara A. Toscano
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Defendant: MWJ Holdings, LLC
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Sara A. Toscano
Represented By:	Alec Hoeschel
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3rd party plaintiff: Higher Education Partners, LLC
Represented By:	Kevin Michael Coen
Represented By:	Jason A. Webber
Represented By:	Michael F. Connolly
Represented By:	Sara Barry
Represented By:	Alec Hoeschel
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Counter defendant: Shoshana Vernick
Represented By:	Jeffrey J. Lyons
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Counter defendant: Jeffrey Keith
Represented By:	Jeffrey J. Lyons
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Counter defendant: M. Avi Eptstein
Represented By:	Jeffrey J. Lyons
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Counter defendant: Brian Schwartz
Represented By:	Jeffrey J. Lyons
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Counter defendant: Student Resource Center, LLC
Represented By:	Jeffrey J. Lyons
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3rd party defendant: M. Avi Epstein
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