Roberson et al v. Health Career Institute LLC et al
| Brittany Roberson, Rebecca Freeman, Tiffany King, Bianca Vias, Bianca Vinas and Tresha Thompson |
| Health Career Institute LLC doing business as HCI College LLC doing business as HCI Acquisition LLC, Florian Education Investors LLC and Steven W Hart |
| Consumer Financial Protection Bureau |
| 9:2022cv81883 |
| December 2, 2022 |
| US District Court for the Southern District of Florida |
| Ryon M McCabe |
| Rodolfo A Ruiz |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Defendant |
Docket Report
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Filing 109
PAPERLESS ORDER: The Court has reviewed Defendants' Motion for Protective Order #106 and Plaintiffs' Renewed Motion to Compel Defendant HCI's Response to Interrogatory 18 #107 . Responses shall be filed by or before October 4, 2023. The Court will address these Motions during the currently scheduled hearing on October 10, 2023 at 2:00 PM 105 . In advance of the scheduled hearing, the Court directs the parties' counsel to confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery disputes in an effort to resolve them. If the parties resolve their disputes in whole or in part, the Court should be notified as promptly as possible. Signed by Magistrate Judge Ryon M. McCabe on 9/29/2023. (jb02)
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| Reset Deadlines as to #107 Plaintiff's MOTION to Compel Response to Interrogatory No. 18 RENEWED Motion to Compel HCI's Response to Interrogatory No. 18, #106 MOTION for Protective Order . Responses due by 10/4/2023 (ls)(per DE #109) |
| Reset Deadlines as to #104 Plaintiff's MOTION to Compel Production of Documents . Responses due by 10/4/2023 (ls)(per DE #105) |
| Filing 108 Plaintiff's MOTION to Amend/Correct Scheduling Order by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 10/12/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Thelusma, Jennifer) |
| Filing 107 Plaintiff's MOTION to Compel Response to Interrogatory No. 18 RENEWED Motion to Compel HCI's Response to Interrogatory No. 18 by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 10/12/2023 (Attachments: #1 Exhibit Ex. A HCI WPB Annual FBON Report 2022, #2 Exhibit Ex. B HCI FLL Annual FBON Report, #3 Exhibit Ex. C 3rd Party CIE Prod. 001758-1771, #4 Exhibit Ex. D 3rd Party CIE Prod. 001411-1414, #5 Exhibit Ex. E 3rd Party CIE Prod. 001416-1473, 1523-1567, 1811-1849, #6 Exhibit Ex. F 3rd Party CIE Prod. 000029, 31, 35, #7 Exhibit Ex. G 3rd Party Marketing Firm Spreadsheet, #8 Exhibit Ex. H HCI006115 Redacted, #9 Exhibit Ex. I DeGuzman Depo. Excerpts, #10 Exhibit Ex. J Dennis Depo. Excerpts, #11 Exhibit Ex. K CampusNexus Procedures)(Mayer, Nicole) |
| Filing 106 MOTION for Protective Order by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. (Carney, Michael) |
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Filing 105
PAPERLESS ORDER: The Court has reviewed Plaintiffs' Motion to Compel Production of Documents #104 . Defendants shall respond to the Motion by or before October 4, 2023. A hearing on the Motion shall be conducted via Zoom video teleconference (VTC) on October 10, 2023 at 2:00 PM in the West Palm Beach Division before Magistrate Judge Ryon McCabe. Thirty minutes reserved. To log in through ZoomGov Meeting, use Meeting ID: 160 263 9132 and Passcode: 929006. All participants at the hearing are expected to appear by both audio and video. In advance of the scheduled hearing, the Court directs the parties' counsel to confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery disputes in an effort to resolve them. If the parties resolve their disputes in whole or in part, the Court should be notified as promptly as possible. Signed by Magistrate Judge Ryon M. McCabe on 9/28/2023. (jb02)
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| Filing 104 Plaintiff's MOTION to Compel Production of Documents by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 10/11/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Thelusma, Jennifer) Modified Text on 9/29/2023 (ls). |
| Reset Deadlines as to #99 MOTION TO DISMISS #93 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM . Responses due by 10/19/2023 (ls)(per DE #103) |
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Filing 103
PAPERLESS ORDER granting #102 Unopposed Motion for Extension of Time. Plaintiffs shall file a response to Defendants Motion to Dismiss on or before October 19, 2023. Signed by Judge Rodolfo A. Ruiz, II on 9/26/2023. (mei)
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| Filing 102 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. (Thelusma, Jennifer) |
| Filing 101 Partial ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Florian Education Investors LLC. (Carney, Michael) |
| Filing 100 Partial ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Health Career Institute LLC. (Carney, Michael) |
| Filing 99 MOTION TO DISMISS #93 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. Responses due by 10/10/2023 (Carney, Michael) |
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Filing 98
PAPERLESS ORDER granting #97 Defendants' Unopposed Motion for Extension of Time to File Response to Second Amended Complaint. Defendants shall respond to the Second Amended Complaint on or before September 25, 2023. Signed by Judge Rodolfo A. Ruiz, II on 9/7/2023. (mei)
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| Filing 97 Unopposed MOTION for Extension of Time Second Amended Complaint by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. Responses due by 9/21/2023 (Attachments: #1 Text of Proposed Order)(Carney, Michael) |
| Hearing(s) terminated. A status re: discovery was held/designated as Motion hearing in DE 95 . (spe) |
| Reset Response/Answer Due Deadline: Florian Education Investors LLC response/answer due 9/25/2023; Steven W Hart response/answer due 9/25/2023; Health Career Institute LLC response/answer due 9/25/2023. PER DE#98 (cds) |
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Filing 96
ORDER FOLLOWING SEPTEMBER 6, 2023 DISCOVERY HEARING. ORDER denying as moot #89 Motion for Discovery; granting #91 Motion to Compel. Finally, the Court DENIES Plaintiffs' request for an award of attorney's fees pursuant to Fed. R. Civ. P. 37, as the Court finds Defendants' arguments on these issues were substantially justified. Signed by Magistrate Judge Ryon M. McCabe on 9/6/2023. See attached document for full details. (nan)
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| Filing 95 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Motion Hearing held on 9/6/2023 re #91 Plaintiff's MOTION to Compel Deposition Testimony filed by Brittany Roberson, Bianca Vinas, Rebecca Freeman, Tresha Thompson, Tiffany King, #89 Defendant's MOTION for Discovery to Define the Scope of Financial Discovery filed by Health Career Institute LLC, Steven W Hart, Florian Education Investors LLC. Total time in court: 28 minutes. Attorney Appearance(s): Michael John Carney, Jennifer Thelusma, Rebecca C. Eisenbrey, (Digital Zoom Video Recording Start Time: 10:00 am) (jb02) |
| Filing 94 RESPONSE in Opposition re #91 Plaintiff's MOTION to Compel Deposition Testimony filed by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. Replies due by 9/12/2023. (Carney, Michael) |
| Filing 93 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Tiffany King, Rebecca Freeman, Bianca Vinas, Brittany Roberson, Tresha Thompson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Thelusma, Jennifer) |
| Filing 92 NOTICE of Striking #90 Amended Complaint/Amended Notice of Removal, filed by Brittany Roberson, Bianca Vinas, Rebecca Freeman, Tresha Thompson, Tiffany King by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas (Thelusma, Jennifer) |
| Filing 91 Plaintiff's MOTION to Compel Deposition Testimony by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 9/14/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thelusma, Jennifer) |
| Filing 90 STRICKEN per DE #92 . Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Tiffany King, Rebecca Freeman, Bianca Vinas, Brittany Roberson, Tresha Thompson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Thelusma, Jennifer) Modified on 9/5/2023 (pcs). |
| Filing 89 Defendant's MOTION for Discovery to Define the Scope of Financial Discovery by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. Responses due by 9/14/2023 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Carney, Michael) |
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Filing 88
PAPERLESS ORDER granting #87 Joint Motion for Hearing. By or before August 31, 2023, the parties shall file their respective discovery motions to address their discovery disputes pursuant to the Court's Order Setting Discovery Procedure #36 . The Court will address the disputes during a hearing conducted via Zoom video teleconference on 9/6/2023 at 10:00 AM in the West Palm Beach Division before Magistrate Judge Ryon McCabe. Thirty minutes reserved. To log in through ZoomGov Meeting, use Meeting ID: 160 562 6259 and Passcode: 508973. All participants at the hearing are expected to appear by both audio and video. If the parties resolve their disputes in whole or in part, the Court should be notified as promptly as possible. Signed by Magistrate Judge Ryon M. McCabe on 8/25/2023. (jb02)
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| Filing 87 Joint MOTION for Hearing by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. (Thelusma, Jennifer) |
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Filing 86
PAPERLESS ORDER granting #85 Plaintiffs' Unopposed Motion for Extension of Time to File Second Amended Complaint. Plaintiffs shall file their Second Amended Complaint on or before August 31, 2023. Signed by Judge Rodolfo A. Ruiz, II on 8/7/2023. (pwn)
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| Filing 85 Unopposed MOTION for Extension of Time to Amend First Amended Complaint by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 8/21/2023 (Thelusma, Jennifer) |
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Filing 84
ORDER granting in part and denying in part #55 Motion to Dismiss. Second Amended Class Action Complaint due by 8/17/2023. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2023. See attached document for full details. (pwn)
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Filing 83
ORDER ON MOTION TO COMPEL DISCOVERY (DE 76). ORDER denying without prejudice #76 Motion to Compel. Signed by Magistrate Judge Ryon M. McCabe on 7/31/2023. See attached document for full details. (nan)
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Filing 82
ORDER ON MOTION TO COMPEL (DE 77). ORDER granting #77 Motion to Compel. Signed by Magistrate Judge Ryon M. McCabe on 7/31/2023. See attached document for full details. (nan)
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| Filing 81 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Motion Hearing held on 7/31/2023 re #76 Plaintiff's MOTION to Compel Defendant HCI's Responses to Interrogatories filed by Brittany Roberson, Bianca Vinas, Rebecca Freeman, Tresha Thompson, Tiffany King, #77 Plaintiff's MOTION to Compel Production of Documents from Florida Department of Revenue filed by Brittany Roberson, Bianca Vinas, Rebecca Freeman, Tresha Thompson, Tiffany King. Total time in court: 29 minutes. Attorney Appearance(s): Michael John Carney, Nicole Casey Mayer, Victoria F. Roytenberg, Jennifer Thelusma, Rebecca C. Eisenbrey. (Digital Zoom Video Recording Start Time: 2:01 pm) (jb02) |
| Filing 80 RESPONSE to Motion re #76 Plaintiff's MOTION to Compel Defendant HCI's Responses to Interrogatories filed by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. Replies due by 8/4/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carney, Michael) |
| Filing 79 NOTICE of Attorney Appearance by Jennifer Thelusma on behalf of Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Attorney Jennifer Thelusma added to party Rebecca Freeman(pty:pla), Attorney Jennifer Thelusma added to party Tiffany King(pty:pla), Attorney Jennifer Thelusma added to party Brittany Roberson(pty:pla), Attorney Jennifer Thelusma added to party Tresha Thompson(pty:pla), Attorney Jennifer Thelusma added to party Bianca Vinas(pty:pla). (Thelusma, Jennifer) |
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Filing 78
PAPERLESS ORDER: The Court has reviewed Plaintiffs' Motions to Compel #76 #77 . Defendants shall respond to the Motions by or before Noon 12:00 PM on July 28, 2023. A hearing on the Motions shall be conducted via Zoom video teleconference (VTC) on July 31, 2023 at 2:00 PM in the West Palm Beach Division before Magistrate Judge Ryon McCabe. Thirty minutes reserved. To log in through ZoomGov Meeting, use Meeting ID: 160 562 6259 and Passcode: 508973. All participants at the hearing are expected to appear by both audio and video. In advance of the scheduled hearing, the Court directs the parties' counsel to confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery disputes in an effort to resolve them. If the parties resolve their disputes in whole or in part, the Court should be notified as promptly as possible. Signed by Magistrate Judge Ryon M. McCabe on 7/24/2023. (jb02)
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| Reset Deadlines as to #76 Plaintiff's MOTION to Compel Defendant HCI's Responses to Interrogatories , #77 Plaintiff's MOTION to Compel Production of Documents from Florida Department of Revenue . Responses due by 7/28/2023 (ls)(per DE #78) |
| Filing 77 Plaintiff's MOTION to Compel Production of Documents from Florida Department of Revenue by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 8/4/2023 (Mayer, Nicole) |
| Filing 76 Plaintiff's MOTION to Compel Defendant HCI's Responses to Interrogatories by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 8/4/2023 (Attachments: #1 Exhibit HCI's Responses to Interrogatories, #2 Exhibit Plaintiffs' 6.26.23 Meet and Confer Letter, #3 Exhibit Emails Between Counsel)(Mayer, Nicole) |
| Reset Deadlines/Hearings Mediation Deadline 2/5/2024. In Limine Motions due by 3/11/2024. Motions due by 2/12/2024. Pretrial Stipulation due by 3/11/2024. Calendar Call set for 4/30/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II. Jury Trial set for 5/6/2024 in Miami Division before Judge Rodolfo A. Ruiz II. (ls)(per DE #75 ) |
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Filing 75
ORDER granting #74 Joint Motion to Amend Scheduling Order. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2023. See attached document for full details. (pwn)
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| Filing 74 Joint MOTION to Amend/Correct Scheduling Order by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 7/28/2023 (Mayer, Nicole) |
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Filing 73
PAPERLESS ORDER granting #72 Plaintiffs' Unopposed Motion for Extension of Time to File Motion to Compel Better and More Complete Interrogatory Responses. Plaintiffs shall have until July 21, 2023 to file a motion to compel as to any remaining deficient discovery responses. Signed by Magistrate Judge Ryon M. McCabe on 7/5/2023. (jb02)
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| Filing 72 MOTION for Extension of Time to file Motion to Compel Better and More Complete Interrogatory Responses from Defendant Health Career Institute LLC by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 7/17/2023 (Mayer, Nicole) |
| Filing 71 STIPULATION Confidentiality by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas (Mayer, Nicole) |
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Filing 70
PAPERLESS ORDER granting #69 Defendants' Unopposed Motion for Extension of Time to File Motion to Compel Better and More Complete Discovery Responses. Defendants shall have until June 27, 2023 to file a motion to compel regarding Plaintiffs' responses to its First Interrogatories and Requests for Production of Documents. Signed by Magistrate Judge Ryon M. McCabe on 6/23/2023. (jb02)
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| Filing 69 Unopposed MOTION for Extension of Time to file Motion to Compel Better and More Complete Discovery Responses by Health Career Institute LLC. Responses due by 7/6/2023 (Carney, Michael) |
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Filing 68
PAPERLESS ORDER granting #67 Joint Motion for Extension of Time to Mediate. The mediation conference in this matter that was scheduled to be held with Rodney Max on June 15, 2023, at 10:00 a.m., [ECF No. 43], is hereby postponed. The parties shall file a renewed proposed order setting mediation no later than seven (7) days after Plaintiffs have filed their Motion for Class Certification. Signed by Judge Rodolfo A. Ruiz, II on 6/15/2023. (pwn)
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| Filing 67 Joint MOTION for Extension of Time to Mediate by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. (Attachments: #1 Text of Proposed Order)(Mayer, Nicole) |
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Filing 66
PAPERLESS ORDER granting #63 Plaintiffs' Motion to Amend Scheduling Order. The deadlines for class discovery and Plaintiffs' motion for class certification set by this Court's Scheduling Order, entered on February 6, 2023, [ECF No. 35], are hereby extended by forty-five (45) days. The deadline for completing class certification discovery is now July 3, 2023. The deadline for Plaintiffs to file their motion for class certification is now July 20, 2023. All other deadlines in the Scheduling Order shall remain unchanged. Signed by Judge Rodolfo A. Ruiz, II on 5/10/2023. (pwn)
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Filing 65
PAPERLESS ORDER granting #64 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Victoria F. Roytenberg. Signed by Judge Rodolfo A. Ruiz, II on 5/10/2023. (pwn)
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| Filing 64 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Victoria F. Roytenberg. Filing Fee $ 200.00 Receipt # AFLSDC-16607412 by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 5/24/2023 (Mayer, Nicole) |
| Filing 63 Plaintiff's MOTION for Extension of Time to extend deadlines by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. Responses due by 5/24/2023 (Attachments: #1 Exhibit Email, #2 Exhibit Email)(Mayer, Nicole) |
| Filing 62 REPLY to #55 MOTION to Dismiss with Prejudice #40 Amended Complaint/Amended Notice of Removal, by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. (Carney, Michael) |
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Filing 61
PAPERLESS ORDER granting #60 Defendants' Unopposed Motion for Extension of Time to File Reply to Plaintiffs' and the CFPB's Statement of Interest [DE 58-1], and to Exceed Page Limit for Reply. Defendants HCI, Florian and Hart shall be permitted to file a combined Reply to Plaintiffs' Response in Opposition to Motion to Dismiss Amended Complaint [ECF No. 57] and the CFPB's Statement of Interest [ECF No. 58-1] that is up to twenty (20) pages in length on or before April 28, 2023. The Court notes that Plaintiffs' Response does not appear to contain double spacing in violation of this Court's Policies and Procedures. Moving forward, parties are instructed to comply in full with the rules, including the Policies and Procedures. If parties believe they need extra pages to fulsomely brief a pleading, they shall make that request by motion. Signed by Judge Rodolfo A. Ruiz, II on 4/19/2023. (pwn)
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| Filing 60 MOTION for Extension of Time to File Response/Reply/Answer as to #57 Response/Reply (Other) by Health Career Institute LLC. (Attachments: #1 Text of Proposed Order)(Carney, Michael) |
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Filing 59
PAPERLESS ORDER granting #58 Consumer Financial Protection Bureau's Motion for Leave to File Statement of Interest. It is hereby ORDERED AND ADJUDGED that the CFPB's Statement of Interest in Support of Plaintiffs [ECF No. 581] is hereby FILED. Signed by Judge Rodolfo A. Ruiz, II on 4/14/2023. (pwn)
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| Filing 58 MOTION for Leave to File Statement of Interest by Consumer Financial Protection Bureau. Attorney Lauren Gorodetsky added to party Consumer Financial Protection Bureau(pty:am). (Attachments: #1 Memorandum Statement of Interest)(Gorodetsky, Lauren) |
| Filing 57 RESPONSE in Opposition to Defendants' Motion to Dismiss by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. (Mayer, Nicole) |
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Filing 56
PAPERLESS ORDER denying #49 Defendants' Motion to Stay the Issuance of Certain Subpoenas Pending Ruling on Motion to Dismiss ("Motion"). As a threshold matter, a party to the underlying action lacks standing to object to a subpoena served on a non-party "unless that party alleges a personal right or privilege with respect to the materials subpoenaed." Continuum on S. Beach Condo. v. QBE Ins. Corp., 338 F.R.D. 668, 669 (S.D. Fla. 2021) (quoting Armor Screen Corp. v. Storm Catcher, Inc., No. 0781091, 2008 WL 5049277, at *2 (S.D. Fla. 2008)). Defendants have not demonstrated that they have a right or privilege to the documents sought by the third-party subpoenas, and thus do not demonstrate standing to challenge issuance of the subpoenas. Even if Defendants did have standing, "the court must balance the harm produced by a delay in discovery against the possibility that [a] motion [to dismiss] will be granted and entirely eliminate the need for such discovery[.]" In re Mednax Servs., Inc., Customer Data Sec. Breach Litig., No. 21-MD-02994, 2021 U.S. Dist. LEXIS 195342, *7 (S.D. Fla. Oct. 9, 2021) (internal citation omitted). Defendants have not asserted arguments in their Motion to Dismiss with a strong likelihood of disposing of the entire case. See Trinidad v. Expedia, Inc., No. 19-cv-22629, 2020 U.S. Dist LEXIS 5486, at *2 (S.D. Fla. Jan. 13, 2020) (denying stay of discovery where defendant moved to dismiss complaint based on Rule 12(b)(6) and lack of personal jurisdiction). On the contrary, Plaintiffs have convincingly highlighted that material responsive to the subpoenas will shed light on corporate entities that interacted with Defendants, which could assist the Court in ruling on Defendants' personal jurisdiction arguments in their Motion to Dismiss. See Pls.' Opp'n to Defs.' Mot. to Stay Issuance of Certain Subpoenas Pending Ruling on Mot. to Dismiss [ECF No. 54] at 56. Accordingly, the Motion [ECF No. 49] is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 4/6/2023. (pwn)
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| Filing 55 MOTION to Dismiss with Prejudice #40 Amended Complaint/Amended Notice of Removal, by Health Career Institute LLC. Responses due by 4/13/2023 (Attachments: #1 Exhibit A)(Carney, Michael) |
| Filing 54 Plaintiff's RESPONSE in Opposition to Defendants' Motion to Stay Issuance of Certain Subpoenas Pending Ruling on Motion to Dismiss by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson. (Mayer, Nicole) |
| Reset Response/Answer Due Deadline: Florian Education Investors LLC response/answer due 3/30/2023; Steven W Hart response/answer due 3/30/2023; Health Career Institute LLC response/answer due 3/30/2023. (ls)(per DE #53) |
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Filing 53
PAPERLESS ORDER granting in part #52 Defendants' Unopposed Motion for Permission to Exceed Page Limit and for Extension of Time to File a Combined Response. Defendants shall file a single combined response to Plaintiffs' First Amended Class Action Complaint that is up to 35 pages maximum in length on or before March 30, 2023. Signed by Judge Rodolfo A. Ruiz, II on 3/28/2023. (pwn)
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| Filing 52 MOTION for Leave to File Excess Pages by Health Career Institute LLC. (Attachments: #1 Text of Proposed Order)(Carney, Michael) |
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Filing 51
PAPERLESS ORDER striking #46 #50 Defendants' Motions to Dismiss for failure to comply with the Court's Orders Requiring Combined Responses [ECF Nos. 23, 41]. Defendants shall refile one combined response as instructed by the Court and may motion for leave to file excess pages should they so require. Signed by Judge Rodolfo A. Ruiz, II on 3/27/2023. (pwn)
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| Filing 50 MOTION to Dismiss with Prejudice #40 Amended Complaint/Amended Notice of Removal, by Health Career Institute LLC. Responses due by 4/7/2023 (Carney, Michael) |
| Filing 49 MOTION to Stay Issuance of Certain Subpoenas Pending Ruling on Motion to Dismiss by Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC. Attorney Michael John Carney added to party Steven W Hart(pty:dft). Responses due by 4/4/2023 (Attachments: #1 Exhibit Plaintiffs' Notice of Intent to Serve Subpoenas with attached subpoenas)(Carney, Michael) |
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Filing 48
PAPERLESS ORDER granting #47 Plaintiffs' Motion for Leave to File a Consolidated Response to Defendants' Motions to Dismiss and for Leave to Exceed Page Limit. Plaintiffs' consolidated response to Defendants' Motions to Dismiss shall be filed no later than 14 days after Defendant Steven W. Hart files his Motion to Dismiss and Plaintiffs' Response may be up to, but no more than, 30 pages. Signed by Judge Rodolfo A. Ruiz, II on 3/17/2023. (pwn)
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| Filing 47 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer to Defendants' Motions to Dismiss, Plaintiff's MOTION for Leave to File Excess Pages in Response to Defendants' Motions to Dismiss by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas. (Attachments: #1 Text of Proposed Order)(Mayer, Nicole) |
| Filing 46 MOTION to Dismiss with Prejudice #40 Amended Complaint/Amended Notice of Removal, by Florian Education Investors LLC, Health Career Institute LLC. Attorney Michael John Carney added to party Florian Education Investors LLC(pty:dft). Responses due by 3/21/2023 (Attachments: #1 Exhibit Declaration of Steven W. Hart)(Carney, Michael) |
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Filing 45
PAPERLESS ORDER granting in part #44 Defendants' Unopposed Motion for Permission to Exceed Page Limit. Defendants are permitted to file a Motion to Dismiss that is up to thirty (30) pages maximum in length. Signed by Judge Rodolfo A. Ruiz, II on 3/6/2023. (pwn)
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| Filing 44 Defendant's MOTION for Leave to File Excess Pages by Health Career Institute LLC. (Attachments: #1 Text of Proposed Order)(Carney, Michael) |
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Filing 43
ORDER SCHEDULING MEDIATION: ORDER Scheduling Mediation before Rodney Max Mediation Hearing set for 6/15/2023 10:00 AM Signed by Judge Rodolfo A. Ruiz, II on 2/28/2023. See attached document for full details. (nan)
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| Filing 42 NOTICE by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas of Filing Proposed Order Scheduling Mediation (Attachments: #1 Exhibit) (Mayer, Nicole) |
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Filing 41
PAPERLESS ORDER denying #26 Defendant Floridan Education Investors LLC's Motion to Dismiss, and #27 Defendant Health Career Institute LLC's Motion to Dismiss, ("Motions") as moot. Sua sponte review of the docket reflects that Plaintiff has filed a First Amended Complaint. [ECF No. 40]. Therefore, Defendants' Motions [ECF Nos. 26, 27] are DENIED AS MOOT. Moreover, the Court reminds Defendants to comply with the Order Requiring Combined Responses [ECF No. 23] mandating that Defendants submit "a single combined response or separate answers." Signed by Judge Rodolfo A. Ruiz, II on 2/21/2023. (pwn)
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| Filing 40 First AMENDED COMPLAINT against Florian Education Investors LLC, Steven W Hart, Health Career Institute LLC, filed by Tiffany King, Rebecca Freeman, Bianca Vinas, Brittany Roberson, Tresha Thompson. (Attachments: #1 Exhibit UCC Financing Statement, #2 Exhibit Enrollment Agreement of Brittany Roberson, #3 Exhibit Enrollment Agreement of Rebecca Freeman, #4 Exhibit Enrollment Agreement of Tresha Thompson)(Mayer, Nicole) |
| Filing 39 NOTICE of Striking #38 Amended Complaint/Amended Notice of Removal, filed by Brittany Roberson, Bianca Vinas, Rebecca Freeman, Tresha Thompson, Tiffany King by Rebecca Freeman, Tiffany King, Brittany Roberson, Tresha Thompson, Bianca Vinas (Mayer, Nicole) |
| Filing 38 "STRICKEN" First AMENDED COMPLAINT against Florian Education Investors LLC, Health Career Institute LLC, Steven W Hart, filed by Bianca Vinas, Brittany Roberson, Tiffany King, Rebecca Freeman, Tresha Thompson. (Attachments: #1 Exhibit UCC Financing Statement, #2 Exhibit Enrollment Agreement of Brittany Roberson, #3 Exhibit Enrollment Agreement of Rebecca Freeman, #4 Exhibit Enrollment Agreement of Tresha Thompson)(Mayer, Nicole) Modified on 2/22/2023 (ls). (per DE #39) |
| Filing 37 NOTICE by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas of Intent to File First Amended Complaint (Mayer, Nicole) Modified Text on 2/15/2023 (ls). |
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Filing 36
ORDER SETTING DISCOVERY PROCEDURE: Signed by Magistrate Judge Ryon M. McCabe on 2/7/2023. See attached document for full details. (nan)
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Filing 35
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: SCHEDULING ORDER: ( Jury Trial set for 2/26/2024 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 2/20/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 3/17/2023., Discovery due by 10/31/2023., Expert Discovery due by 10/31/2023., Joinder of Parties due by 3/17/2023., Mediation Deadline 11/7/2023., In Limine Motions due by 12/12/2023., Dispositive Motions due by 11/14/2023., Motions due by 11/14/2023.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/7/2023.), ORDER REFERRING CASE to Magistrate Judge Ryon M. McCabe for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 2/6/2023. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 34 NOTICE of Attorney Appearance by James Joseph Dean on behalf of Florian Education Investors LLC, Health Career Institute LLC (Dean, James) |
| Filing 33 NOTICE of Striking Document [D.E. 28] by Florian Education Investors LLC, Health Career Institute LLC. Attorney James Joseph Dean added to party Florian Education Investors LLC(pty:dft), Attorney James Joseph Dean added to party Health Career Institute LLC(pty:dft). (Dean, James) Text Modified on 2/2/2023 (scn). |
| Filing 32 NOTICE by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas Certificate of Interested Parties (Mayer, Nicole) |
| Filing 31 Joint SCHEDULING REPORT - Rule 26(f) by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas (Attachments: #1 Text of Proposed Order)(Mayer, Nicole) |
| Filing 30 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Health Career Institute LLC (Carney, Michael) |
| Filing 29 Clerk's Notice to Filer re #28 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 28 (STRICKEN PER DE#33) NOTICE of Attorney Appearance by Bob L. Harris on behalf of Florian Education Investors LLC, Health Career Institute LLC (Harris, Bob) Modified on 2/2/2023 (scn). |
| Filing 27 MOTION to Dismiss #1 Complaint, by Health Career Institute LLC. Responses due by 2/14/2023 (Carney, Michael) |
| Filing 26 MOTION to Dismiss #1 Complaint, by Health Career Institute LLC. Responses due by 2/14/2023 (Carney, Michael) |
| Filing 25 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Health Career Institute LLC. Attorney Michael John Carney added to party Health Career Institute LLC(pty:dft). (Carney, Michael) |
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Filing 24
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements due by 2/1/2023. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2023. See attached document for full details. (jas)
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Filing 23
ORDER REQUIRING COMBINED RESPONSES. ORDERED AND ADJUDGED that Defendants shall submit a single combined response or separate answers on or before 1/31/2023. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2023. See attached document for full details. (jas)
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| Reset Response/Answer Due Deadline: Florian Education Investors LLC response/answer due 1/31/2023; Health Career Institute LLC response/answer due 1/31/2023. PER DE#22 (cds) |
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Filing 22
PAPERLESS ORDER granting #21 Amended and Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendants shall respond to Plaintiffs' Complaint on or before January 31, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2023. (pwn)
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| Filing 21 Amended MOTION for Extension of Time Complaint re #1 Complaint, by Health Career Institute LLC. Responses due by 1/27/2023 (Attachments: #1 Text of Proposed Order)(Fox, Barbara) |
| Filing 20 Defendant's MOTION for Extension of Time Complaint re #1 Complaint, by Health Career Institute LLC. Attorney Barbara Elizabeth Fox added to party Health Career Institute LLC(pty:dft). Responses due by 1/27/2023 (Attachments: #1 Text of Proposed Order)(Fox, Barbara) |
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Filing 19
PAPERLESS ORDER granting #18 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall file a response on or before January 17, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/4/2023. (pwn)
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| Reset Response/Answer Due Deadline: Florian Education Investors LLC response/answer due 1/17/2023; Health Career Institute LLC response/answer due 1/17/2023. (ls)(per DE #19) |
| Filing 18 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Florian Education Investors LLC, Health Career Institute LLC. Attorney Bob L. Harris added to party Florian Education Investors LLC(pty:dft), Attorney Bob L. Harris added to party Health Career Institute LLC(pty:dft). (Harris, Bob) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bianca Vinas, Brittany Roberson, Tiffany King, Rebecca Freeman. Health Career Institute LLC served on 12/13/2022, response/answer due 1/3/2023. (Mayer, Nicole) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bianca Vinas, Brittany Roberson, Tiffany King, Rebecca Freeman. Florian Education Investors LLC served on 12/12/2022, response/answer due 1/3/2023. (Mayer, Nicole) |
| Filing 15 NOTICE of Striking #13 Summons Returned Executed, filed by Brittany Roberson, Bianca Vinas, Rebecca Freeman, Tiffany King by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas (Mayer, Nicole) |
| Filing 14 Clerk's Notice to Filer re #13 Summons Returned Executed,. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 13 "STRICKEN" SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bianca Vinas, Brittany Roberson, Tiffany King, Rebecca Freeman. Florian Education Investors LLC served on 12/13/2022, response/answer due 1/3/2023. (Mayer, Nicole) Modified on 12/16/2022 (ls). (per DE #15 ) |
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Filing 12
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Eric A. Schmidt. Signed by Judge Rodolfo A. Ruiz, II on 12/7/2022. (pw)
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Filing 11
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Rebecca C. Eisenbrey. Signed by Judge Rodolfo A. Ruiz, II on 12/7/2022. (pw)
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| Filing 10 Clerk's Notice to Filer re #7 Notice for PHV Attorney to Receive Electronic Notification. Wrong Document Uploaded; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile a correct copy of the document. (ls) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric A. Schmidt. Filing Fee $ 200.00 Receipt # AFLSDC-16150240 by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas. Responses due by 12/20/2022 (Mayer, Nicole) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca C. Eisenbrey. Filing Fee $ 200.00 Receipt # AFLSDC-16150204 by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas. Responses due by 12/20/2022 (Mayer, Nicole) |
| Filing 7 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Rebecca Freeman, Tiffany King, Brittany Roberson, Bianca Vinas (Mayer, Nicole) |
| Filing 6 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Nicole C. Mayer re #4 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 5 Bar Letter re: Admissions sent to attorneys Rebecca Eisenbrey and Eric Schmidt, mailing date December 5, 2022. (cw) |
| Filing 4 NOTICE of Change of Address, Email or Law Firm Name by Nicole C. Mayer (Mayer, Nicole) |
| Filing 3 Summons Issued as to Florian Education Investors LLC, Health Career Institute LLC. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (aao) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16143968, filed by Bianca Vias, Brittany Roberson, Tiffany King, Rebecca Freeman. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit UCC Financing Statement, #5 Exhibit Brittany Roberson Enrollment Agreement, #6 Exhibit Rebecca Freeman Enrollment Agreement)(Mayer, Nicole) |
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