Digital Media Solutions, LLC v. South University of Ohio, LLC et al

Plaintiff: Digital Media Solutions, LLC
Defendant: South University of Ohio, LLC, DCEH Education Holdings, LLC, DC South University of Ohio LLC and Argosy Education Group, LLC
Petitioner: Douglas Emmett 2010, llc
Intervenor Plaintiff: Buncher Company, Stephanie Porreca, Historic Berriman-Morgan, LLC, Robert J. Infusino, Hemingway at Richmond, LLC, Studio Enterprise Manager, LLC, Emmanuel Dunagan, Jessica Muscari, Fluorine,LLC, HGF L.P., Pro Se Marina A. Awed, Dream Center South University, LLC, Nancy Sandoval Bailon, Kirstin Klein, Elizabeth Chavis, Steven Finley, Chelsea Krueger, Kimia Davoodi, Michael W. Caldwell, Shane Kennedy, Jonathon Brown, Natalie Sanchez, Amanda Tarby, Alexander Torres, Keith Karnes, Jenna Goodman, Khachatur Ayvazyan, Cesia Alvarez, Diana Torres, Autumn Van Voorhis, Christina Gutierrez, Sandra Davidson, Jessica Yee, Ed Delgado, Ariana Arestegui, Arthur Dermendjian, Demis Camacho, Daisy Mercado, Rachel Zuckowich, Sydney McGregor, Donovan Fleming, Kelsy Fraser, Stephanie Barrera, Milad Alipour, Alina Muradyan, Kevin Rath, Ruby Juarez, Nader Mikhail, Jeff Martin, Kirsten Welch, Orchideh Ghavidel Kalhorani, Gardenia Montero, Ashley Maderos, Emamuel Gipson, Monica Phan, Megan B. Mavis, Celeste Motaghedi, Alleli Carino, Graham Thomas, Vivian S. Kim, Elizabeth Lopez, Erika Cervantes, Jericho Williams, Adam Fayad, Jeffrey Ananias, Katherine Saitz, Anna Trujillo, Viswesh Chandramouli, Erick N. Ha, Yesenia Duenas, Mila Afshar, Jose Michel, Nathalie Gonzalez-Serrano, Brad Johnson, Nawal Atoura, Nicole Solt, Lilit Gasparyan, Sabrina Meng, Eduardo Dominguez, Sanaz Mirza Hosseini, Brianna M. Milligan, Jose Jaime Pedoza, Ryan M. McIntosh, Canon J. Thomas, Jesse Ryan Starnes, Heather Berg, Jennifer Nakamura, Dylan Gunzel, Magaly Rubio, Hannah B. Shupe, Samantha Leong, Rachel Kennel, Prudential Insurance Company of America, Kendrick Harrison, Jayne Kenney, Atena Life Insurance Company, Save the Art Institute of Las Vegas Limited, Karen Chapman, Debbie Baskerville, Rebecca Kelley, Management Services Group, Inc. and State of Nevada Commission on Postsecondary Education
Intervenor: Benefit Administrative Systems, LLC, Thomas J Perrelli, U.S. Bank, National Association, Flagler Master Fund SPC Ltd., Tech Park 6, LLC, Middle States Commission on Higher Education, Hartford Fire Insurance Company, CSU Fullerton Auxiliary Services Corporation, Journeyed.com, Inc., Sarah Watts, Kimberly Milbrandt, Ashley York and Brandy Chandler
Interested Party: HEFCO Meadowbrook LLC, Store SPE 1200 Lincoln, LLC, 3601 Sunflower LLC, AI Philadelphia Limited Partnership, Cheyanna Jaffke, Marina Awed, 2323 Elliott Avenue, LLC, United States, Allen K. Easley, Gregory L. Bentley, William D. Shapiro, Joseph D. Harbaugh, Jamienne S. Studley, Minnesota Office of Higher Education and CAZ 1 DE LLC
Not Yet Classified: Mark E. Dottore
Case Number: 1:2019cv00145
Filed: January 18, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: Thomas M Parker
Referring Judge: Dan Aaron Polster
Nature of Suit: Negotiable Instrument
Cause of Action: 28:1332
Jury Demanded By: None

Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Filing 389 Joint Motion for extension of time until 7/31/19 to file a Motion to stay filed by Receiver Mark E. Dottore. (Related document(s) #383 , #386 ). (Nemer, Charles)
July 5, 2019 Filing 388 Letter filed by Minnesota Office of Higher Education. (Related document(s) #341 , #355 ). (Attachments: #1 Affidavit of Betsy Talbot in Support of Position Statement, #2 Exhibit MN OHE - Second Talbot Affidavit Exhibit 1 - MN GI Bill) (Welsh, Ian)
July 3, 2019 Filing 387 Intervenor's complaint. Filed by Management Services Group, Inc.. (Knaebel, Jeremy)
July 2, 2019 Opinion or Order Filing 386 Order granting State of Nevada, Commission on Postsecondary Education's Motion to intervene. (Related Doc #383 ). The court hereby ORDERS Nevada to file its motion to lift stay on or before July 16, 2019. The receiver's response will be due ten days after Nevada files its motion. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/2/2019. (D,JJ)
July 2, 2019 Opinion or Order Filing 385 Order granting Kimberly Milbrandt, Ashley York, Sarah Watts, and Brandy Chandler's Motion to intervene as a party, but they are not permitted to serve as delegates for the other unnamed students. IT IS SO ORDERED. (Related Doc #374 ). Magistrate Judge Thomas M. Parker on 7/2/2019. (D,JJ)
July 2, 2019 Opinion or Order Filing 384 Order authorizing the Receiver to employ Morgan Stanley Smith Barney LLC and its subsidiary, Graystone Consulting, to offer consulting services and to terminate the 401(k) Plan of Dream Center Education Holdings (Related Doc #368 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 7/2/2019. (D,JJ)
July 2, 2019 Opinion or Order Order [non-document] granting Management Services Group, Inc.'s Motion to intervene as a party. (Related Doc #381 ). Magistrate Judge Thomas M. Parker on 7/2/2019.(D,JJ)
June 28, 2019 Filing 383 Motion to intervene as a party and the Limited Lifting of Receivership Stay filed by Interested Party State of Nevada Commission on Postsecondary Education. (Attachments: #1 Exhibit 1 Declaration of Kelly D. Wuest, #2 Exhibit 2 Unresolved Student Complaints, #3 Exhibit 3 Cancellation Notice)(Whitney, Robert)
June 28, 2019 Filing 382 Reply in support of #374 Motion to intervene as a party, to Intervene Pursuant to Federal Rule of Civil Procedure 24 filed by Brandy Chandler, Kimberly Milbrandt, Sarah Watts, Ashley York. (Attachments: #1 Exhibit A - Email from Eric Rothschild dated June 25, 2019, #2 Exhibit B - Email from Sarah Watts dated June 25, 2019, #3 Exhibit C - Email from Sarah Watts dated June 19, 2019)(Gurbst, Richard)
June 27, 2019 Filing 381 Motion to intervene as a party with memorandum in support, and proposed order filed by Plaintiff/Intervenor Management Services Group, Inc.. (Attachments: #1 Exhibit A: Complaint to Intervene) (Knaebel, Jeremy)
June 26, 2019 Opinion or Order Filing 380 Order approving stipulation between the Receiver and Intervenors Journeyed.com, Inc. and Save the Arts Institute Las Vegas to terminate Adobe Software licenses. (Related Doc #378 ). Magistrate Judge Thomas M. Parker on 6/26/2019. (D,JJ)
June 26, 2019 Filing 379 Opposition to #372 Motion Amendment to Application of Mark E. Dottore, Receiver For Fees and Expenses For the Period of January 18, 2019 Through May 10, 2019, #371 Amendment to Motion for attorney fees Amendment to First Interim Application of Whitmer & Ehrman LLC, Attorneys for Mark E. Dottore, Receiver, For Compensation and Reimbursement of Expenses by James W. Ehrman filed by 3601 Sunflower LLC. (Stavole, William)
June 26, 2019 Filing 378 Motion an Order Approving the Stipulation to Terminate Adobe Software Licenses filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Stipulation and Order to Terminate Adobe Software Licenses)(Whitmer, Mary)
June 26, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #376 ). Approved by Judge Dan Aaron Polster on 6/26/2019.(K,K)
June 25, 2019 Filing 377 Statement of Interest Concerning Potential Sale of Western State University College of Law filed by United States. (Pham, Danielle)
June 24, 2019 Filing 375 Response to #374 Motion to intervene as a party of Kimberly Milbrandt, Ashley York, Sarah Watts and Brandy Chandler to Intervene Pursuant to Federal Rule of Civil Procedure 24 filed by Mark E. Dottore. (Berkson, Hugh)
June 21, 2019 Filing 376 Motion for attorney Robert A. Whitney to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660115211, filed by Interested Party State of Nevada Commission on Postsecondary Education. (Attachments: #1 Affidavit of Robert A. Whitney, #2 Proposed Order)(P,WL)
June 21, 2019 Filing 374 Motion to intervene as a party, to Intervene Pursuant to Federal Rule of Civil Procedure 24 filed by Kimberly Milbrandt, Ashley York, Sarah Watts, Brandy Chandler. (Attachments: #1 Exhibit A - Declarations of Intervenors, #2 Exhibit B - Emails between Students and Receiver, #3 Exhibit C - Emails between Counsel for Intervenor and Counsel for Receiver, #4 Exhibit D - Emails between Student Hannah Paull and Counsel for Receiver, #5 Exhibit E - Email from Intervenor Kimberly Milbrandt to the Court, #6 Proposed Order)(Gurbst, Richard)
June 21, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Gwen R. Mullins for Save the Art Institute of Las Vegas Limited. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #373 ). Approved by Judge Dan Aaron Polster on 6/21/2019.(K,K)
June 20, 2019 Filing 373 Motion for Attorney Gwen R. Mullins to Appear Pro Hac Vice Filing fee $ 120, receipt number 0647-9376374, filed by Plaintiff/Intervenor Save the Art Institute of Las Vegas Limited. (Long, Anthony)
June 19, 2019 Filing 372 Amendment to Application of Mark E. Dottore, Receiver For Fees and Expenses For the Period of January 18, 2019 Through May 10, 2019 filed by Receiver Mark E. Dottore. Related document(s) #333 . (Ehrman, James)
June 19, 2019 Filing 371 Amendment to Motion for attorney fees Amendment to First Interim Application of Whitmer & Ehrman LLC, Attorneys for Mark E. Dottore, Receiver, For Compensation and Reimbursement of Expenses by James W. Ehrman filed by Receiver Mark E. Dottore. Related document(s) #334 . (Ehrman, James)
June 18, 2019 Filing 370 Response to 3601 Sunflower LLC's Objections to Fee Applications of Receiver and Receiver's Counsel filed by Mark E. Dottore. Related document(s) #367 . (Whitmer, Mary)
June 17, 2019 Filing 369 Reply of the Settlement Administrator Regarding the DCEH Accreditation Corrective Action Plan filed by Thomas J Perrelli. Related document(s) #360 . (Keating, Grant)
June 13, 2019 Filing 368 Application an Order Appointing Morgan Stanley Smith Barney LLC to Close 401(k) Plan of Dream Center Education Holdings filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Morgan Stanley Institutional Consulting Agreement, #2 Exhibit Morgan Stanley Graystone Consulting Resume, #3 Exhibit Affidavit of Robert Mandel)(Whitmer, Mary)
June 12, 2019 Filing 367 Objection to Fee Applications of Receiver and Receiver's Counsel filed by 3601 Sunflower LLC. (Stavole, William)
June 12, 2019 Filing 366 Reply to Receiver's Response to Limited Objections filed by CSU Fullerton Auxiliary Services Corporation. Related document(s) #361 . (Attachments: #1 Exhibit Declaration of Charles Kissel) (Hicks, Todd)
June 12, 2019 Opinion or Order Filing 365 Order requiring receiver to indicate source of funds sought for receiver and outside counsel fees. Related document(s) #333 , #334 , #349 , #358 . Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 6/12/2019. (D,JJ)
June 11, 2019 Opinion or Order Filing 364 Order: The limited objections filed by Tech Park 6, LLC (ECF #352 ), CSU Fullerton (ECF #357 ), and the intervening students (ECF #359 ) are OVERRULED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 6/11/2019. (P,WL)
June 11, 2019 Opinion or Order Filing 363 Order denying as moot Receiver Mark E. Dottore's Motion For an Order Authorizing Purchase of "Tail" Extension Under Directors and Officers Insurance Policies and Granting Priority Claim to Third-Party Lender Advancing Funds to Pay Insurance Premiums for the Tail Extensions (Related Doc #263 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 6/11/2019.(P,WL)
June 10, 2019 Filing 362 Response to Hemingway at Richmond, LLC's and 3601 Sunflower, LLC's Position Statements filed by Mark E. Dottore. Related document(s) #313 , #304 . (Oleski, Nicholas)
June 10, 2019 Filing 361 Response to CSU Fullerton Auxiliary Services Corporation's Limited Objection to Proposed Plan to Modify and Streamline the Receivership filed by Mark E. Dottore. Related document(s) #357 . (Attachments: #1 Exhibit A - 3/14/19 Richard Price Email)(Oleski, Nicholas)
June 10, 2019 Filing 360 Response to the Position Statement of the Settlement Administrator Regarding The DCEH Accreditation Corrective Action Plan filed by Mark E. Dottore. Related document(s) #323 . (Stefancin, Robert)
June 7, 2019 Filing 359 Limited Objection to the Receiver's Proposed Plan to Modify and Streamline the Receivership filed by Marina A. Awed, Emmanuel Dunagan, Kendrick Harrison, Robert J. Infusino, Jayne Kenney, Jessica Muscari, Stephanie Porreca. Related document(s) #349 . (Gurbst, Richard)
June 6, 2019 Opinion or Order Order [non-document]: On or before 4:00 PM on Monday, June 10, 2019, Receiver Mark Dottore must file a response to CSU Fullerton Auxiliary Services Corporation's limited objection to proposed plan to modify and streamline receivership. Related ECF Doc. #357 . Magistrate Judge Thomas M. Parker on 6/6/2019. (D,JJ)
June 5, 2019 Filing 358 Response to Tech Park 6, LLC's Limited Objection to Proposed Plan to Modify and Streamline the Receivership filed by Mark E. Dottore. Related document(s) #352 , #349 . (Attachments: #1 Exhibit - A - Revised Budget) (Berkson, Hugh)
June 5, 2019 Filing 357 Limited Objection to Proposed Plan to Modify and Streamline the Receivership filed by CSU Fullerton Auxiliary Services Corporation. Related document(s) #349 . (Attachments: #1 Exhibit A Declaration of Charles Kissell, #2 Exhibit B Proposed Order) (Hicks, Todd)
June 4, 2019 Filing 356 Statement Regarding the Destruction of Education Training Files at Argosy University, Atlanta Campus filed by Mark E. Dottore. Related document(s) #353 . (Whitmer, Mary)
June 3, 2019 Filing 355 Reply to response to #341 Motion to intervene as a party and Reply to #342 Minnesota Position Statement filed by Mark E. Dottore. (Berkson, Hugh)
June 3, 2019 Opinion or Order Filing 354 Order granting the receiver's motion to approve second settlement agreement (Related Doc #331 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 6/3/2019. (D,JJ)
June 3, 2019 Opinion or Order Filing 353 Order: On or before June 5, 2019, Receiver Mark Dottore ("the receiver") must file an explanation regarding the destruction of educational and training files of the Georgia School of Professional Psychology - Argosy University, Atlanta Campus. The receiver's explanation must include a statement regarding whether the unavailability of the training files is, in any way, a fault or responsibility of the students, and a statement as to whether there is any recourse available to either the receiver or the students against the entity that destroyed the student training files. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 6/3/2019. (D,JJ)
June 3, 2019 Opinion or Order Order [non-document]: On or before June 5, 2019, the receiver must file a response to Tech Park 6, LLC's limited objection to proposed plan to modify and streamline receivership. (ECF Doc. #352 ). Magistrate Judge Thomas M. Parker on 6/3/2019. (D,JJ)
June 3, 2019 Opinion or Order Order [non-document] granting Karen Chapman's Motion to intervene as a party. (Related Doc #345 ). Magistrate Judge Thomas M. Parker on 6/3/2019. (D,JJ)
May 31, 2019 Filing 352 Limited Objection To Proposed Plan To Modify And Streamline The Receivership filed by Tech Park 6, LLC. Related document(s) #349 . (Attachments: #1 Exhibit A - Proposed Order) (Chesley, Richard)
May 31, 2019 Filing 351 Response to Save the Art Institute's Limited Objection and/or Motion to Approve Second Settlement Agreement (As Corrected) filed by Studio Enterprise Manager, LLC. Related document(s) #350 . (Gibbons, M.)
May 31, 2019 Filing 350 Response to Save the Art Institute's Limited Objection and/or Motion to Approve Second Settlement Agreement filed by Studio Enterprise Manager, LLC. Related document(s) #346 . (Gibbons, M.)
May 30, 2019 Filing 349 Proposed Plan to Modify and Streamline the Receivership filed by Mark E. Dottore. Related document(s) #335 . (Attachments: #1 Exhibit Exhibit A - Cash Flow, #2 Exhibit Exhibit B - 13 Week Budget, #3 Exhibit Exhibit C - Proposed Order)(Whitmer, Mary)
May 30, 2019 Filing 348 Statement of Financial Benefits Allegedly Achieved Through Receivership filed by Mark E. Dottore. Related document(s) #335 . (Whitmer, Mary)
May 29, 2019 Opinion or Order Order [non-document]: On or before noon on Friday, May 31, 2019, Studio Enterprise Manager, LLC must file a response to Save the Art Institute's limited objection to the motion to approve the second settlement agreement. ECF Doc. #346 . Magistrate Judge Thomas M. Parker on 5/29/2019. (D,JJ)
May 29, 2019 Filing 347 Limited Objection to the Second Settlement Agreement Pertaining to the Adobe Software License filed by Journeyed.com, Inc.. Related document(s) #338 . (Sayre, John)
May 29, 2019 Filing 346 Response to #331 Motion to Approve Second Settlement Agreement Deadline for Filing Objections Included Herein filed by Save the Art Institute of Las Vegas Limited. (Long, Anthony)
May 28, 2019 Filing 345 Motion to Intervene as an Interested Party filed by Movant Karen Chapman. (Attachments: #1 Envelope)(S,KM)
May 28, 2019 Opinion or Order Filing 344 Order: The receiver's motion for preliminary and permanent injunction (ECF Doc. #295 ) is not well taken and is DENIED. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 5/28/2019. (D,JJ)
May 28, 2019 Opinion or Order Order [non-document]: The court, having already granted Minnesota Office of Higher Education the right to intervene (ECF Doc. #340 ), denies, as moot, the second motion to intervene filed by said party. ECF Doc. #341 . Magistrate Judge Thomas M. Parker on 5/28/2019. (D,JJ)
May 28, 2019 Opinion or Order Filing 343 Agreed Order between Receiver (on behalf of DCEH and the other receivership entities) and Aetna Life Insurance Company. (Related Doc #248 ). Approved by Magistrate Judge Thomas M. Parker on 5/28/2019. (D,JJ)
May 24, 2019 Opinion or Order Order [non-document]: Within 10 days of this order, the receiver must file a response to the Letter filed by Minnesota Office of Higher Education. ECF Doc. #342 . Magistrate Judge Thomas M. Parker on 5/24/2019. (D,JJ)
May 24, 2019 Opinion or Order Order [non-document] granting Minnesota Office of Higher Education's Motion to intervene as a party. (Related Doc #340 ). Magistrate Judge Thomas M. Parker on 5/24/2019. (D,JJ)
May 24, 2019 Filing 342 Letter filed by Minnesota Office of Higher Education. (Attachments: #1 Affidavit Affidavit of Betsy Talbot in Support of Position Statement, #2 Exhibit Institutional Participation Agreement, #3 Exhibit Minnesota State Grant Program 2016-2017, #4 Exhibit Expenditures from Argosy, #5 Exhibit Minnesota GI Bill 2018, #6 Exhibit Expenditures from Argosy 5/10/19, #7 Exhibit 2017-2018 Post Secondary Child Care Grant Program, #8 Exhibit Self Loan Agreement, #9 Exhibit Self Loan Disbursements, #10 Exhibit OHE Self Loan Stipend Data)(Welsh, Ian)
May 24, 2019 Filing 341 Motion to intervene as a party filed by Intervenor Minnesota Office of Higher Education. (Attachments: #1 Pleading Memorandum in Support of Unopposed Motion to Intervene, #2 Affidavit Affidavit of Ian Welsh in Support of Unopposed Motion to Intervene, #3 Exhibit Exhibit 1 to Affidavit of Ian Welsh in Support of Unopposed Motion to Intervene, #4 Proposed Order Proposed Order Granting Minnesota Office of Higher Education Unopposed Motion to Intervene)(Welsh, Ian)
May 24, 2019 Filing 340 Motion to intervene as a party filed by Interested Party Minnesota Office of Higher Education, Intervenor Minnesota Office of Higher Education. (Welsh, Ian)
May 24, 2019 Opinion or Order Order [non-document] granting Rebecca Kelley's Motion to intervene as a party. (Related Doc #339 ). Magistrate Judge Thomas M. Parker on 5/24/2019. (D,JJ)
May 23, 2019 Filing 339 Motion to intervene as interested party filed by Interested Party Rebecca Kelley. (Attachments: #1 Envelope)(S,KM)
May 23, 2019 Opinion or Order Filing 338 Order: On May 15, 2019, Receiver Mark Dottore filed a motion to approve second settlement agreement (ECF Doc. #331 ) and requested that the court schedule a deadline for filing objections. The receiver's request is granted. Any and all objections to the motion to approve second settlement agreement must be filed on or before 12:00 noon on May 29, 2019. If no objections are filed, the court will grant the motion to approve. Magistrate Judge Thomas M. Parker on 5/23/2019. (D,JJ)
May 22, 2019 Opinion or Order Order [non-document] granting Debbie Baskerville's Motion to intervene as a party. (Related Doc #337 ). Magistrate Judge Thomas M. Parker on 5/22/2019. (D,JJ)
May 22, 2019 Filing 337 Motion to intervene as Interested Party filed by Interested Party Debbie Baskerville. (Attachments: #1 Envelope)(S,KM)
May 21, 2019 Opinion or Order Order [non-document]: The receiver e-mailed the court requesting a deadline for responding to the position statements that were filed on or about May 10, 2019. Any and all responses must be filed on or before June 10, 2019. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 5/21/2019. (D,JJ)
May 20, 2019 Opinion or Order Filing 336 Order: The court GRANTS the receiver's motion for reconsideration. ECF Doc. #277 . The receiver is not required to respond to the discovery requests of the student intervenors. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 5/20/2019. Related Doc #297 . (D,JJ)
May 20, 2019 Opinion or Order Order [non-document]: In light of the receiver's agreement to execute an amended sublease, Studio's motion for an order requiring the receiver to execute sublease is DENIED, as moot. (Related Doc #230 ). Magistrate Judge Thomas M. Parker on 5/20/2019. (D,JJ)
May 20, 2019 Opinion or Order Filing 335 Order: On May 6, 2019, the receiver sent a letter to the court asserting that he is unable to fulfill some of his duties before May 31, 2019 and that terminating the receivership at that time will prevent the sale of the law school and the completion of teach-out periods for three other universities. Within ten days of this order, the receiver must propose an order to modify and significantly streamline the receivership to enable it to: complete the sale of Western State College of Law; ensure that the teach-outs at South University of Ohio and South University of Michigan are being fully managed by Dream Center South University, LLC; take steps to ensure the orderly transfer of the Art Institute of Las Vegas, LLC to Save Las Vegas, all within as short a time period as possible. Also within ten days of this order, the receiver must file a statement of financial benefits allegedly achieved through the receivership. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 5/20/2019. (D,JJ)
May 20, 2019 Opinion or Order Order [non-document] granting Flourine, LLC's #293 Motion to Join 3601 Sunflower, LLC's Brief in Opposition to Receiver's Motion for Order Authorizing Purchase of Tail Extension Under D&O Policies and Granting Priority Claim to Third-Party Lender. Magistrate Judge Thomas M. Parker on 5/20/2019. (D,JJ)
May 16, 2019 Filing 334 Motion /First Interim Application for Compensation and Reimbursement of Expenses for the period of January 18, 2019 through May 10, 2019 by Mary K. Whitmer filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - WE Fee Bill, #2 Exhibit B - McCarthy Lebit Fee Bill, #3 Exhibit C - Diamond Fee Bill, #4 Exhibit D - Hyatt Fee Bill, #5 Exhibit E - Swanson Fee Bill, #6 Exhibit F - Baker Fee Bill)(Whitmer, Mary)
May 16, 2019 Filing 333 Motion /Application for receiver fees and expenses for the period of January 18, 2019 through May 10, 2019 by Mark E. Dottore filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Exhibit A - Fee Bill Part 1 of 3, #2 Exhibit Exhibit A - Fee Bill Part 2 of 3, #3 Exhibit Exhibit A - Fee Bill Part 3 of 3)(Dottore, Mark)
May 16, 2019 Opinion or Order Order [non-document] granting Motion of Receiver for an Order Authorizing the Sale of Assets of The Illinois Institute of Art, LLC, located at 350 North Orleans Street, Chicago, Illinois, free and clear of all Liens, Encumbrances, Claims, and Other Interests and to Transfer the Interests of Unpaid Lienholders to the Proceeds of the Sale. (Related Doc #307 ). Magistrate Judge Thomas M. Parker on 5/16/2019.(D,JJ)
May 16, 2019 Opinion or Order Order [non-document] granting Motion of Receiver for an Order Authorizing the Sale of Assets of Dream Center Education Holdings located in Chandler, Arizona, free and clear of all Liens, Encumbrances, Claims and Other Interests and to Transfer the Interests of Unpaid Lienholders to the Proceeds of the Sale. (Related Doc #305 ). Magistrate Judge Thomas M. Parker on 5/16/2019. (D,JJ)
May 15, 2019 Filing 332 Receivers First Accounting Report for the Receivership for the Period from January 18, 2019 Through May 3, 2019 filed by Mark E. Dottore. (Ehrman, James)
May 15, 2019 Filing 331 Motion to Approve Second Settlement Agreement, deadline for filing objections included herein filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A -- Second Settlement Agreement)(Berkson, Hugh)
May 15, 2019 Filing 330 Second Supplement Status Report to Joint Report Submitted by the Receiver and Studio Enterprise Manager, LLC, filed by Mark E. Dottore. Related document(s) #328 , #327 . (Attachments: #1 Exhibit A Fully Executed Sublease)(Berkson, Hugh)
May 15, 2019 Filing 329 Notice of Joinder of Hemingway at Richmond's LLC's position statement concerning the final order filed by CSU Fullerton Auxiliary Services Corporation. Related document(s) #304 .(Hicks, Todd)
May 14, 2019 Filing 328 Supplement to Status Report, - Supplement to Joint Report Submitted by the Receiver and Studio Enterprise Manager, LLC, filed by Studio Enterprise Manager, LLC. Related document(s) #327 . (Attachments: #1 Exhibit A - Settlement Agreement)(Gibbons, M.)
May 14, 2019 Filing 327 Joint Report Submitted by the Receiver and Studio Enterprise Manager, LLC filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Amended Sublease)Related document(s) #285 , #317 .(Gibbons, M.)
May 10, 2019 Filing 326 Position Statement Concerning the Final Order Terminating Receivership filed by Dream Center South University, LLC. Related document(s) #285 . (Bohme, Ingrid)
May 10, 2019 Filing 325 Position Statement Pursuant to court's order regarding termination of Receivership filed by Digital Media Solutions, LLC. (Bentz, Audrey)
May 10, 2019 Filing 324 Certification of Bryan Newman Regarding Reorganization Documents filed by Studio Enterprise Manager, LLC. Related document(s) #285 . (Gibbons, M.)
May 10, 2019 Filing 323 Position Statement of Settlement Administrator Concerning the Final Receivership Order filed by Thomas J Perrelli. (Attachments: #1 Exhibit Stipulations, #2 Exhibit Letter from State Attorneys General, #3 Exhibit Selection from the Third Report of the Administrator) (Keating, Grant)
May 10, 2019 Filing 322 United States' Statement of Interest Concerning Receivership Termination Order filed by United States. Related document(s) #285 . (Attachments: #1 Exhibit 1 - Letter from M. Frola to M. Dottore) (Pham, Danielle)
May 10, 2019 Filing 321 Notice of Joinder of Hemingway at Richmond, LLC's Position Statement Concerning Final Order Terminating Receivership filed by Fluorine,LLC. Related document(s) #285 , #304 .(Synenberg, Roger)
May 10, 2019 Filing 320 Position Statement of The Buncher Company Pursuant to the Court's Order Regarding Termination of Receivership as of May 31, 2019 filed by Buncher Company. Related document(s) #285 . (Roach, Jared)
May 10, 2019 Filing 319 Position Statement Concerning the Final Receivership Order filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Gurbst, Richard)
May 10, 2019 Filing 318 Statement of Position for Items to be Included in the Final Order Terminating the Receivership of Dream Center Entities filed by Marina A. Awed, Kendrick Harrison, Jayne Kenney. (Attachments: #1 Exhibit A - Email Dated 5/9/19)(Gurbst, Richard)
May 10, 2019 Filing 317 Joint Report of the Receiver and Studio Enterprise Manager, LLC Regarding Needs and Activities Itemized in the Report of the Receiver Regarding Plan to Provide Ongoing Services to Universities filed by Studio Enterprise Manager, LLC. Related document(s) #285 .(Gibbons, M.)
May 10, 2019 Filing 316 Position Statement Regarding the Order Terminating the Receivershipfiled by Mark E. Dottore. (Attachments: #1 Exhibit Proposed Order Terminating Receivership, #2 Exhibit NAFER Proposed Order, #3 Exhibit DOE Letter)Related document(s) #285 .(Whitmer, Mary)
May 10, 2019 Filing 315 Position Statement for Payment of Adobe License Fee as Priority Administrative Expense and for Leave to Terminate the Adobe Software License filed by Journeyed.com, Inc.. Related document(s) #270 . (Attachments: #1 Exhibit A - Declaration of Alex Gay, #2 Proposed Order Authorizing Payment) (Sayre, John)
May 10, 2019 Filing 314 Position Statement Regarding Order to Terminate Receivership [Related Doc. No. 285]], filed by HGF L.P.. Related document(s) #285 . (Toole, Jeffrey)
May 10, 2019 Filing 313 Position Statement Concerning Final Order Terminating Receivership filed by 3601 Sunflower LLC. (Stavole, William)
May 10, 2019 Filing 312 Notice of Joinder in Position Statement of Intervenor Historic Berriman-Morgan, LLC Regarding Receivership Termination [Doc. #311 filed by Douglas Emmett 2010, llc. Related document(s) #311 .(Turner, Peter)
May 10, 2019 Filing 311 Position Statement of Intervenor Historic Berriman-Morgan, LLC Regarding Receivership Termination filed by Historic Berriman-Morgan, LLC. Related document(s) #285 .(Bennett, Daniel)
May 10, 2019 Filing 310 Position Statement of Fluorine, LLC and Claim for Rent and Other Costs and Security Deposit Associated with Lease filed by Fluorine,LLC. Related document(s) #285 . (Attachments: #1 Affidavit Declaration of Frank Gittleson, #2 Exhibit Declaration Exhibit A-1 Lease, #3 Exhibit Declaration Exhibit A-2 1st Leas Amendment, #4 Exhibit Declaration Exhibit A-3 2nd Lease Amendment, #5 Exhibit Fluorine Declaration Exhibit B Lease Assignment, #6 Exhibit Declaration Exhibit C Accounts Receivable, #7 Exhibit Position Statement Exhibit 1 Judgment, #8 Exhibit Position Statement Exhibit 2 Redacted Fee Bill) (Synenberg, Roger)
May 10, 2019 Filing 309 Position Statement of Intervenor the Prudential Insurance Company of America in Response to the Court's Order Dated April 26, 2019 (ECF No. #285 ) filed by Prudential Insurance Company of America. Related document(s) #285 . (Sullivan, Brian)
May 10, 2019 Opinion or Order Order [non-document] granting Save the Art Institute of Las Vegas Limited's Motion to intervene as a party to file Position Statement and to file Joinder to the Receiver's Motion for the Court to Approve Sale. (Related Doc #306 ). Magistrate Judge Thomas M. Parker on 5/10/2019. (D,JJ)
May 9, 2019 Filing 308 certification of Receiver pursuant to the Amended Agreed Order Surrendering Leased Premises To Its Landlord, Fluorine, LLC, Relieving Injunction and Stay as Against Fluorine, LLC as to Those Leased Premises and the Lease Agreement, and Granting Related Relief filed by Mark E. Dottore. Related document(s) #186 . (Stefancin, Robert)
May 9, 2019 Filing 307 Motion For an Order Authorizing the Sale of Assets of The Illinois Institute of Art, LLC Located at 350 North Orleans Street, Chicago, Illinois, Free and Clear of All Liens, Encumbrances, Claims, and Other Interests and to Transfer the Interests of Unpaid Lienholders to the Proceeds of the Sale filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Settlement Agreement)(Stefancin, Robert)
May 9, 2019 Filing 306 Motion to intervene as a party to File Position Statement and to File Joinder to the Receiver's Motion for the Court to Approve Sale to Save the Art Institute of Las Vegas Limited filed by Intervenor Save the Art Institute of Las Vegas Limited. (Attachments: #1 Brief in Support, #2 Exhibit A - Order Granting Motion to Intervene to File Position Statement)(Long, Anthony)
May 9, 2019 Filing 305 Motion For an Order Authorizing the Sale of Assets of Dream Center Education Holdings Located in Chandler, Arizona Free and Clear of all Liens, Encumbrances, Claims and Other Interests and to Transfer the Interests of Unpaid Lienholders to the Proceeds of the Sale filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Mutual Termination of Lease Agreement)(Stefancin, Robert)
May 9, 2019 Filing 304 Brief Hemingway at Richmond, LLC's Position Statement Concerning the Final Order Terminating Receivership filed by Hemingway at Richmond, LLC. (Eppler, Douglas)
May 9, 2019 Filing 303 Reply in support of #277 Motion for reconsideration of Order Allowing Student Intervenors' to Conduct Discovery [Doc. 246] filed by Mark E. Dottore. (Berkson, Hugh)
May 8, 2019 Filing 302 Notice of the Payment of Wages to Student Employees and Administrative Employees filed by Mark E. Dottore. Related document(s) #214 .(Whitmer, Mary)
May 8, 2019 Opinion or Order Filing 301 Order: Hemingway's motion for an order requiring Studio to supplement its filing of reorganization documents is DENIED. (Related Docs. #289 , #294 ). Magistrate Judge Thomas M. Parker on 5/8/2019.(D,JJ)
May 6, 2019 Opinion or Order Filing 300 Order Regarding Student Diplomas: The Court has been notified that the receiver is unable to provide diplomas to graduating students because the vendor who prints the diplomas is owed money, some from before the receiver was appointed and some from after. The Court hereby authorizes the receiver to pay the vendor for any work provided since the receiver was appointed on January 18, 2019 and to pay in advance for any additional work necessary to print diplomas for students graduating this spring. The receiver shall promptly report to the court in the event his taking of these steps does not result in an ability to immediately provide diplomas to those who have graduated from Argosy and other schools in receivership. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 5/6/2019. (D,JJ)
May 6, 2019 Filing 299 Response to Studio's Notice Regarding the Reorganization Documents and the Sublease filed by Mark E. Dottore. Related document(s) #298 . (Attachments: #1 Exhibit A -- Rent Payments to the Data Center's Landlord, #2 Exhibit B -- Unpaid Invoices)(Glickman, Robert)
May 3, 2019 Filing 298 Notice Regarding the Reorganization Documents and the Sublease filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
May 2, 2019 Filing 297 Response to #277 Motion for reconsideration of Order Allowing Student Intervenors' to Conduct Discovery [Doc. 246] filed by Marina A. Awed, Kendrick Harrison, Jayne Kenney. (Gurbst, Richard)
May 2, 2019 Opinion or Order Filing 296 Order For the reasons stated in the Order, the Court overrules Sunflower's Objections, Doc #: #286 , affirms Magistrate Judge Parker's thorough, well-written R&R, Doc #: #260 , and denies the pending motions, Doc #: #139 (Hemingway), #189 (Sunflower). Signed by Judge Dan Aaron Polster on 5/2/2019. (K,K)
May 2, 2019 Filing 295 Motion for preliminary injunction and Permanent Injunction Pursuant to the All-Writs Act filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Declaration of Mark E. Dottore, Receiver, #2 Exhibit Unpublished Decisions)(Whitmer, Mary)
May 1, 2019 Filing 294 Response to #289 Hemingway at Richmond, LLC's Motion for Order Requiring Studio Enterprise Manager, LLC to Supplement Its Filing of Reorganization Documents filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
May 1, 2019 Filing 293 Motion for joinder Flourine, LLC's Motion to Join 3601 Sunflower, LLC's Brief in Opposition to Receiver's Motion for Order Authorizing Purchase of Tail Extension Under D&O Policies and Granting Priority Claim to Third-Party Lender filed by Plaintiff/Intervenor Fluorine,LLC. Related document(s) #263 , #292 . (Moran, Clare)
May 1, 2019 Opinion or Order Order [non-document]: On or before noon on Friday, May 3, 2019, Studio must file a notice specifying the provisions in the Reorganization Agreements authorizing the execution of the sublease requested in ECF Doc. #289 . The receiver must cooperate with Studio as required in the reorganization agreements, the settlement agreement and the court's order (ECF Doc. #285 ) and the receiver must respond to Studio's filing by noon on Monday, May 6, 2019. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 5/1/2019. (D,JJ)
May 1, 2019 Filing 292 Brief in Opposition to Receiver's Motion for an Order Authorizing Purchase of "Tail" Extension Under Directors and Officers Insurance Policies and Granting Priority Claim to Third-Party Lender Advancing Funds to Pay Insurance Premiums for the Tail Extension (Related Document #263 ) filed by 3601 Sunflower LLC. (Stavole, William)
May 1, 2019 Filing 291 Opposition to #263 Motion For an Order Authorizing Purchase of "Tail" Extension Under Directors and Officers Insurance Policies and Granting Priority Claim to Third-Party Lender Advancing Funds to Pay Insurance Premiums for the Tail Extensions Studio Enterprise Manager, LLC's Objection to Receiver's Motion for an Order Authorizing the Purchase of Tail Extension Under Directors and Officers Insurance Policies and Granting Priority Claim to Pay Insurance Premiums for the Tail Extension filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
April 30, 2019 Filing 290 Supplement to Motion for an Order Requiring The Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement - Supplement to Studio Enterprise Manager, LLC's Motion for an Order Requiring the Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement, filed by Studio Enterprise Manager, LLC. Related document(s) #230 . (Attachments: #1 Exhibit A - Amended Sublease and Main Lease)(Gibbons, M.)
April 30, 2019 Filing 289 Motion Hemingway at Richmond, LLC's Motion for Order Requiring Studio Enterprise Manager, LLC to Supplement Its Filing of Reorganization Documents filed by Plaintiff/Intervenor Hemingway at Richmond, LLC. Related document(s) #280 , #283 . (Eppler, Douglas)
April 30, 2019 Opinion or Order Filing 288 Agreed Order between Receiver and Hartford Fire Insurance Company concerning Workers' Compensation insurance polices. Related document #281 . Approved by Magistrate Judge Thomas M. Parker on 4/30/2019. (D,JJ)
April 29, 2019 Filing 287 Response to #230 Motion for an Order Requiring The Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement Amendment to Response to Studio's Motion for an Order Requiring the Receiver to Execute Sublease and Comply with Terms filed by Dream Center South University, LLC. (Bohme, Ingrid)
April 29, 2019 Filing 286 Objection to Report and Recommendation filed by 3601 Sunflower LLC. Related document(s) #260 . (Cruz, Frederick) Filer called help desk, wrong account used to file, s/signature for other attorney on document on 4/29/2019 (P,WL).
April 26, 2019 Opinion or Order Filing 285 Order: The court has concluded the receivership must be terminated and hereby notifies the parties, intervenors and public that the termination date shall be May 31, 2019. The court makes the following orders in light of the imminent termination of this receivership: (1) The receiver on behalf of DCEH, Studio, South University and AI shall proceed under the terms of the Reorganization Agreements and the parties' Settlement Agreement approved by the court on March 19, 2019 (ECF Doc. #190 ); (2) Studio must certify not later than May 10, 2019 its compliance with the requirements of the Reorganization Agreements, including its obligations to pay DCEH under the requirements of said agreements. Said certification shall be filed under oath; (3) Studio and the receiver shall file not later than May 10, 2019 a joint report concerning how the needs or activities itemized in the receiver's Report regarding plan to provide ongoing services to universities (ECF Doc. #268 ) will be met or conducted between now and May 31 and how they might be addressed in the period after May 31; (4) The receiver shall file an accounting of all funds received and expended during the receivership not later than May 15, 2019; (5) The receiver's application to retain Baker & Hostetler, LLP as special counsel (ECF Doc. #265 ) is DENIED; (6) The receiver has moved for an order authorizing the purchase of a "tail" extension of its D&O insurance policies (ECF Doc. #263 ). The court hereby establishes a deadline of May 1, 2019 for any party to file a brief in regard to said motion; (7) The receiver shall continue in his efforts to secure a buyer for Western State College of Law and otherwise continue to act in accordance with the requirements of the amended order appointing the receiver and other orders of the court; (8) The court invites the parties, intervenors and the US DOE to file, not later than May 10, 2019 position statements concerning specific items they believe should be included in the final order terminating the receivership. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/26/2019. (D,JJ)
April 26, 2019 Filing 284 Amended Report of Special Master to Allocate, Split, Apportion and Divide Shared IT Services Between Dream Center South University and Arts Institutes Campuses filed by Mark E. Dottore. Related document(s) #256 . (Attachments: #1 Exhibit A - List of DCEH open payables, #2 Exhibit B - Calculation of payroll costs)(Whitmer, Mary)
April 25, 2019 Filing 283 Notice of Filing of Reorganization Documents filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Amended and Restated Framework Agreement, #2 Exhibit B - Equity and Asset Purchase Agreement, #3 Exhibit C - Interim Framework Agreement, #4 Exhibit D - Amendment to Interim Framework Agreement, #5 Exhibit E - License Agreement (Arts Institutes and Studio), #6 Exhibit F - License Agreement (Argosy University and Studio), #7 Exhibit G - License Agreement (South University and Studio), #8 Exhibit H - Managed Services Agreement (Arts Institutes and Studio), #9 Exhibit I - Managed Services Agreement (Argosy University and Studio), #10 Exhibit J - Managed Services Agreement (South University and Studio), #11 Exhibit K - Transition Services and License Agreement, #12 Exhibit L - Framework Agreement, #13 Exhibit M - Master Bundled Services Agreement, #14 Exhibit N - Technology License and Service Agreement, #15 Exhibit O - Master Asset Purchase Agreement, #16 Exhibit P - License Agreement)Related document(s) #280 .(Gibbons, M.)
April 25, 2019 Filing 282 Reply to Studio's Response to Report of the Receiver Regarding Plan to Provide Ongoing Services to Universities filed by Mark E. Dottore. Related document(s) #274 . (Attachments: #1 Exhibit A -- Declaration of Jesse Smith, #2 Exhibit B -- Declaration of Stacie Carter, #3 Exhibit C -- Declaration of Carl Huhn, #4 Exhibit D -- Declaration of Deana Henderson, #5 Exhibit E -- Declaration of Drew Smith, #6 Exhibit 1 to Declaration of Drew Smith (IT services provided to South University), #7 Exhibit 2 to Declaration of Drew Smith (IT services provided to the Arts Institute)) (Oleski, Nicholas)
April 25, 2019 Filing 281 Proposed Agreed Order Concerning the Continuation of Certain Workers Compensation Insurance Policies Issued by the Hartford to the Receivership Entities, and Other Related Relief filed by Hartford Fire Insurance Company. (Sullivan, Brian)
April 24, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Aaron G. McCollough for Atena Life Insurance Company. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #253 ). Approved by Judge Dan Aaron Polster on 4/24/2019.(K,K)
April 24, 2019 Opinion or Order Filing 280 Order: On or before April 25, 2019, Studio Enterprise Manager, LLC, must file a full set of Reorganization Agreements, including all schedules, exhibits and attachments in the captioned case. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/24/2019. (D,JJ)
April 24, 2019 Opinion or Order Filing 279 Order denying Receiver Mark E. Dottore's Emergency Motion for an order requiring Studio Enterprise Manager and John J. Altorelli to show cause why they should not be held in contempt of this court for their alleged violation of the injunctions contained in the amended order appointing receiver. (Related Doc #252 ). IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/24/2019. (D,JJ)
April 23, 2019 Filing 278 Proposed Stipulation Concerning Termination of Master Services Agreement and Related Obligations Between the Recievership Entities and Aetna Life Insurance Company and Other Related Relief filed by Atena Life Insurance Company. Related document(s) #248 .(Moore, Branden)
April 23, 2019 Filing 277 Motion for reconsideration of Order Allowing Student Intervenors' to Conduct Discovery [Doc. 246] filed by Receiver Mark E. Dottore. Related document(s) #236 , #246 . (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Student Intervenors Interrogatories & Requests for Production of Documents)(Oleski, Nicholas)
April 23, 2019 Opinion or Order Filing 276 Order granting CSU Fullerton Auxiliary Services Corporation's Motion to intervene as a party. The court DENIES that portion of the CSU Fullerton's motion seeking an order for the payment of rent; the receiver is already under a court order to pay rent for premises occupied by the entities in receivership. However, the court hereby ORDERS the receiver and counsel for CSU Fullerton to confer and, if possible, within ten days document that an arrangement for the satisfaction of the rental obligations for the Western States Law School has been made. Related Doc #272 . IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/23/2019. (D,JJ)
April 23, 2019 Opinion or Order Order [non-document] granting Journeyed.com, Inc.'s Motion to intervene as a party. (Related Doc #270 ). Approved by Magistrate Judge Thomas M. Parker on 4/23/2019.(D,JJ)
April 23, 2019 Opinion or Order Order [non-document] granting CAZ 1 DE LLC's Unopposed Motion to intervene as a party. (Related Doc #266 ). Approved by Magistrate Judge Thomas M. Parker on 4/23/2019.(D,JJ)
April 22, 2019 Filing 275 Status Report of Dream Center South University, LLC Notifying the Court of Status of ECF No. 239 and ECF No. 240 filed by Dream Center South University, LLC. Related document(s) #240 , #239 , #271 .(Bohme, Ingrid)
April 22, 2019 Filing 274 Response to Report of the Receiver Regarding Plan to Provide Ongoing Services to Universities filed by Studio Enterprise Manager, LLC. Related document(s) #268 .(Gibbons, M.) M
April 22, 2019 Filing 273 Reply in support of #252 Emergency Motion of the Receiver For an Order Requiring Studio Enterprise Manager, LLC and John J. Altorelli Show Cause Why They Should Not Be Held in Contempt of this Court For Their Violations of the Injunctions Contained in the Amended Order Appointing Receiver (Doc. 150) filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Email Chain, #2 Exhibit B - IP Address Breakdown)(Ehrman, James)
April 22, 2019 Filing 272 Motion to intervene as a party and Motion for other relief requiring the Receiver to pay all rent and other charges owed under the lease filed by Intervenor CSU Fullerton Auxiliary Services Corporation. (Attachments: #1 Proposed Order, #2 Declaration)(Hicks, Todd). Added Motion for relief on 4/22/2019 (L,Ja).
April 22, 2019 Opinion or Order Filing 271 Order: On or before 3:00 p.m. TODAY, April 22, 2019, South must notify the Court whether its motion for clarification #239 and its response to the motion for an order requiring the receiver to execute sublease #240 are now moot. If these filings have been rendered moot in part, South must submit amended filings within 7 days of this order. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/22/2019. (P,WL)
April 22, 2019 Opinion or Order Order [non-document]: On April 18, 2019. the receiver filed a Report Regarding Plan to Provide Ongoing Services to Universities. (Related document #268 ). In this report, the receiver states, "that Studio has not paid anything - not one penny - towards any services rendered by [DCEH] to either New South or New AI after it paid pursuant to the settlement reached on February 27, 2019." On or before 3:00 p.m. on April 22, 2019, Studio must file a response to this allegation and advise the court whether it is in compliance with the requirements of the reorganization contracts, Studio's IT platform separation plan, and the requirements of the settlement agreement between it and the receiver from the related action. If it is not in compliance, Studio must provide a detailed explanation therefor. Magistrate Judge Thomas M. Parker on 4/22/2019. (P,WL)
April 19, 2019 Filing 270 Motion to intervene as a party filed by Intervenor Journeyed.com, Inc.. (Attachments: #1 Pleading Memorandum in Support of Motion for Leave to Intervene, #2 Affidavit of Gregory Lamkin, #3 Proposed Order)(Sayre, John)
April 18, 2019 Filing 269 Opposition to #230 Motion for an Order Requiring The Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement filed by Mark E. Dottore. (Attachments: #1 Exhibit A -- Unpaid Invoices, #2 Exhibit B -- April 17, 2019 Email from Denis Yevstifeyev)(Oleski, Nicholas)
April 18, 2019 Filing 268 Report of Special Master Regarding Plan to Provide Ongoing Services to Universities filed by Mark E. Dottore. (Whitmer, Mary)
April 18, 2019 Filing 267 Status Report Containing the Position Statement of Dream Center South University, LLC Regarding the Receiver's IT Plan and Studio's IT Plan filed by Dream Center South University, LLC. Related document(s) #257 , #264 .(Bohme, Ingrid)
April 17, 2019 Filing 266 Unopposed Motion to intervene as a party filed by Interested Party CAZ 1 DE LLC. (Attachments: #1 Exhibit A to Motion to Intervene, #2 Proposed Order Authorizing Motion to Intervene)(Formanek, Dean)
April 17, 2019 Filing 265 Application of Receiver to Retain Baker & Hostetler LLP as Special Counsel for the Receiver to Perform Limited Services Related to Employee Benefit Matters Effective as of April 15, 2019, with notice of deadline for the filing of objections filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Verified Statement of B. Bash, #2 Exhibit Order)(Whitmer, Mary)
April 16, 2019 Opinion or Order Filing 264 Order: The court hereby ORDERS South University, not later than 4:00 p.m. on April 18, 2019, to file a statement concerning its position regarding Studio's ECF Doc. #257 filing. Magistrate Judge Thomas M. Parker on 4/16/2019. (D,JJ)
April 16, 2019 Filing 263 Motion For an Order Authorizing Purchase of "Tail" Extension Under Directors and Officers Insurance Policies and Granting Priority Claim to Third-Party Lender Advancing Funds to Pay Insurance Premiums for the Tail Extensions, with memorandum in support filed by Receiver Mark E. Dottore. (Whitmer, Mary)
April 15, 2019 Filing 262 Reply in support of #230 Motion for an Order Requiring The Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement Reply in Support of Studio Enterprise Manager, LLC's Motion for an Order Requiring the Receiver to (i) Execute Sublease for the Pittsburgh Data Center; and (ii) Comply With the Terms of the Reorganization Documents and the Settlement Agreement filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
April 15, 2019 Filing 261 Opposition to #252 Emergency Motion of the Receiver For an Order Requiring Studio Enterprise Manager, LLC and John J. Altorelli Show Cause Why They Should Not Be Held in Contempt of this Court For Their Violations of the Injunctions Contained in the Amended Order Studio Enterprise Manager, LLC's Response in Opposition to the Emergency Motion of the Receiver for an Order Requiring Studio Enterprise Manager, LLC and John J. Altorelli To Show Cause Why They Should Not Be Held In Contempt of This Court For Their Violations of the Injunctions Contained in the Amended Order Appointing Receiver filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
April 15, 2019 Filing 260 Report and Recommendation that the Court DENY the Landlords' motions to charge rent as a cost to Digital Media. Related Document(s) #139 , #189 . Objections to Report & Recommendation due by 4/29/2019. Magistrate Judge Thomas M. Parker on 4/15/2019. (D,JJ)
April 15, 2019 Opinion or Order Order [non-document] granting Plaintiff/Intervenor Studio Enterprise Manager, LLC's #259 Motion for leave Instanter to Exceed the Local Rule page limitation and file a 21-page Response. Related document(s ) #252 . Magistrate Judge Thomas M. Parker on 4/15/2019. (D,JJ)
April 12, 2019 Filing 259 Motion for leave Motion for Leave Instanter to Exceed Page Limitation for Studio Enterprise Manager, LLC's Response in Opposition to the Emergency Motion of the Receiver for an Order Requiring Studio Enterprise Manager, LLC and John J. Altorelli To Show Cause Why They Should Not Be Held In Contempt of This Court For Their Violations of the Injunctions Contained in the Amended Order Appointing Receiver filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. Related document(s) #252 . (Attachments: #1 Exhibit A - Response in Opposition to Contempt Motion)(Gibbons, M.)
April 11, 2019 Opinion or Order Filing 258 Order: The court DENIES the receiver's emergency motion for a show cause order. (Related Doc #241 ). If the parties cannot resolve this matter by next Thursday, April 18, 2019, they may contact the court and request a telephone conference with Magistrate Judge Thomas M. Parker. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/11/2019. (D,JJ)
April 11, 2019 Filing 257 Third Status Report for the Extrication of the Ongoing Campuses of South University and The Arts Institutes Entities from the Dream Center Holdings, LLC's Shared IT Platform filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Receiver's Plan, #2 Exhibit B - Studio's Plan, #3 Exhibit C - Comparison of Studio and Receiver Plans)Related document(s) #229 , #247 , #206 , #237 .(Opincar, Scott)
April 11, 2019 Filing 256 Report of Special Master to Allocate, Split, Apportion and Divide Shared IT Services Between Dream Center South University and Arts Institutes Campuses filed by Mark E. Dottore. Related document(s) #213 . (Attachments: #1 Exhibit Financials/Employees/Vendors/Licenses)(Whitmer, Mary)
April 11, 2019 Filing 255 Response as the Statement of the Settlement Administrator filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #199 . (Attachments: #1 Ex. 1 - Letter Dated March 22, 2019 to Department of Education) (Gurbst, Richard)
April 11, 2019 Opinion or Order Filing 254 Order: On April 10, 2019, Aetna Life Insurance Company filed #248 Motion to Compel Receiver to Satisfy Health Insurance Obligations or, in the alternative, for an Order Authorizing Aetna to Terminate All Administrative Obligations. Within ten days of this order, the receiver must file a response to the portion of Aetna's motion to compel requesting the termination of its obligations. The receiver may respond to any argument raised in Aetna's motion, but the Court is solely interested in the termination of obligations issue at this time. The receiver must also notify the Court if sums continue to be deducted from DCEH employees' paychecks to fund the Aetna insurance. Magistrate Judge Thomas M. Parker on 4/11/2019. Modified docket text and Attachment added on 4/12/2019: #1 Corrected Main Document) (D,JJ).
April 11, 2019 Filing 253 Motion for attorney Aaron G. McCollough to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9249979, filed by Plaintiff/Intervenor Atena Life Insurance Company. (Attachments: #1 Proposed Order, #2 Affidavit Exhibit A - Aaron G. McCollough)(Moore, Branden)
April 11, 2019 Filing 252 Emergency Motion of the Receiver For an Order Requiring Studio Enterprise Manager, LLC and John J. Altorelli Show Cause Why They Should Not Be Held in Contempt of this Court For Their Violations of the Injunctions Contained in the Amended Order Appointing Receiver (Doc 150) filed by Receiver Mark E. Dottore. Related document(s) #150 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declaration of Connie Adelman, #3 Exhibit 2 - Declaration of Drew Smith)(Ehrman, James)
April 11, 2019 Filing 251 Response to #241 Emergency Motion to show cause Why Intervenor HGF L.P. Should Not Be Held in Contempt of Court for Violating the Parties' Consent Order Surrendering Leased Premises to HGF L.P. and for Violating this Court's March 13, 2019 Minutes of [HGF L.P.'s Response in Opposition to Receiver's Motion for an Order to Show Cause (Related Doc. Nos. #160 , #241 ), filed by HGF L.P.. (Attachments: #1 Exhibit A - Declaration of Jeffrey R. Diltz, #2 Exhibit B - Declaration of Edward G. Fates, #3 Exhibit C - Declaration of Jeffrey C. Toole)(Dunn, Jr., Theodore)
April 10, 2019 Filing 250 Declaration Payam Khodadadi in support of Motion To Compel Receiver to Satisfy Health Insurance Obligations or, in the Alternative, for Order Authorizing Aetna to Terminate All Adminstrative Obligations and Related Relief filed by Atena Life Insurance Company. filed by Atena Life Insurance Company. Related document(s) #248 . (Attachments: #1 Exhibit 1 - Email chain)(Moore, Branden)
April 10, 2019 Filing 249 Declaration Kristen Miller in support of Motion To Compel Receiver to Satisfy Health Insurance Obligations or, in the Alternative, for Order Authorizing Aetna to Terminate All Adminstrative Obligations and Related Relief filed by Atena Life Insurance Company. Related document(s) #248 . (Attachments: #1 Exhibit 1 - Master Services Agreement)(Moore, Branden)
April 10, 2019 Filing 248 Motion To Compel Receiver to Satisfy Health Insurance Obligations or, in the Alternative, for Order Authorizing Aetna to Terminate All Adminstrative Obligations and Related Relief filed by Plaintiff/Intervenor Atena Life Insurance Company. (Attachments: #1 Proposed Order Exhibit A, #2 Brief in Support)(Moore, Branden)
April 10, 2019 Filing 247 Second Status Report for the Extrication of the Ongoing Campuses of South University and The Arts Institutes Entities from the Dream Center Holdings, LLC's Shared IT Platform filed by Studio Enterprise Manager, LLC. Related document(s) #229 , #162 , #206 , #190 .(Gibbons, M.)
April 10, 2019 Opinion or Order Filing 246 Order denying Student Intervenors' motion for expedited discovery (Related Doc #236 ). The Student Intervenors may conduct standard discovery in accordance with the Federal Rules of Civil Procedure. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/10/2019. (D,JJ)
April 10, 2019 Opinion or Order Filing 245 Agreed Order concerning the cancellation of certain commercial auto and excess liability insurance policies issued by the Hartford to the Receivership entities, and other related relief. Related Doc. #242 . Approved by Magistrate Judge Thomas M. Parker on 4/10/2019. (D,JJ)
April 10, 2019 Opinion or Order Filing 244 Order granting Jayne Kenney and Kendrick Harrison's Motion to intervene as a party. (Related Doc #234 ). Magistrate Judge Thomas M. Parker on 4/10/2019.(D,JJ)
April 10, 2019 Opinion or Order Order [non-document]: Any responses to the Receiver's motion to show cause (ECF Doc. #241 ) must be filed no later than Thursday, April 11, 2019 by noon. Magistrate Judge Thomas M. Parker on 4/10/2019. (D,JJ)
April 9, 2019 Filing 243 Second Joint Interim Report of Hartford Fire Insurance Company and the Receiver Concerning Workers' Compensation Policies filed by Hartford Fire Insurance Company. (Sullivan, Brian)
April 9, 2019 Filing 242 Proposed Agreed Order Concerning the Cancellation of Certain Commercial Auto and Excess Liability Insurance Policies Issued by the Hartford to the Receivership Entities, and Other Related Relief filed by Hartford Fire Insurance Company. Related document(s) #221 . (Sullivan, Brian). Modified text on 4/10/2019 (D,JJ).
April 9, 2019 Filing 241 Emergency Motion to show cause Why Intervenor HGF L.P. Should Not Be Held in Contempt of Court for Violating the Parties' Consent Order Surrendering Leased Premises to HGF L.P. and for Violating this Court's March 13, 2019 Minutes of Proceedings and Order filed by Receiver Mark E. Dottore. Related document(s) #162 , #160 . (Attachments: #1 Memorandum in Support of Emergency Motion, #2 Declaration of Vicki McKenzie, #3 Exhibit A -- Ted Fates April 4, 2019 Letter)(Oleski, Nicholas)
April 8, 2019 Filing 240 Response to #230 Motion for an Order Requiring The Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement filed by Dream Center South University, LLC. (Attachments: #1 Exhibit 1 - Yoho 4-7-2019 Letter, #2 Exhibit 2 - D. Jones Letter, #3 Exhibit 3 - MSA Excerpts, #4 Exhibit 4 - Jan-Feb True Up, #5 Exhibit 5 - Newman 4-2-2019 Letter, #6 Exhibit 6 - E. Russell Email, #7 Exhibit 7 - TSA Excerpts, #8 Exhibit 8 - Yoho 3-18-2019 Letter, #9 Exhibit 9 - Newman 3-21-2019 Letter)(Bohme, Ingrid)
April 8, 2019 Filing 239 Motion to clarify Payment Terms filed by Plaintiff/Intervenor Dream Center South University, LLC. Related document(s) #190 . (Attachments: #1 Brief in Support of Motion for Clarification, #2 Exhibit 1 - E. Russell Email, #3 Exhibit 2 - MSA Excerpts, #4 Exhibit 3 - Yoho 3-21-2019 Letter, #5 Exhibit 4 - February True Up, #6 Proposed Order on Motion for Clarification)(Bohme, Ingrid)
April 8, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by Ian M. Welsh for Minnesota Office of Higher Education. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #233 ). Approved by Judge Dan Aaron Polster on 4/8/2019.(K,K)
April 8, 2019 Filing 238 Attorney Appearance by Dean J. Formanek filed by on behalf of CAZ 1 DE LLC. (Formanek, Dean)
April 5, 2019 Filing 237 Supplement to Status Report, - Supplement to Studio Enterprise Manager, LLC's Status Report for the Extrication of the Ongoing Campuses of South University and The Arts Institutes Entities from the Dream Center Holdings, LLC's Shared IT Platform, filed by Studio Enterprise Manager, LLC. Related document(s) #229 . (Attachments: #1 Exhibit A - Response to Default Letter)(Opincar, Scott)
April 5, 2019 Filing 236 Motion for Expedited Discovery of Student Loan Stipend Diversion Scheme filed by Plaintiff/Intervenor Marina A. Awed, Kendrick Harrison, Jayne Kenney. (Attachments: #1 Memorandum in Support of Motion for Expedited Discovery, #2 Exhibit A - Harrison Declaration, #3 Exhibit B - Awed Declaration, #4 Exhibit C - Kenney Declaration, #5 Exhibit D - Articles from Chronicle of Higher Education, #6 Exhibit E - March 8, 2019 Transcript Excerpts, #7 Exhibit F - March 11, 2019 Transcript Excerpts, #8 Exhibit G - March 20, 2019 Letter from E. Rothschild regarding Discovery, #9 Exhibit H. March 27, 2019 Letter from H. Berkson regarding Discovery, #10 Exhibit I - Proposed Discovery Requests, #11 Proposed Order)(Gurbst, Richard)
April 5, 2019 Filing 235 Notice of Appearance and Request for Notices on Behalf of Intervenor Marina Awed filed by Marina A. Awed. (Gurbst, Richard)
April 5, 2019 Filing 234 Motion to intervene as a party :Former Argosy Students Jayne Kenney and Kendrick Harrison's Motion to Intervene to Pursue Expedited Discovery of Student Loan Stipend Diversion Scheme filed by Jayne Kenney, Kendrick Harrison. (Attachments: #1 Exhibit A - Kenney Declaration, #2 Exhibit B - Harrison Declaration, #3 Exhibit C - March 8, 2019 Transcript Excerpts, #4 Exhibit D - March 27, 2019 Letter to E. Rothschild, #5 Proposed Order)(Gurbst, Richard)
April 5, 2019 Filing 233 Motion for attorney Ian M. Welsh to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660113183, filed by Interested Party Minnesota Office of Higher Education. (Attachments: #1 Declaration of Ian M. Welsh in Support of Motion for Pro Hac Vice Admission)(W,CM)
April 5, 2019 Opinion or Order Filing 232 Order granting Atena Life Insurance Company's Motion to intervene as a party (Related Doc #228 ). Magistrate Judge Thomas M. Parker on 4/5/2019. (D,JJ)
April 5, 2019 Opinion or Order Filing 231 Order granting Prudential Insurance Company of America's Motion to intervene as a party (Related Doc #223 ). Magistrate Judge Thomas M. Parker on 4/5/2019. (D,JJ)
April 4, 2019 Filing 230 Motion for an Order Requiring The Receiver to (I) Execute Sublease for the Pittsburgh Data Center; and (II) Comply With the Terms of the Reorganization Documents and the Settlement Agreement with memorandum in support filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. Related document(s) #229 , #190 . (Attachments: #1 Exhibit A Sublease Agreement)(Opincar, Scott)
April 4, 2019 Filing 229 Status Report Studio Enterprise Manager, LLC's Status Report For the Extrication of the Ongoing Campuses of South University and The Arts Institutes Entities From The Dream Center Holdings, LLC's Shared IT Platform filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Default Letter)Related document(s) #213 .(Opincar, Scott)
April 4, 2019 Filing 228 Motion to intervene as a party filed by Intervenor Atena Life Insurance Company. (Attachments: #1 Proposed Order Exhibit A, #2 Brief in Support)(Moore, Branden)
April 4, 2019 Filing 227 Response to #215 Motion Request Receiver Provide Court and Employees of Western State College of Law Updated Information Regarding Employee Benefits filed by Plaintiff/Intervenor Cheyanna Jaffke. filed by Mark E. Dottore. (Whitmer, Mary)
April 3, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #224 ). Approved by Judge Dan Aaron Polster on 4/3/2019.(K,K)
April 3, 2019 Filing 226 Transcript of Hearing held on March 8, 2019 before Magistrate Judge Thomas M. Parker. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [86 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/10/2019. Redaction Request due 4/24/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/2/2019. Related document(s) #184 . (P,Sh)
April 2, 2019 Opinion or Order Order [non-document]: The court is in receipt of the joint report of the receiver and Hartford Fire Insurance Company (ECF Doc. #221 ) concerning certain insurance policies Hartford has issued to DCEH entities, including coverage provided to receivership entities. The parties have requested an additional seven days to meet, confer and resolve certain issues relating to workers compensation insurance. The court finds the request well taken and hereby GRANTS the same. The parties shall report on this discrete issue by 4:00 p.m. on April 9, 2019. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 4/2/2019. (D,JJ)
April 2, 2019 Opinion or Order Filing 225 Order granting Plaintiff/Intervenor Cheyanna Jaffke's #215 Motion to Request Receiver Provide Updated Information. The Court hereby orders the receiver to respond to the requests for information within 48 hours of this order. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/2/2019. (D,JJ)
April 2, 2019 Filing 224 Motion for attorney Dean J. Formanek to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660113090, filed by Interested Party CAZ 1 DE LLC. (Attachments: #1 Exhibit A - Declaration of Dean J. Formanek in Support of Motion for Pro Hac Vice Admission)(W,CM)
April 2, 2019 Filing 223 Motion to intervene as a party filed by Plaintiff/Intervenor Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Sullivan, Brian)
April 2, 2019 Opinion or Order Filing 222 Order concerning employee funded benefits and employee concerns. The court hereby ORDERS the receiver to: (1) Respond directly to the concerns raised in the attached letter from the law school's faculty within 48 hours; and (2) Respond to all inquiries from students and employees, both past and present, within 48 hours of receipt. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/2/2019. (Attachments: #1 Exhibit A - Letter from Western State College of Law). (D,JJ)
April 2, 2019 Filing 221 Joint Interim Report of Hartford Fire Insurance Company and the Receiver concerning certain insurance polices filed by Hartford Fire Insurance Company. Related document(s) #191 . (Sullivan, Brian) Modified on 4/2/2019 (W,Jo).
April 2, 2019 Filing 220 Report of the Receiver Re His Efforts to Transition Western State College of Law filed by Mark E. Dottore. Related document(s) #190 . (Ehrman, James)
April 2, 2019 Filing 219 Report of Special Master Receiver's Response to March 20, 2019 Letter from Jamienne Studley, President of WASC Senior College and University Commission filed by Mark E. Dottore. Related document(s) #195 , #194 . (Attachments: #1 Exhibit A - List of Transfer and Teachout Schools, #2 Exhibit B - List of Transfer and Teachout Agreements Under Negotiation, #3 Exhibit C - Articulation Agreement with Chicago School of Professional Psychology, #4 Exhibit D - Teach-Out Agreemebnt with the Chicago School of Professional Psychology, #5 Exhibit E - MOU and Articulation Agreement with National Louis University, #6 Exhibit F - Amendment to MOU of National Louis University, #7 Exhibit G - Memorandum of Agreement with Northcentral University, #8 Exhibit H - Articulation Agtreement with American College of Education)(Whitmer, Mary)
April 1, 2019 Filing 218 Reply in support of #189 Motion to Charge All Accrued and Ongoing Post-Receivership Rent as a Cost to Plaintiff filed by 3601 Sunflower LLC. (Attachments: #1 Exhibit A, Robert Glickman Of Counsel)(Stavole, William)
April 1, 2019 Opinion or Order Filing 217 Order concerning payroll payment plan. Given the limited options available to the receiver and the need to get receivership employees paid, at least in part, for periods worked after the receiver was appointed, the court hereby directs the receiver to: (1) Proceed with the payroll payment plan described in ECF Doc. #214 , Page ID# 4204-4205; and, (2) Determine within seven (7) days whether the U.S. Department of Education will approve a limited draw down upon the letter of credit for the sole purpose of making prompt payment of any remaining, unpaid payroll obligations owed to receivership employees. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/1/2019. (D,JJ)
April 1, 2019 Opinion or Order Filing 216 Amended Agreed Order between Receiver and Fluorine, LLC. Related Doc. #197 . Approved by Magistrate Judge Thomas M. Parker on 4/1/2019. (D,JJ)
April 1, 2019 Opinion or Order Order [non-document] granting #197 Motion to Amend Agreed Order Between Receiver and Fluorine, LLC. Magistrate Judge Thomas M. Parker on 4/1/2019. (D,JJ)
March 29, 2019 Filing 215 Motion to Request Receiver Provide Court and Employees of Western State College of Law Updated Information Regarding Employee Benefits filed by Plaintiff/Intervenor Cheyanna Jaffke. (Attachments: #1 Exhibit 1 - Letter from Mark Dottore, #2 Exhibit 2 - Pay Stub, #3 Exhibit 3 - Pay Stub, #4 Proposed Order Regarding Employee Benefits at Western Reserve State College of Law)(W,CM)
March 29, 2019 Filing 214 Receiver's Amended Report Regarding Pay Status of Employees filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Unpaid Payroll by Account Number, #2 Exhibit B - Unpaid Payroll by Job Description)Related document(s) #183 , #190 .(Ehrman, James)
March 28, 2019 Opinion or Order Filing 213 Order: The court will allow two weeks (or until 4:00 PM EDT on April 11, 2019) for the receiver, Studio and South University to negotiate any changes to the parties' existing agreements that are needed to effect the separation of South University and the Art Institutes from the IT Platform not later than September 11, 2019. The receiver's motion for leave to file a sur-reply brief (ECF Doc. #211 ) is GRANTED. The receiver's motion for extension (ECF Doc. #203 ) is rendered moot and is hereby DENIED. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/28/2019. (D,JJ)
March 28, 2019 Filing 212 Reply in support of #203 Motion for extension of time until April 9, 2019 to Propose Plan to Migrate Data and Operations to South and/or Studio filed by Dream Center South University, LLC. (Attachments: #1 Exhibit 1 Transition Cost Analysis, #2 Exhibit 2 High Level Plan)(Bohme, Ingrid)
March 28, 2019 Filing 211 Motion for leave The Receivers Motion for Leave to File, Instanter, a Sur-reply in Response to Studio Enterprise Manager, LLCs Reply in Support of Its Opposition to the Receivers Motion for Extension of Time filed by Receiver Mark E. Dottore. Related document(s) #209 , #203 . (Attachments: #1 Exhibit Receiver's Sur-reply)(Ehrman, James)
March 27, 2019 Filing 210 Second Response to Order Requesting Views of the Settlement Administrator filed by Thomas J Perrelli. Related document(s) #144 . (Keating, Grant)
March 27, 2019 Filing 209 Reply in support of #204 Opposition to #203 Motion for extension of time until April 9, 2019 to Propose Plan to Migrate Data and Operations to South and/or Studio Studio Enterprise Manager LLC's Reply in Support of Opposition to Receiver's Motion For Extension of Time to Propose Plan to Migrate Data And Operations to South and/or Studio and Response to Brief of Dream Center South University, LLC In Support of Receiver's Motion For Extension of Time to Propose Plan to Migrate Data and Operations to South and/or Studio filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Budget)(Gibbons, M.) .
March 26, 2019 Filing 208 Response to #203 Motion for extension of time until April 9, 2019 to Propose Plan to Migrate Data and Operations to South and/or Studio in Support of that Motion filed by Dream Center South University, LLC. (Hanson, Morgan)
March 26, 2019 Filing 207 Reply in support of #203 Motion for extension of time until April 9, 2019 to Propose Plan to Migrate Data and Operations to South and/or Studio filed by Mark E. Dottore. (Ehrman, James)
March 26, 2019 Filing 206 Status Report Studio Enterprise Manager, LLC's Detailed Plan for the Extrication of Ongoing Campuses of South University and the Arts Institutes from the Dream Center Education Holdings, LLC's Shared IT Platform filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Separation Plan Powerpoint, #2 Exhibit B - Form of Employment Offer, #3 Exhibit C - Sublease)Related document(s) #162 .(Gibbons, M.)
March 26, 2019 Opinion or Order Filing 205 Order: The Court declines to clarify the minutes and order following the March 11, 2019 hearing. Douglas Emmett 2010, LLC's motion for clarification is DENIED (Related Doc. #200 ). Magistrate Judge Thomas M. Parker on 3/26/2019. (D,JJ)
March 26, 2019 Filing 204 Opposition to #203 Motion for extension of time until April 9, 2019 to Propose Plan to Migrate Data and Operations to South and/or Studio Studio Enterprise Manager LLC's Opposition to Receiver's Motion for Extension of Time to Propose Plan to Migrate Data and Operations to South and/or Studio filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
March 25, 2019 Filing 203 Motion for extension of time until April 9, 2019 to Propose Plan to Migrate Data and Operations to South and/or Studio filed by Receiver Mark E. Dottore. Related document(s) #162 . (Whitmer, Mary)
March 25, 2019 Filing 202 Combined Opposition to #139 Motion for costs to Charge all accrued and ongoing post-receivership rent as a cost to Plaintiff, #189 Motion to Charge All Accrued and Ongoing Post-Receivership Rent as a Cost to Plaintiff filed by Digital Media Solutions, LLC. (Bentz, Audrey)
March 25, 2019 Filing 201 Response to #139 Motion for costs to Charge all accrued and ongoing post-receivership rent as a cost to Plaintiff, #189 Motion to Charge All Accrued and Ongoing Post-Receivership Rent as a Cost to Plaintiff filed by Mark E. Dottore. (Oleski, Nicholas)
March 25, 2019 Filing 200 Motion Clarification of Minutes of Proceedings and Order and Motion receiver pay per diem rent since March 11, 2019 filed by Plaintiff/Intervenor Douglas Emmett 2010, llc. Related document(s) #162 . (Turner, Peter). Added Motion receiver pay per diem rent since March 11, 2019 on 3/25/2019 (L,Ja).
March 22, 2019 Filing 199 Response to Order Requesting Views of the Settlement Administrator filed by Thomas J Perrelli. Related document(s) #144 . (Attachments: #1 Exhibit KY Consent Judgment) (Keating, Grant)
March 21, 2019 Filing 198 Notice of Appearance as Co-Counsel for Intervenor-Plaintiff Hartford Fire Insurance Company filed by Hartford Fire Insurance Company. (Ledwin, Mark)
March 21, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Mark G. Ledwin for Hartford Fire Insurance Company. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #192 ). Approved by Judge Dan Aaron Polster on 3/21/2019.(K,K)
March 21, 2019 Filing 197 Motion to Amend Agreed Order Between Receiver and Fluorine, LLC filed by Plaintiff/Intervenor Fluorine,LLC. Related document(s) #187 . (Attachments: #1 Proposed Order Amended Agreed Order)(Moran, Clare)
March 21, 2019 Opinion or Order Filing 196 Order regarding status of obligations to Hartford Fire Insurance Company. In light of the Court's directives regarding the current financial obligations of the receivership as stated at both the March 11th and March 18th hearings, the receiver is expected to pay the current financial obligations of its receivership entities, including DCEH. The receiver will have a seven-day period to reach an agreement with Hartford on the payment obligations of DCEH to Hartford. If, after this seven-day period, any issues remain unresolved between the receiver and Hartford, one or both of these parties must file a report with the Court on or before noon on April 2, 2019. IT IS SO ORDERED. Related Doc. #191 . Magistrate Judge Thomas M. Parker on 3/21/2019. (D,JJ)
March 21, 2019 Filing 195 Supplement to Minute Order concerning Student Transfer Issues (ECF Doc. #190 ): The court hereby ORDERS the receiver to address the concerns expressed in #194 Letter dated March 20, 2019 from Jamienne S. Studley, president of the WASC Senior College and University Commission not later than April 2, 2019. See Order for additional information and requirements. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/21/2019. (D,JJ)
March 21, 2019 Filing 194 Letter addressed to the Honorable Dan Aaron Polster filed by Jamienne S. Studley, President of WASC Senior College and University Commission. (D,JJ)
March 21, 2019 Opinion or Order Order [non-document] granting Hartford Fire Insurance Company's Motion to intervene as a party. (Related Doc #191 ). Magistrate Judge Thomas M. Parker on 3/21/2019. (D,JJ)
March 21, 2019 Filing 193 Notice of Correction of Party Name filed by Hartford Fire Insurance Company. (Sullivan, Brian)
March 20, 2019 Filing 192 Motion for attorney Mark G. Ledwin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9210646, filed by Hartford Insurance Company. (Attachments: #1 Affidavit of Mark G. Ledwin, #2 Proposed Order on Motion for Pro Hac Vice)(Sullivan, Brian)
March 20, 2019 Filing 191 Motion to intervene as a party filed by Hartford Fire Insurance Company. (Attachments: #1 Proposed Order on Motion to Intervene)(Sullivan, Brian)
March 19, 2019 Opinion or Order Filing 190 Minutes of Proceedings and Order: On March 18, 2019, the Court conducted a hearing on the motion to approve settlement agreement (ECF Docs. #82 and #85 ) and related objections. ECF Docs. #122 -2, #125 , #126 and #128 . Prior to the hearing, two of the objections were withdrawn or were rendered moot. As stated during the hearing, the motion to approve the settlement agreement as expressed in the original agreement and supplements thereto (ECF Docs. #82 , #85 and #118 ) is GRANTED. The Court received correspondence from Argosy and Art Institute teachers stating that they have not been paid for work performed in the receivership period. The receiver will submit a corrected report as soon as possible. The Court ordered that all ongoing payroll and current expenses of operations for any entity in receivership must be paid or the Court would schedule a show cause hearing. The Court addressed the response and reservation of rights filed by Benefit Administrative Systems, LLC. ECF Doc. #177 . As agreed on the record, the receiver must contact Mr. Applebaum as soon as possible to arrange for the contract to exclude the receivership entities. The Court inquired as to status of the payroll and expenses for the Western State College of Law. The Court ordered the receiver to work with the interested parties and the DOE to seek approval of the transfer of the law school's assets. The receiver must file a report on the status of his efforts and the meetings that have taken place on or before noon on April 2, 2019. The Court ordered the receiver to continue funding the law school through May 29, 2019. The Court received two letters from Joseph D. Harbaugh, the Chair of the Argosy University Board of Trustees, regarding the masters and doctoral clinical psychology students. The Court ordered the receiver to talk to Mr. Harbaugh and determine whether students are not being offered appropriate transfer opportunities. The Court also ordered the receiver to determine the cost of the additional counseling and administrative services suggested by Dr. Harbaugh. The Receiver must file a report of his efforts on or before noon on April 2, 2019. Counsel is directed to thoroughly read the Court's Order. IT IS SO ORDERED. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/19/2019. (Court Reporter: Donnalee Cotone; Time: 1 hour, 15 minutes). Modified on 3/20/2019 (D,JJ).
March 19, 2019 Filing 189 Motion to Charge All Accrued and Ongoing Post-Receivership Rent as a Cost to Plaintiff with memorandum of law filed by Interested Party 3601 Sunflower LLC. (Attachments: #1 Exhibit Declaration of Vickie Dewey)(Stavole, William)
March 19, 2019 Filing 188 Transcript of Motion Hearing Proceedings held on 3/18/2019 before Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 216-357-7078 or email donnalee_cotone@ohnd.uscourts.gov. [73 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/26/2019. Redaction Request due 4/9/2019. Redacted Transcript Deadline set for 4/19/2019. Release of Transcript Restriction set for 6/17/2019. Related document(s) #185 . (C,Do)
March 19, 2019 Opinion or Order Filing 187 Agreed Order between Receiver and Fluorine, LLC. Related Doc. #186 . Pursuant to this Agreed Order, ECF Docs. #104 and #106 are withdrawn. Approved by Magistrate Judge Thomas M. Parker on 3/19/2019. (D,JJ)
March 19, 2019 Opinion or Order Order [non-document] denying as moot Plaintiff/Intervenor Marina A. Awed's Motion to Request Open Phone Line (Related Doc #166 ). Magistrate Judge Thomas M. Parker on 3/19/2019.(D,JJ)
March 18, 2019 Filing 186 Proposed Agreed Order Surrendering Leased Premises to its Landlord, Fluorine, LLC, Relieving Injunction and Stay as Against Fluorine, LLC as to Those Leased Premises and the Lease Agreement, and Granting Related Relief filed by Fluorine,LLC. (Moran, Clare)
March 18, 2019 Filing 185 Expedited Non-Appeal Transcript Order Form for proceedings held on 03/18/2019 before Judge Dan Polser, Court Reporter: Donnalee Cotone. Requested completion date: 03/19/2019 filed by Flagler Master Fund SPC Ltd.. (Lipps, Jeffrey)
March 18, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Brad A. Danek for HEFCO Meadowbrook LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #181 ). Approved by Judge Dan Aaron Polster on 3/18/2019.(K,K)
March 18, 2019 Filing 184 Expedited Non-Appeal Transcript Order Form for proceedings held on 3/8/19 before Judge Thomas M. Parker, Court Reporter: Shirle Perkins. Requested completion date: 3/21/19 filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Hagan, Eleanor)
March 18, 2019 Filing 183 Receiver's Report Regarding Pay Status of Employees filed by Mark E. Dottore. Related document(s) #172 . (Attachments: #1 Exhibit A - Unpaid Payroll by Account Number, #2 Exhibit B - Unpaid Payroll by Job Description) (Whitmer, Mary)
March 18, 2019 Filing 182 Second Statement of Interest concerning order to appear at hearing filed by United States. (Jacobson, Jonathan)
March 18, 2019 Filing 181 Motion for attorney Brad A. Danek to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9204813, filed by Plaintiff/Intervenor HEFCO Meadowbrook LLC. (Attachments: #1 Exhibit A: Affidavit of Brad A. Danek, #2 Exhibit B: Certificate of Good Standing)(Sharkey, Daniel)
March 18, 2019 Filing 180 Receiver's Report to the Court Re Issues Raised in Dean Easley's Letter to Judge Polster and in the Court's Order of March 15, 2019 filed by Mark E. Dottore. Related document(s) #168 , #170 . (Ehrman, James)
March 18, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Morgan J. Hanson for Dream Center South University, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #178 ). Approved by Judge Dan Aaron Polster on 3/18/2019.(K,K)
March 18, 2019 Filing 179 Notice of Appearance and Notice of Intention to Bid on Purchase of Assets of Western State College of Law filed by Gregory L. Bentley, William D. Shapiro. (Attachments: #1 Settlement Agreement, #2 Minutes of Proceedings and Order) Related document #162 .(K,K)
March 17, 2019 Filing 178 Motion for attorney Morgan J. Hanson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9203741, filed by Plaintiff/Intervenor Dream Center South University, LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Proposed Order)(Shrayber, Fridrikh)
March 17, 2019 Filing 177 Response and Reservation of Rights of Benefit Administrative Systems, LLC Regarding Order Concerning Pay Status of DCEH Holdings, LLC Employees filed by Benefit Administrative Systems, LLC. Related document(s) #172 . (Applebaum, Aaron)
March 15, 2019 Set Deadlines and Hearings Motion Hearing set for 3/18/2019 at 01:30 PM in Chambers 18B before Judge Dan Aaron Polster. Related document(s) #176 . (L,Ja)
March 15, 2019 Opinion or Order Filing 176 Order to Appear. The court hereby orders the United States Department of Education to produce one or more representatives with personal knowledge of the topics (contained in this Order) to participate in the hearing concerning the motion to approve the settlement agreement between the receiver and Studio, set for March 18, 2019 at 1:30 PM in Courtroom 18B. Because this order is issued with short notice, the court will permit DOE's representative to participate in the hearing by telephone. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/15/2019. (D,JJ)
March 15, 2019 Filing 175 Statement Regarding Western State College of Law filed by Studio Enterprise Manager, LLC. Related document(s) #162 .(Gibbons, M.)
March 15, 2019 Opinion or Order Filing 174 Agreed Order between Receiver and AI Philadelphia Limited Partnership. Related Doc. #171 . Approved by Magistrate Judge Thomas M. Parker on 3/15/2019. (D,JJ)
March 15, 2019 Filing 173 Response of Receiver to Joseph Harbaugh Letter filed by Mark E. Dottore. Related document(s) #156 . (Whitmer, Mary)
March 15, 2019 Opinion or Order Filing 172 Order concerning pay status of DCEH Holdings, LLC employees. The court has received a communication from employees of the Art Institute of Pittsburgh, DC, LLC. The court hereby ORDERS the receiver to file forthwith, and not later than 12:00 PM on March 18, 2019, a report concerning the items outlined in this order. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/15/2019. (D,JJ)
March 15, 2019 Filing 171 Proposed Order (Stipulation and Agreed Order by and between Receiver and AI Philadelphia Limited Partnership with respect to Terminated Tenancy of Premises Located at 1618-22 Chestnut Street, Philadephia, Pennsylvania, Relieving Injunction and Stay with respect thereto and Related Relief) filed by AI Philadelphia Limited Partnership. (Levinson, Jeffrey)
March 15, 2019 Opinion or Order Filing 170 Order: The court has received and filed a letter from Allen K. Easley, Dean of the Western State College of Law at Argosy University (ECF Doc. #168 ). The court hereby orders the Receiver to address the items outlined in this order, prior to the March 18, 2019 hearing in this case. The court further orders a representative of Western State College of Law, preferably Dean Allen K. Easley, to participate in the March 18, 2019 hearing in person or by telephone. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/15/2019. (D,JJ)
March 15, 2019 Opinion or Order Filing 169 Agreed Order between Receiver and 2323 Elliott Avenue, LLC. Related Doc. #167 . Pursuant to this Agreed Order, ECF Doc. #164 Motion for Limited Relief is withdrawn. Approved by Magistrate Judge Thomas M. Parker on 3/15/2019. (D,JJ)
March 15, 2019 Filing 168 Letter addressed to the Honorable Dan Aaron Polster filed by Allen K. Easley, Dean and Professor of Law, Western State College of Law at Argosy University. (D,JJ)
March 15, 2019 Filing 167 Proposed Order Agreed Order Surrendering Leased Premises to its Landlord 2323 Elliott Avenue, LLC. relieving injunction and injunction against 2323 Elliot Avenue, LLC as to those leaded premises and the lease, and granting related relief filed by 2323 Elliott Avenue, LLC. Related document(s) #164 . (Terlecky, Myron)
March 15, 2019 Opinion or Order Order [non-document] granting Mid-Atlantic Region Commission on Higher Education, Inc. d/b/a Middle States Commission on Higher Education's Motion to intervene as a party. (Related Doc #152 ). Magistrate Judge Thomas M. Parker on 3/15/2019. Modified on 3/15/2019 (D,JJ).
March 15, 2019 Filing 166 Motion to Request Open Phone Line filed by Plaintiff/Intervenor Marina A. Awed. (Awed, Marina)
March 14, 2019 Filing 165 Transcript of Show Cause Hearing held on 3-11-19 before Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone, RMR, CRR, CRC at 216-357-7078 or email donnalee_cotone@ohnd.uscourts.gov. [121 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/21/2019. Redaction Request due 4/4/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. Related document(s) #157 . (C,Do)
March 14, 2019 Filing 164 WITHDRAWN pursuant to ECF Doc. #169 Agreed Order: Motion for Limited Relief from Stay Provisions and for an Order Directing the Receiver to Pay Rent with memorandum in support filed by Interested Party 2323 Elliott Avenue, LLC. Related document(s) #8 . (Attachments: #1 Exhibit A - Eviction Complaint, #2 Exhibit B - Lease, #3 Exhibit C - Assignment of Lease, #4 Exhibit D - Statement of Account)(Terlecky, Myron). Modified to withdraw document on 3/15/2019 (D,JJ).
March 14, 2019 Filing 163 Notice of The Buncher Company Withdrawing the Response to the Receiver's Motion to Approve Settlement Agreement and Deadline for Filing Objections Included Herein filed by Buncher Company. Related document(s) #125 , #146 .(Roach, Jared)
March 14, 2019 Opinion or Order Order [non-document]: In light of the court's oral rulings on March 11, 2019 (ECF Doc. #162 ), Hemingway at Richmond, LLC's #47 Motion for Limited Relief from Stay is denied as moot. Magistrate Judge Thomas M. Parker on 3/14/2019. (D,JJ)
March 14, 2019 Opinion or Order Order [non-document] granting Tech Park 6, LLC's #59 Motion to intervene as a party. In light of the court's oral rulings on March 11, 2019 (ECF Doc. #162 ), Tech Park 6, LLC's #59 Emergency Motion to Expedite Decision is denied as moot. Magistrate Judge Thomas M. Parker on 3/14/2019. (D,JJ)
March 14, 2019 Opinion or Order Order [non-document]: In light of the court's oral rulings on March 11, 2019 (ECF Doc. #162 ), Historic Berriman-Morgan, LLC's #86 Motion for expedited relief from stay is denied as moot. Magistrate Judge Thomas M. Parker on 3/14/2019. (D,JJ)
March 14, 2019 Opinion or Order Order [non-document]: In light of the court's oral rulings on March 11, 2019 (ECF Doc. #162 ), Fluorine, LLC's #104 Motion for Limited Relief From Stay is denied as moot. Magistrate Judge Thomas M. Parker on 3/14/2019.(D,JJ)
March 14, 2019 Opinion or Order Order [non-document]: In light of the court's oral rulings on March 11, 2019 (ECF Doc. #162 ), HEFCO Meadowbrook LLC's #105 Motion for Limited Relief is denied as moot. Magistrate Judge Thomas M. Parker on 3/14/2019.(D,JJ)
March 14, 2019 Opinion or Order Filing 161 Order: Within ten days of this order, plaintiff and the receiver must file a response to Plaintiff/Intervenor Hemingway at Richmond, LLC's #139 Motion for costs. If Hemingway at Richmond intends to withdraw its motion, it must be withdrawn before March 15, 2019. Magistrate Judge Thomas M. Parker on 3/14/2019. (D,JJ)
March 14, 2019 Opinion or Order Filing 160 Agreed Order between Receiver and HGF, L.P. Related Doc. #131 . Approved by Magistrate Judge Thomas M. Parker on 3/13/2019. (D,JJ)
March 13, 2019 Opinion or Order Filing 162 Minutes of proceedings and Order On March 11, 2019, the Court conducted a hearing to show cause why the Order Appointing Receiver entered on January 18, 2019, Doc. #8 , should not be vacated. Doc. #111 . The Court directed the Receiver to pay the landlord for the four weeks that the Western State College of Law at Argosy University would remain open. A representative of Studio Enterprise Manager, LLC, ("Studio"), John Altorelli, asserted Studio's interest in purchasing the law school and keeping it open longer than the aforesaid four-week period. Should this option be pursued, the parties must notify the Court no later than 12 noon on Monday, March 18, 2019, and the Receiver must continue to pay the landlord until the purchase is completed. Pursuant to the suggestion of both Studio Enterprise and the Receiver, the Court hereby ORDERS Studio and the Receiver to submit to the Court, no later than March 26, 2019, a detailed plan for the extrication of ongoing South University and the Art Institute entities from the DCEH Holdings, LLC IT platform within six months from the date of this Order. The Court stated that the Receiver did not need to receive Court approval to enter into articulation agreements with schools willing to accept transfer students from the closed universities. The emergency motions filed by the Receiver to enter into articulation agreements, Docs. #116 and #137 , are, therefore, DENIED AS MOOT. Counsel is directed to thoroughly read the Court's Order. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M.Parker on 3/13/2019. (Court Reporter: Donnalee Cotone; Time: 4 hours) Related document(s) #106 , #96 , #137 , #99 , #116 , #90 , #8 , #136 , #135 , #97 , #111 , #98 , #54 , #94 . (K,K)
March 13, 2019 Opinion or Order Filing 159 Order: The court has received and filed a letter from Joseph D. Harbaugh, Chairman of the board of trustees of Argosy University (ECF Doc. #156 ). The court hereby ORDERS Receiver Mark Dottore to file, not later than 12:00 noon on Monday, March 18, 2019, a response to the Harbaugh letter. IT IS SO ORDERED. See Order for additional information and requirements. Magistrate Judge Thomas M. Parker on 3/13/2019. (D,JJ)
March 13, 2019 Filing 158 Notice of Status of Objections to Motion to Approve Settlement Agreement (Docket No. 82) filed by Mark E. Dottore. Related document(s) #125 , #82 , #146 , #128 .(Glickman, Robert)
March 13, 2019 Filing 157 Expedited Non-Appeal Transcript Order Form for proceedings held on 03/11/2019 before Judge Dan Polster, Court Reporter: Donnalee Cotone. Requested completion date: 03/14/2019 filed by Flagler Master Fund SPC Ltd.. (Lipps, Jeffrey)
March 13, 2019 Filing 156 Letter addressed to the Honorable Dan Aaron Polster filed by Joseph D. Harbaugh, Chair of the Argosy University Board of Trustees. (D,JJ)
March 13, 2019 Filing 155 Reply in support of #82 Motion to Approve Settlement Agreement and Deadline for Filing Objections Included Herein filed by Studio Enterprise Manager, LLC. (Gibbons, M.)
March 13, 2019 Filing 154 Proposed Order Authorizing Middle States Commission on Higher Education's to Intervene filed by Middle States Commission on Higher Education. Related document(s) #152 . (Ballinger, Adam)
March 13, 2019 Filing 153 Brief Memorandum of Law in Support of Middle States Commission on Higher Education's Motion to Intervene filed by Middle States Commission on Higher Education. Related document(s) #152 . (Ballinger, Adam)
March 13, 2019 Filing 152 Motion to intervene as a party filed by Intervenor Middle States Commission on Higher Education. (Ballinger, Adam)
March 13, 2019 Opinion or Order Order [non-document] in light of Agreed Order (ECF doc. #151 ), the court denies as moot 3601 Sunflower LLC's #54 Motion to vacate the Injunction and Receiver Order or, in the alternative, to Modify the Scope of the Receiver Order and Injunction. Magistrate Judge Thomas M. Parker on 3/13/2019. (D,JJ)
March 13, 2019 Opinion or Order Filing 151 Agreed Order between the Receiver and 3601 Sunflower LLC. Approved by Magistrate Judge Thomas M. Parker on 3/13/2019. (D,JJ)
March 13, 2019 Filing 150 Amended Order Appointing Receiver. The Court grants Receiver's Motion to Amend the Order Appointing Receiver (Related Doc #72 ). Magistrate Judge Thomas M. Parker on 3/13/2019.(D,JJ)
March 13, 2019 Opinion or Order Filing 149 Order granting Stipulation (Motion) and Agreed Order Between Receiver, Plaintiff, Defendants, Receivership Entities, and U.S. Bank, National Association (Related Doc #73 ). Magistrate Judge Thomas M. Parker on 3/13/2019.(D,JJ)
March 13, 2019 Opinion or Order Order [non-document] denying as moot Plaintiff/Intervenor The Buncher Company's Motion Seeking Timely Payment of Rent and Granting Relief from Stay (Related Doc #56 ), in light of Agreed Order between Receiver and The Buncher Company re surrender of premises (Related Doc #146 ). Magistrate Judge Thomas M. Parker on 3/13/2019.(D,JJ)
March 13, 2019 Opinion or Order Order [non-document] denying as moot Douglas Emmett 2010, LLC's Motion for Limited Relief from Stay Provisions of Order Appointing Receiver (Related Doc #95 ). Magistrate Judge Thomas M. Parker on 3/13/2019.(D,JJ)
March 13, 2019 Opinion or Order Order [non-document] granting Intervenor Marina Awed's Motion to withdraw document #129 . Related Doc #148 . Magistrate Judge Thomas M. Parker on 3/13/2019.(D,JJ)
March 12, 2019 Filing 148 Motion to withdraw pro se motion by Western State College of Law Students Document #129 filed by Plaintiff/Intervenor Marina A. Awed. (Awed, Marina)
March 12, 2019 Filing 147 Proposed Order Surrendering Leased Premises to its Landlord, 3601 Sunflower LLC, Relieving Injunction and Stay as Against 3601 Sunflower LLC as to Those Leased Premises and the Lease, and Granting Related Relief filed by 3601 Sunflower LLC. (Stavole, William)
March 12, 2019 Opinion or Order Filing 146 Agreed Order between Receiver and The Buncher Company re surrender of premises. Related document #142 . Approved by Magistrate Judge Thomas M. Parker on 3/12/2019. (D,JJ)
March 12, 2019 Opinion or Order Filing 145 Agreed Order between Receiver and Douglas Emmett 2010 LLC re surrender of premises. Related document #140 . Approved by Magistrate Judge Thomas M. Parker on 3/12/2019. Modified on 3/12/2019 (D,JJ).
March 12, 2019 Opinion or Order Filing 144 Order granting Thomas J. Perrelli's Motion to intervene as a party. (Related Doc #77 ). Magistrate Judge Thomas M. Parker on 3/12/2019.(D,JJ)
March 12, 2019 Opinion or Order Order [non-document]: Consistent with the Court's rulings during the March 11, 2019 hearing, the Receiver's #137 emergency motion for an order authorizing articulation agreements is DENIED, as moot. Magistrate Judge Thomas M. Parker on 3/12/2019.(D,JJ)
March 12, 2019 Opinion or Order Order [non-document]: Consistent with the Court's rulings during the March 11, 2019 hearing, the Receiver's #116 emergency motion for an order authorizing articulation agreements is DENIED, as moot. Magistrate Judge Thomas M. Parker on 3/12/2019.(D,JJ)
March 12, 2019 Opinion or Order Order [non-document]: Because most of the Argosy schools are already closed, the Receiver's #112 emergency motion to sell, transition or close the Argosy schools is DENIED, as moot. Magistrate Judge Thomas M. Parker on 3/12/2019.(D,JJ)
March 12, 2019 Opinion or Order Order [non-document]: Consistent with the Court's rulings during the March 11, 2019 hearing, Intervenor Tech Park 6, LLC's #97 motion to join the motion to vacate is DENIED, as moot. Magistrate Judge Thomas M. Parker on 3/12/2019. (D,JJ)
March 12, 2019 Filing 143 Minute Order of Status Conference held on 3/8/2019. See Order for detailed information. (Court Reporter: Shirle Perkins). Magistrate Judge Thomas M. Parker on 3/12/2019. (D,JJ)
March 11, 2019 Filing 142 Proposed Order Surrendering Possession of Premises to Intervening Landlord, The Buncher Company, Relieving Injunction and Stay as to Certain Leased Premises and the Leases, and Related Relief filed by Mark E. Dottore. (Oleski, Nicholas)
March 11, 2019 Notice to Attorney Lloyd H. Randolph. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #136 . (P,WL)
March 11, 2019 Filing 141 Proposed Order Surrendering Leased Premises To Its Landlord, Historic Berriman-Morgan, LLC, Relieving Injunction and Stay as Against Historic Berriman-Morgan, LLC As to Those Leased Premises and the Lease, and Granting Related Relief filed by Historic Berriman-Morgan, LLC. (Bennett, Daniel)
March 11, 2019 Filing 140 Stipulated Motion Surrendering Possession of Premises to Intervening Landlord Douglas Emmett 2010, LLC Relieving Injunction and Stay as to Certain Leased Premises and the Leases and Related Relief filed by Plaintiff/Intervenor Douglas Emmett 2010, llc. (Turner, Peter)
March 11, 2019 Filing 139 Motion for costs to Charge all accrued and ongoing post-receivership rent as a cost to Plaintiff filed by Plaintiff/Intervenor Hemingway at Richmond, LLC. (Eppler, Douglas)
March 11, 2019 Filing 138 Limited Reply to response to #97 Motion for joinder Of 3601 Sunflower LLC To Vacate The Injunction And Receiver, Order Or In The Alternative, To Modify The Scope Of The Receiver Order And Injunction - filed by Tech Park 6, LLC. (Attachments: #1 Affidavit Declaration of Timothy J. Ballard)(Chesley, Richard) .
March 11, 2019 Filing 137 Emergency Motion an order authorizing the receiver to enter into four Articulation Agreements with TCS Education System filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit Exhibit A - Agreement Letter Between Argosy and TCS Education Systems, #2 Exhibit Exhibit B - Articulation Agreement with Pacific Oaks, #3 Exhibit Exhibit C - Articulation Agreement with Saybrook, #4 Exhibit Exhibit D - Articulation Agreement with SB & Ventura College of Law)(Whitmer, Mary)
March 11, 2019 Filing 136 Statement of Interest concerning order to show cause why receivership should not be vacated filed by United States. (Jacobson, Jonathan)
March 11, 2019 Opinion or Order Order [non-document] granting Motions for appearance pro hac vice by attorney Ingrid A. Bohme and Helen S. Ward for Dream Center South University, LLC and Adam C. Ballinger for Middle States Commission on Higher Education. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #123 , #124 , #133 ). Approved by Judge Dan Aaron Polster on 3/11/2019.(K,K)
March 11, 2019 Filing 135 Reply in support of #54 Motion to vacate the Injunction and Receiver Order or, in the alternative,Motion to Modify the Scope of the Receiver Order and Injunction filed by 3601 Sunflower LLC. (Stavole, William)
March 10, 2019 Filing 134 Response to #97 Motion for joinder Of 3601 Sunflower LLC To Vacate The Injunction And Receiver, Order Or In The Alternative, To Modify The Scope Of The Receiver Order And Injunction - filed by Mark E. Dottore. (Attachments: #1 Declaration of William A. Turbay)(Oleski, Nicholas)
March 8, 2019 Filing 133 Motion for attorney Adam C. Ballinger to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9189804, filed by Intervenor Middle States Commission on Higher Education. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration)(Teaberry, Jeremy - /s Adam Ballinger)
March 8, 2019 Filing 132 Supplement to Report of Special Master - Fourth Supplement to First Receiver's Report - Response to the United States Department of Education Letter of February 27, 2019, filed by Mark E. Dottore. Related document(s) #91 . (Attachments: #1 Exhibit A - Feb 27 Letter from DOE Denying Title IV Funds to Argosy University, #2 Exhibit B - Receiver's Response to the DOE Letter)(Whitmer, Mary)
March 8, 2019 Opinion or Order Order [non-document] Plaintiff's Motion to excuse in person attendance of Plaintiff's Representative at Show Cause Hearing scheduled for March 11, 2019 is DENIED (Related Doc #119 ). Entered on behalf of Judge Dan Aaron Polster on 3/8/2019.(K,K)
March 8, 2019 Filing 131 Proposed Order Surrendering Leased Premises to its Landlord, HGF L.P., Relieving Injunction and Stay as Against HGF L.P. as to Those Leased Premises and the Lease, and Granting Related Relief, filed by HGF L.P.. (Toole, Jeffrey)
March 8, 2019 Filing 130 Supplement to Order to Show Cause for hearing set for March 11, 2019 (requiring specific persons to attend). Magistrate Judge Thomas M. Parker on 3/8/2019. (D,JJ) (Related Document #111 )
March 8, 2019 Opinion or Order Order [non-document] granting Benefit Administrative Systems, LLC's Motion to intervene as a party. (Related Doc #127 ). Magistrate Judge Thomas M. Parker on 3/8/2019.(D,JJ)
March 8, 2019 Filing 129 Motion for leave to Join #88 Motion to Intervene filed by Plaintiff/Intervenor Marina A. Awed. (Attachments: #1 Exhibit A - Students Seeking Leave to Join Marina Awed's Pros Se Motion)(W,CM)
March 8, 2019 Filing 128 Response to #82 Motion to Approve Settlement Agreement filed by Flagler Master Fund SPC Ltd. (Lipps, Jeffrey) .
March 8, 2019 Filing 127 Motion to intervene as a party filed by Intervenor Benefit Administrative Systems, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Applebaum, Aaron)
March 8, 2019 Filing 126 Limited Objection to Settlement Agreement filed by Dream Center South University, LLC. Related document(s) #118 , #82 , #85 . (Shrayber, Fridrikh)
March 8, 2019 Filing 125 Response to #82 Motion to Approve Settlement Agreement and Deadline for Filing Objections Included Herein filed by Buncher Company. (Roach, Jared)
March 8, 2019 Opinion or Order Order [non-document] granting Dream Center South University, LLC's Motion to intervene as a party. (Related Doc #122 ). Magistrate Judge Thomas M. Parker on 3/8/2019. (D,JJ)
March 8, 2019 Filing 124 Motion for attorney Helen S. Ward to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9187637, filed by Intervenor Dream Center South University, LLC. (Attachments: #1 Affidavit, #2 Proposed Order)(Shrayber, Fridrikh)
March 8, 2019 Filing 123 Motion for attorney Ingrid A. Bohme to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9187615, filed by Intervenor Dream Center South University, LLC. (Attachments: #1 Affidavit, #2 Proposed Order)(Shrayber, Fridrikh)
March 8, 2019 Filing 122 Motion to intervene as a party filed by Intervenor Dream Center South University, LLC. (Attachments: #1 Proposed Order, #2 Brief in Support)(Shrayber, Fridrikh)
March 8, 2019 Filing 121 Attorney Appearance by Fridrikh V. Shrayber filed by on behalf of Dream Center South University, LLC. (Shrayber, Fridrikh)
March 7, 2019 Filing 120 Third Supplement to First Receiver Report - Financial Report, filed by Mark E. Dottore. Related document(s) #91 . (Attachments: #1 Exhibit A - Receiver's Post-Argosy Plan for Operations)(Whitmer, Mary)
March 7, 2019 Filing 119 Motion to excuse in person attendance of Plaintiff's Representative at Show Cause Hearing scheduled for March 11, 2019 filed by Plaintiff Digital Media Solutions, LLC. Related document(s) #111 . (Bentz, Audrey)
March 7, 2019 Filing 118 Supplement to Motion to Approve Settlement Agreement filed by Mark E. Dottore. Related document(s) #82 . (Attachments: #1 Exhibit A - Second Amendment to Settlement Agreement)(Glickman, Robert)
March 7, 2019 Filing 117 Second Supplement to first receiver report - Landlord report filed by Mark E. Dottore. Related document(s) #91 , #108 . (Attachments: #1 Exhibit A - Lease/Landlord Information)(Whitmer, Mary)
March 7, 2019 Filing 116 Emergency Motion for an order authorizing the receiver to enter into an articulation agreement with South University filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit articulation agreement)(Whitmer, Mary)
March 7, 2019 Filing 115 Attorney Appearance by Myron N. Terlecky and John W. Kennedy filed by on behalf of 2323 Elliott Avenue, LLC. (Terlecky, Myron)
March 6, 2019 Filing 114 Opposition to #65 Motion to intervene as a party , #86 Motion for expedited relief from Stay and for Payment of Post-Receivership Rent, #105 Motion for Limited Relief From the Order Appointing Receiver, #104 Motion for Limited Relief From Stay Provisions Of Order Appointing Receiver, #59 Emergency Motion to intervene as a partyEmergency Motion To Expedite Decision To Assume Or Reject Lease, #56 Motion Seeking Timely Payment of RentMotion Granting Relief from Stay, #95 Motion for relief (Limited) from Stay Provisions of Order Appointing Receiver filed by Mark E. Dottore. (Oleski, Nicholas)
March 6, 2019 Filing 113 Brief in Response To Student Intervenors Memorandum In Support of Vacating Order Appointing Receiver filed by Mark E. Dottore. Related document(s) #98 . (Oleski, Nicholas)
March 6, 2019 Filing 112 Emergency Motion to sell, transition or close argosy university campuses and art institutes campuses filed by Receiver Mark E. Dottore. (Whitmer, Mary)
March 6, 2019 Opinion or Order Filing 111 Order to Show Cause: The Court, sua sponte, hereby ORDERS the original parties to this action, including but not limited to: Digital Media Solutions, LLC, DCEH Holdings, LLC, et al., and Receiver Mark Dottore to appear and show cause why the receivership order entered on January 18, 2019 (ECF Doc. #8 ) should not be vacated forthwith. The show-cause hearing will be held on 3/11/2019 at 2:15 PM in Courtroom 18B before Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker. IT IS SO ORDERED. See Order for additional information and requirements. Signed by Magistrate Judge Thomas M. Parker on 3/6/2019. (D,JJ)
March 6, 2019 Opinion or Order Order [non-document] granting HGF L.P.'s Motion to intervene as a party. (Related Doc #110 ). Magistrate Judge Thomas M. Parker on 3/6/2019.(D,JJ)
March 6, 2019 Filing 110 Unopposed Motion to intervene as a party with memorandum in support attached filed by Intervenor HGF L.P. (Attachments: #1 Exhibit 1 - Declaration of Jeffrey R. Diltz, #2 Exhibit A to Diltz Declaration - Lease; Assignment and Assumption of Lease, #3 Exhibit B to Diltz Declaration - Notice to Pay Rent or Quit, #4 Exhibit C to Diltz Declaration - Summons & Complaint, #5 Exhibit D to Diltz Declaration - Default Judgment, #6 Exhibit 2 - Proposed Order)(Toole, Jeffrey)
March 6, 2019 Filing 109 Attorney Appearance by Jeffrey C. Toole and Theodore M. Dunn, Jr., filed by on behalf of HGF L.P.. (Toole, Jeffrey)
March 6, 2019 Filing 108 First Supplement to first Receiver Report, litigation report filed by Mark E. Dottore. Related document(s) #91 . (Attachments: #1 Exhibit A - Summary Spreadsheet)(Whitmer, Mary)
March 6, 2019 Opinion or Order Order [non-document] granting Fluorine, LLC's #106 Motion for leave to join 3601 Sunflower, LLC's Motion to Vacate the Injunction and Receiver Order, or in the alternative, Modify the Scope of the Receiver Order and Injunction (ECF Document #54 ). Magistrate Judge Thomas M. Parker on 3/6/2019. (D,JJ)
March 5, 2019 Filing 107 Reply in support of #47 Motion for Limited Relief from Stay Provisions of Order Appointing Receiver filed by Hemingway at Richmond, LLC. (Eppler, Douglas)
March 5, 2019 Filing 106 Motion for leave to Join in the Motion of 3601 Sunflower, LLC to Vacate Injunction and Receiver Order [Doc. 54] filed by Plaintiff/Intervenor Fluorine,LLC. Related document(s) #54 . (Synenberg, Roger)
March 5, 2019 Opinion or Order Order [non-document] granting Fluorine, LLC's Motion to intervene as a party. (Related Doc #102 ). Magistrate Judge Thomas M. Parker on 3/5/2019.(D,JJ)
March 5, 2019 Filing 105 Motion for Limited Relief From the Order Appointing Receiver filed by Plaintiff/Intervenor HEFCO Meadowbrook LLC. Related document(s) #8 . (Attachments: #1 Exhibit A - Affidavit of Howard Friedlaender, #2 Exhibit B - Lease and Amendments, #3 Exhibit C - HEFCO's Counsel Letter)(Sharkey, Daniel)
March 5, 2019 Filing 104 Motion for Limited Relief From Stay Provisions Of Order Appointing Receiver filed by Intervenor Fluorine,LLC. (Attachments: #1 Exhibit A-1 Lease, #2 Exhibit A-2 1st Lease Amendment, #3 Exhibit A-3 2nd Lease Amendment, #4 Exhibit B Lease Assignment, #5 Exhibit C Invoices, #6 Exhibit D Emails, #7 Exhibit E Summons, #8 Exhibit F Correpondence)(Synenberg, Roger)
March 5, 2019 Filing 103 Attorney Appearance by Roger M. Synenberg filed by on behalf of Fluorine,LLC. (Synenberg, Roger)
March 5, 2019 Filing 102 Motion to intervene as a party filed by Intervenor Fluorine,LLC. (Attachments: #1 Exhibit A-Summons for Unlawful Detainer, #2 Proposed Order)(Synenberg, Roger)
March 5, 2019 Copy of #101 Order on Motion, mailed to Marina Awed, P.O. Box 1278, Trustin, CA 92781 on 3/5/2019. (D,JJ)
March 5, 2019 Opinion or Order Filing 101 Order granting Plaintiff/Intervenor, Marina Awed's Motion to use the Court's Electronic Filing System (Related Doc #89 ). Plaintiff/Intervenor is instructed to complete the attached Pro Se Applicant Electronic Filing Registration Form and return the form to the Clerk of Courts within fourteen (14) days of this Order. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 3/5/2019. (Attachments: #1 Pro Se Applicant Electronic Filing Registration Form). (D,JJ)
March 5, 2019 Copy of Order [non-document] on Motion to intervene as a party mailed to Marina Awed, P.O. Box 1278, Trustin, CA 92781 on 3/5/2019. (D,JJ)
March 5, 2019 Opinion or Order Order [non-document] granting Marina Awed's Motion to intervene as a party. (Related Doc #88 ). Magistrate Judge Thomas M. Parker on 3/5/2019.(D,JJ)
March 5, 2019 Opinion or Order Order [non-document] granting Douglas Emmett 2010, LLC's Motion to intervene as a party. (Related Doc #93 ). Magistrate Judge Thomas M. Parker on 3/5/2019.(D,JJ)
March 5, 2019 Opinion or Order Order [non-document] granting HEFCO Meadowbrook LLC's Motion to intervene as a party. (Related Doc #65 ). Magistrate Judge Thomas M. Parker on 3/5/2019.(D,JJ)
March 5, 2019 Copy of #100 Order on Motion mailed to Cheyanna Jaffke, P.O. Box 2520, Anaheim, CA 92814 on 3/5/2019. Related document(s) #31 . (D,JJ)
March 5, 2019 Opinion or Order Filing 100 Order: To the extent that ECF Doc. #31 filed by Cheyanna Jaffke can be construed as a motion to intervene, it is hereby GRANTED. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 3/5/2019. (D,JJ)
March 4, 2019 Filing 99 Response / Brief in Support of #54 Motion to vacate the Injunction and Receiver Order or, in the alternative,Motion to Modify the Scope of the Receiver Order and Injunction filed by Hemingway at Richmond, LLC. (Eppler, Douglas)
March 4, 2019 Filing 98 Response to #54 Motion to vacate the Injunction and Receiver Order or, in the alternative,Motion to Modify the Scope of the Receiver Order and Injunction In Support of Vacating Order Appointing Receiver Filed by the Student Intervenors filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Exhibit A - Email to Set Up Receivership, #2 Exhibit B - Web Page, #3 Exhibit C - APA Letter to Secretary DeVos)(Gurbst, Richard)
March 4, 2019 Filing 97 Motion for joinder Of 3601 Sunflower LLC To Vacate The Injunction And Receiver, Order Or In The Alternative, To Modify The Scope Of The Receiver Order And Injunction - filed by Intervenor Tech Park 6, LLC. Related document(s) #54 . (Chesley, Richard)
March 4, 2019 Filing 96 Notice of Movant 's Joinder in the Motion of 3601 Sunflower, LLC's Motion to Vacate Injunction and Receiver Order filed by Douglas Emmett 2010, llc. Related document(s) #54 .(Turner, Peter)
March 4, 2019 Filing 95 Motion for relief (Limited) from Stay Provisions of Order Appointing Receiver filed by Movant Douglas Emmett 2010, llc. Related document(s) #8 . (Attachments: #1 Exhibit 1 - Hawaii Case 1RC19-1-1082, #2 Exhibit 2 - Hawaii Case 1RC19-1-1084, #3 Exhibit 3 - Hawaii Case 1RC19-1-1083)(Turner, Peter)
March 4, 2019 Filing 94 Opposition to #54 Motion to vacate the Injunction and Receiver Order or, in the alternative,Motion to Modify the Scope of the Receiver Order and Injunction filed by Mark E. Dottore. (Oleski, Nicholas)
March 4, 2019 Filing 93 Unopposed Motion to intervene as a party filed by Movant Douglas Emmett 2010, LLC. (Attachments: #1 Exhibit 1 - State of Hawaii Case 1RC19-1-1082, #2 Exhibit 2 - State of Hawaii Case 1RC19-1-1084, #3 Exhibit 3 - State of Hawaii Case 1RC19-1-1083, #4 Proposed Order)(Turner, Peter)
March 4, 2019 Filing 92 Objection of the Student Intervenors to the Motion to Amend the Order Appointing the Receiver, and to The Stipulation and Agreed Order Between the Receiver, Plaintiff, Defendants, and U.S. Bank National Association filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #72 , #73 . (Gurbst, Richard)
March 4, 2019 Filing 91 First Report of Special Master FIRST REPORT OF THE RECEIVER filed by Mark E. Dottore. (Attachments: #1 Exhibit Exhibit A)(Whitmer, Mary)
March 4, 2019 Filing 90 Limited Response to #54 Motion to vacate the Injunction and Receiver Order or, in the alternative,Motion to Modify the Scope of the Receiver Order and Injunction filed by Buncher Company. (Roach, Jared)
March 4, 2019 Filing 89 Motion to use the Court's Electronic Filing System filed by Interested Party Marina Awed. (W,CM)
March 4, 2019 Filing 88 Motion to intervene with Memorandum in Support filed by Interested Party Marina Awed. (W,CM)
March 4, 2019 Filing 87 Attorney Appearance by Katherine C. Ferguson filed by on behalf of Historic Berriman-Morgan, LLC. (Ferguson, Katherine)
March 4, 2019 Filing 86 Motion for expedited relief from Stay and for Payment of Post-Receivership Rent filed by Plaintiff/Intervenor Historic Berriman-Morgan, LLC. (Attachments: #1 Proposed Order Order Granting Expedited Relief from Stay and Requiring Receiver to Make Post-Receivership Rent Payments, #2 Exhibit A - DOE Letter, #3 Exhibit B - Decision)(Bennett, Daniel)
March 1, 2019 Filing 85 Supplement to Motion to Approve Settlement Agreement and Deadline for Filing Objections Included Herein - filed by Mark E. Dottore. Related document(s) #82 . (Attachments: #1 Exhibit A -- First Amendment to Settlement Agreement)(Glickman, Robert)
March 1, 2019 Opinion or Order Filing 84 Ruling and Scheduling Order For the reasons stated in the Order, the Court grants #82 Motion to Approve Settlement Agreement and Deadline for Filing Objections Including Hearing filed by Mark E. Dottore. Any Objections must be filed no later than 12:00 noon on Friday, March 8, 2019, and responses by no later than 12:00 noon on Wednesday, March 13, 2019. Should there be any Objections, the Court will hold a hearing beginning at 1:30 p.m. on Monday, March 18, 2019 in Courtroom 18B. Signed by Judge Dan Aaron Polster on 3/1/2019. (K,K)
March 1, 2019 Filing 83 Notice of the Legal Status of Western State College of Law of Argosy University filed by Mark E. Dottore. (Attachments: #1 Exhibit Exhibit A)Related document(s) #79 .(Whitmer, Mary)
March 1, 2019 Opinion or Order Order [non-document] granting Motions for appearance pro hac vice by attorney Brian Hauck and Thomas J. Perrelli for Thomas J Perrelli. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #74 , #75 ). Approved by Judge Dan Aaron Polster on 3/1/2019.(K,K)
February 28, 2019 Filing 82 Motion to Approve Settlement Agreement and Deadline for Filing Objections Included Herein filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Settlement Agreement with Exhibit)(Ehrman, James)
February 28, 2019 Filing 81 Attorney Appearance by Richard N. Selby, II filed by on behalf of Thomas J Perrelli. (Selby, Richard)
February 28, 2019 Opinion or Order Filing 80 Order granting Student Intervenor's Renewed request/motion for status conference (Related Doc #64 ). A Status Conference is set for 3/8/2019 at 10:00 AM in Courtroom 11B before Magistrate Judge Thomas M. Parker. The Receiver is ordered to file not later than 4:00 PM on Thursday March 7, 2019 the information detailed in this Order. Magistrate Judge Thomas M. Parker on 2/28/2019. (D,JJ)
February 27, 2019 Opinion or Order Filing 79 Order: The court hereby instructs the receiver to advise the court by Friday, March 1, 2019, whether Western State College of Law at Argosy University is a subsidiary of a receivership entity. Related document #31 . Magistrate Judge Thomas M. Parker on 2/27/2019. (D,JJ)
February 26, 2019 Filing 78 Opposition to #47 Motion for relief Motion of Hemingway at Richmond, LLC for Limited Relief from Stay Provisions of Order Appointing Receiver filed by Mark E. Dottore. (Oleski, Nicholas)
February 26, 2019 Filing 77 Motion to intervene as a party filed by Intervenor Thomas J Perrelli. (Attachments: #1 Exhibit Exhibit A - Motion for Entry of Order Clarifying Order Appointing Receiver, #2 Exhibit Exhibit A-1 Order Clarifying Order Appointing Receiver, #3 Exhibit Exhibit A-2 Kentucky Consent Judgment, #4 Exhibit Exhibit A-3 Dream Center Third Annual Report, #5 Exhibit Exhibit A-4 Iowa Attorney General Letter, #6 Exhibit Exhibit A-5 Amended and Restated Purchase Agreement, #7 Exhibit Exhibit A-6 Perrelli Letter regarding Receivership)(Keating, Grant)
February 26, 2019 Filing 76 Opposition to #72 Motion to Amend the Order Appointing Receiver filed by The Buncher Company. (Roach, Jared)
February 26, 2019 Filing 75 Motion for attorney Brian Hauck to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9167996, filed by Intervenor Thomas J Perrelli. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration in Support of Pro Hac)(Keating, Grant)
February 26, 2019 Filing 74 Motion for attorney Thomas J. Perrelli to Appear Pro Hac Vice. Filing fee $120, receipt number 0647-9167892, filed by Intervenor Thomas J Perrelli. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration in Support of Pro Hac)(Keating, Grant)
February 26, 2019 Filing 73 Stipulation and Agreed Order Between Receiver, Plaintiff, Defendants, Receivership Entities, and U.S. Bank, National Association filed by Receiver Mark E. Dottore. (Ehrman, James)
February 26, 2019 Opinion or Order Order [non-document] granting Motions for appearance pro hac vice by attorneys Joshua D. Morse and Jade M. Williams for Tech Park 6, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #66 , #67 ). Approved by Judge Dan Aaron Polster on 2/26/2019.(K,K)
February 25, 2019 Filing 72 Motion to Amend the Order Appointing Receiver filed by Receiver Mark E. Dottore. Related document(s) #14 , #8 . (Attachments: #1 Exhibit A - [Proposed] Amended Receiver Order, #2 Exhibit B - Order Appointing Receiver, #3 Exhibit C - Clarifying Order, #4 Exhibit D - Redline of Decretal Paragraphs, Amended Rceiver Order to Order Appointing Receiver)(Ehrman, James)
February 25, 2019 Filing 71 Supplement to Motion for attorney Jade M. Williams to Appear Pro Hac Vice. on behalf of Tech Park 6, LLC Filing fee $ 120, receipt number 0647-9160436, - Declaration Of Jade M. Williams To Be Admitted Pro Hac Vice, filed by Tech Park 6, LLC. Related document(s) #67 . (Chesley, Richard)
February 25, 2019 Filing 70 Supplement to Motion for attorney Joshua D. Morse to Appear Pro Hac Vice. on behalf of Tech Park 6, LLC Filing fee $ 120, receipt number 0647-9160434, - Declaration By Counsel To Be Admitted Pro Hac Vice - Joshua D. Morse, filed by Tech Park 6, LLC. Related document(s) #66 . (Chesley, Richard)
February 25, 2019 Opinion or Order Filing 69 Order: The court hereby establishes a deadline of March 4, 2019 for the filing of any and all briefs related to the issues raised in 3601 Sunflower LLC's #54 Motion to vacate the injunction and receiver order or, in the alternative, to modify the scope of the receiver order. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 2/25/2019. (D,JJ)
February 22, 2019 Filing 68 Report of Special Master revised and amended report on stipends filed by Mark E. Dottore. Related document(s) #55 . (Whitmer, Mary)
February 21, 2019 Filing 67 Motion for attorney Jade M. Williams to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9160436, filed by Intervenor Tech Park 6, LLC. Related document(s) #59 . (Attachments: #1 Declaration of Jade M. Williams)(Chesley, Richard) Modified - Declaration to be refiled with original signature on 2/22/2019 (O,K).
February 21, 2019 Filing 66 Motion for attorney Joshua D. Morse to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9160434, filed by Intervenor Tech Park 6, LLC. Related document(s) #59 . (Attachments: #1 Declaration of Joshua D. Morse)(Chesley, Richard) Modified - Declaration to be refiled with original signature on 2/22/2019 (O,K).
February 21, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by Aaron S. Applebaum for Local Rule 5.1(c) requires that attorneys register for Benefit Administrative Systems, LLC. CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #63 ). Approved by Judge Dan Aaron Polster on 2/21/2019.(K,K)
February 21, 2019 Opinion or Order Order [non-document] granting Motions for appearance pro hac vice by attorney Martin E. Beeler, Gabriella B. Zahn-Bielski, and Dianne F. Coffino for Studio Enterprise Manager, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #60 , #61 , #62 ). Approved by Judge Dan Aaron Polster on 2/21/2019.(K,K)
February 21, 2019 Filing 65 Motion to intervene as a party filed by Interested Party HEFCO Meadowbrook LLC. (Attachments: #1 Exhibit A - Proposed Order to Intervene, #2 Exhibit B - Motion for Limited Relief from Order Appointing Receiver)(Sharkey, Daniel)
February 21, 2019 Filing 64 Renewed Request/Motion for Status Conference to Address Unpaid Student Stipends filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #50 . (Gurbst, Richard)
February 21, 2019 Filing 63 Motion for attorney Aaron S. Applebaum to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9158728, filed by Intervenor Benefit Administrative Systems, LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificate of Service)(Pangrace, Nathan - signature by Aaron Applebaum)
February 21, 2019 Filing 62 Motion for attorney Dianne F. Coffino to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9158313, filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Affidavit)(Gibbons, M.)
February 21, 2019 Filing 61 Motion for attorney Gabriella B. Zahn-Bielski to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9158286, filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Affidavit)(Gibbons, M.)
February 21, 2019 Filing 60 Motion for attorney Martin E. Beeler to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9158162, filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Affidavit)(Gibbons, M.)
February 20, 2019 Filing 59 Emergency Motion to intervene as a party And Emergency Motion To Expedite Decision To Assume Or Reject Lease filed by Intervenor Tech Park 6, LLC. (Attachments: #1 Memorandum In Support, #2 Declaration of Kimberly D. Kanen in Support of Motion, #3 Exhibit A to Declaration - Lease, #4 Exhibit B to Declaration - Notice Of Nonpayment, #5 Exhibit C to Declaration - Letter From Receiver, #6 Proposed Order)(Chesley, Richard). Added Motion Emergency Motion To Expedite Decision To Assume Or Reject Lease on 2/21/2019 (L,Ja).
February 20, 2019 Filing 58 Attorney Appearance by M. Colette Gibbons filed by on behalf of Studio Enterprise Manager, LLC. (Gibbons, M.)
February 20, 2019 Filing 57 Attorney Appearance by Charles A. Nemer filed by on behalf of DCEH Education Holdings, LLC, Mark E. Dottore. (Nemer, Charles)
February 20, 2019 Filing 56 Motion Seeking Timely Payment of Rent and Motion Granting Relief from Stay with memorandum in support filed by Plaintiff/Intervenor The Buncher Company. (Attachments: #1 Proposed Order, #2 Exhibit B - Lease Agreement, #3 Exhibit C - Statement of Account)(Roach, Jared). Added Motion Seeking Timely Payment of Rent on 2/20/2019 (L,Ja).
February 19, 2019 Opinion or Order Order [non-document] granting Hemingway at Richmond, LLC's Motion to intervene as a party. (Related Doc #45 ). Magistrate Judge Thomas M. Parker on 2/19/2019.(D,JJ)
February 19, 2019 Opinion or Order Order [non-document] granting Historic Berriman-Morgan, LLC's Motion to intervene as a party. (Related Doc #43 ). Magistrate Judge Thomas M. Parker on 2/19/2019.(D,JJ)
February 19, 2019 Opinion or Order Order [non-document] granting Studio Enterprise Manager, LLC's Motion to intervene as a party. (Related Doc #42 ). Magistrate Judge Thomas M. Parker on 2/19/2019.(D,JJ)
February 19, 2019 Opinion or Order Order [non-document] granting The Buncher Company's Motion to intervene as a party. (Related Doc #40 ). Magistrate Judge Thomas M. Parker on 2/19/2019. (D,JJ)
February 19, 2019 Remark by Finance. Funds in the amount of $120.00 refunded on 2/19/19 for receipt #0647-9139059. (S,NM)
February 19, 2019 Filing 55 Report of Special Master report on the payment of student stipends filed by Mark E. Dottore. (Whitmer, Mary)
February 15, 2019 Filing 54 Motion to vacate the Injunction and Receiver Order or, in the alternative, Motion to Modify the Scope of the Receiver Order and Injunction filed by Interested Party 3601 Sunflower LLC. Related document(s) #8 . (Attachments: #1 Brief in Support of Motion to Vacate)(Stavole, William). AddedMotion to Modify the Scope of the Receiver Order and Injunction 2/19/2019 (L,Ja).
February 15, 2019 Filing 53 Attorney Appearance by William J. Stavole and Frederick D. Cruz filed by on behalf of 3601 Sunflower LLC. (Stavole, William)
February 15, 2019 Filing 52 Attorney Appearance by Craig S. Ganz filed by on behalf of Store SPE 1200 Lincoln, LLC. (Ganz, Craig)
February 14, 2019 Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: double charged filing fee. Receipt #: 0647-9139059 44113, filed by Flagler Master Fund SPC Ltd.. Related document(s) #38 . (Lipps, Jeffrey)
February 14, 2019 Filing 51 Attorney Appearance Notice of Appearance and Request for Notices on Behalf of Hemingway at Richmond, LLC by Douglas M. Eppler filed by on behalf of Hemingway at Richmond, LLC. (Eppler, Douglas)
February 13, 2019 Opinion or Order Filing 50 Order denying Intervening Plaintiffs, Emmanuel Dunagan, Jessica Muscari, Robert J. Infusino and Stephanie Porreca's Emergency Motion for status conference and production of records. The court hereby ORDERS the Receiver, Mark E. Dottore, to provide a status report on or before February 19, 2019 regarding the student loan stipends and/or the steps being taken to distribute the stipends. (Related Doc #48 ). Magistrate Judge Thomas M. Parker on 2/13/2019. (D,JJ)
February 13, 2019 Opinion or Order Filing 49 Order granting #35 Unopposed Motion to intervene as a party by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Magistrate Judge Thomas M. Parker on 2/13/2019. (D,JJ)
February 12, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Craig S. Ganz for Store SPE 1200 Lincoln, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #41 ) Approved by Judge Dan Aaron Polster on 2/12/2019.(K,K)
February 12, 2019 Filing 48 Emergency Motion for conference/hearing : for Status Conference & Production of Records to Address Loss of Students' Funds filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Exhibit A - Letter from the Receiver to the Department of Education)(Gurbst, Richard)
February 12, 2019 Filing 47 Motion for Limited Relief from Stay Provisions of Order Appointing Receiver filed by Intervenor Hemingway at Richmond, LLC. Related document(s) #8 . (Attachments: #1 Exhibit A (Complaint in Forcible Entry and Detainer) to Motion for Limited Relief from Stay Provisions of Order Appointing Receiver, #2 Affidavit of Maura Maresh in Support of Motion of Hemingway at Richmond, LLC for Limited Relief from Stay Provisions of Order Appointing Receiver, #3 Exhibit A to Affidavit - Lease Agreement, #4 Exhibit B to Affidavit - Assignment and Assumption of Lease and Guaranty and Release, #5 Exhibit C to Affidavit - Commencement Date Agreement, #6 Exhibit D to Affidavit - Notice of Default, #7 Exhibit E to Affidavit - Notice to Leave Premises, #8 Exhibit F to Affidavit - December 7, 2018 Email, #9 Exhibit G to Affidavit - Addendum to Temporary Provisional Program Participation Agreements for Institutions Owned by Dream Center Educational Holdings, LLC, #10 Exhibit H to Affidavit - Hemingway's Detailed Aging Receivable Report)(Roessler, Kirk)
February 12, 2019 Filing 46 Proposed Order Authorizing Hemingway at Richmond, LLC to Intervene filed by Hemingway at Richmond, LLC. Related document(s) #45 . (Roessler, Kirk)
February 12, 2019 Filing 45 Motion to intervene as a party Motion of Hemingway at Richmond, LLC to Intervene filed by Intervenor Hemingway at Richmond, LLC. (Attachments: #1 Exhibit A - Complaint in Forcible Entry and Detainer)(Roessler, Kirk)
February 12, 2019 Filing 44 Attorney Appearance Notice of Appearance and Request for Notices on Behalf of Hemingway at Richmond, LLC by Kirk W. Roessler filed by on behalf of Hemingway at Richmond, LLC. (Roessler, Kirk)
February 12, 2019 Filing 43 Motion to intervene as a party filed by Intervenor Historic Berriman-Morgan, LLC. (Attachments: #1 Exhibit A - Leases, #2 Proposed Order)(Bennett, Daniel)
February 12, 2019 Filing 42 Motion to intervene as a party filed by Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Memorandum in Support of Studio Enterprise Manager, LLC's Motion to Intervene, #2 Proposed Order)(Opincar, Scott)
February 11, 2019 Filing 41 Motion for attorney Craig S. Ganz to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660111668, filed by Interested Party Store SPE 1200 Lincoln, LLC. (W,CM) (Additional attachment(s) added on 2/12/2019: #1 Affidavit in Support of Motion to Appear Pro Hac Vice) (W,CM).
February 11, 2019 Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. At the request of the receiver, the court conducted an ex parte telephone conference on 2/11/2019 with the receiver, Mark Dottore, and his attorneys, Mary Whitmer and James Ehrman. Attorney Robert Glickman also participated in the telephone conference. The court discussed various steps being taken in furtherance of the receiver's duties and pursuant to the order appointing receiver. (Court Reporter: N/A.) (D,JJ)
February 11, 2019 Filing 40 Motion to intervene as a party filed by Interested Party The Buncher Company. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Complaint, #3 Exhibit C - Motion for Relief)(Roach, Jared)
February 8, 2019 Filing 39 Attorney Appearance by Daniel N. Sharkey filed by on behalf of HEFCO Meadowbrook LLC. (Sharkey, Daniel)
February 8, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Gary S. Lee for Flagler Master Fund SPC Ltd.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #38 ). Approved by Judge Dan Aaron Polster on 2/8/2019.(K,K)
February 8, 2019 Filing 38 Motion for attorney Gary S. Lee to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9139094, with Affidavit filed by Intervenor Flagler Master Fund SPC Ltd.. (Attachments: #1 Exhibit B - Proposed Order)(Lipps, Jeffrey)
February 8, 2019 Opinion or Order Filing 37 Order granting #21 Application to retain Diamond McCarthy as attorneys for the receiver in California filed by Receiver Mark E. Dottore. The Receiver is authorized to retain and employ Diamond as his attorneys in this case, effective as of the date of the application, to represent the receivership estate in matters residing in California and contiguous states where the lawyers are licensed. Diamond may also be asked to represent the Receiver in new filed litigation, if any. Within 14 days of this order, the Receiver shall submit to the court a report listing any currently anticipated need for additional outside counsel. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 2/8/2019. (D,JJ)
February 8, 2019 Filing 36 Attorney Appearance by Jeffrey M. Levinson filed by on behalf of AI Philadelphia Limited Partnership. (Levinson, Jeffrey)
February 6, 2019 Filing 35 Unopposed Motion to intervene as a party by Student Intervenors, The Dunagan Plaintiffs filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Memorandum in Support, #2 Exhibit A-Complaint, #3 Exhibit B-Third Annual Report, #4 Proposed Order)(Gurbst, Richard)
February 6, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Alexander S. Elson for Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, and Stephanie Porreca. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #34 ). Appproved by Judge Dan Aaron Polster on 2/6/2019.(K,K)
February 6, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by Eric A. Schaffer as to The Buncher Company. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #32 ). Approved by Judge Dan Aaron Polster on 2/6/2019.(K,K)
February 5, 2019 Filing 34 Motion for attorney Alexander S. Elson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9131862, filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Statement of Alex Elson in Support of Motion)(Gurbst, Richard)
February 5, 2019 Filing 33 Attorney Appearance and Request for Notices by Jared S. Roach filed by on behalf of The Buncher Company. (Roach, Jared)
February 5, 2019 Filing 32 Motion for attorney Eric A. Schaffer to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9131553, filed by Creditor The Buncher Company. (Attachments: #1 Exhibit A - Declaration of Eric A. Schaffer)(Roach, Jared)
February 4, 2019 Filing 31 Motion to be included as a Creditor of Western State College of Law at Argosy University, A Subsidary, of Dream Center Education Holdings,LLC and Right to Receive Notices filed by Interested Party Cheyanna Jaffke. (W,CM)
February 4, 2019 Opinion or Order Order [non-document] granting Motions for appearance pro hac vice by attorney Todd M. Goren and James A. Newton for Flagler Master Fund SPC Ltd.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #27 , #28 ). Approved by Judge Dan Aaron Polster on 2/4/2019.(K,K)
February 4, 2019 Opinion or Order Order [non-document] granting Motions for appearance pro hac vice by attorney Carey D. Schreiber and Bartolomeo Pisella for U.S. Bank, National Association. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # #23 , #24 ). Approved by Judge Dan Aaron Polster on 2/4/2019.(K,K)
February 1, 2019 Filing 30 Supplement to Motion for attorney Carey D. Schreiber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9124177, - Declaration of Carey D. Schreiber in Support of Motion for Pro Hac Vice Admission, filed by U.S. Bank, National Association. Related document(s) #23 . (Allerding, John)
February 1, 2019 Filing 29 Supplement to Motion for attorney Bart Pisella to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9124606, - Decalration of Bart Pisella in Support of Motion for Pro Hac Vice Admission, filed by U.S. Bank, National Association. Related document(s) #24 . (Allerding, John)
February 1, 2019 Filing 28 Motion for attorney James A. Newton to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9126511, filed by Intervenor Flagler Master Fund SPC Ltd.. (Attachments: #1 Exhibit A Affidavit of James Newton, #2 Exhibit B Proposed Order)(Beck, David)
February 1, 2019 Filing 27 Motion for attorney Todd M. Goren to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9126472, filed by Intervenor Flagler Master Fund SPC Ltd.. (Attachments: #1 Exhibit A Affidavit of Todd Goren, #2 Exhibit B Proposed Order)(Beck, David)
February 1, 2019 Opinion or Order Filing 26 Order granting Flagler Master Fund SPC and U.S. Bank, National Association's Joint Motion to intervene as a party. (Related Doc #19 ). Magistrate Judge Thomas M. Parker on 2/1/2019.(D,JJ)
January 31, 2019 Filing 25 Amended Attorney Appearance by John C. Allerding filed by on behalf of U.S. Bank, National Association. (Allerding, John)
January 31, 2019 Filing 24 Motion for attorney Bartolomeo Pisella to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9124606, filed by Intervenor U.S. Bank, National Association. (Attachments: #1 Declaration of Bart Pisella, #2 Certificate of Service)(Allerding, John) Modified - Declaration to be refiled with original signatures on 2/1/2019 (O,K).
January 31, 2019 Filing 23 Motion for attorney Carey D. Schreiber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9124177, filed by Intervenor U.S. Bank, National Association. (Attachments: #1 Declaration of Carey D. Schreiber, #2 Certificate of Service)(Allerding, John) Modified - Declaration to be refiled with original signatures on 2/1/2019 (O,K).
January 31, 2019 Filing 22 Proposed Order Application of receiver to retain Diamond McCarthy as attorneys for the receiver in California (Related Documents #21 )(Whitmer, Mary)
January 31, 2019 Filing 21 Motion Application of receiver to retain Diamond McCarthy as attorneys for the receiver in California filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Verified Statement, #2 Exhibit B - Proposed Order)(Whitmer, Mary)
January 31, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Eric J. Rothschild for Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, and for Stephanie Porreca. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #16 ). Magistrate Judge Thomas M. Parker on 1/31/2019.(D,JJ)
January 31, 2019 Filing 20 Attorney Appearance and Request for Service of Pleadings by John C. Allerding filed by on behalf of U.S. Bank, National Association. (Allerding, John)
January 30, 2019 Filing 19 Joint Motion to intervene as a party with memorandum in support attached filed by Flagler Master Fund SPC Ltd., U.S. Bank, National Association. (Attachments: #1 Exhibit A)(Lipps, Jeffrey)
January 30, 2019 Opinion or Order Filing 18 Order referring case to Magistrate Judge Thomas M. Parker for complete case management. Signed by Judge Dan Aaron Polster on 1/30/19. (W,CM)
January 29, 2019 Reassignment of Magistrate Judge per #17 Order. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,TL)
January 29, 2019 Opinion or Order Filing 17 Order. Magistrate Judge David A. Ruiz was randomly assigned as the Magistrate Judge in this case. With the concurrence of Magistrate Judge Thomas M. Parker and the approval of Chief Judge Patricia A. Gaughan, in the event of a referral, this case will be assigned to Magistrate Judge Thomas A. Parker. Chief Judge Patricia A. Gaughan and Magistrate Judge Thomas A. Parker on 01/29/2019. (M,TL)
January 29, 2019 Filing 16 Motion for attorney Eric J. Rothschild to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9118892, filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Signed Statement of Eric Rothschild)(Gurbst, Richard)
January 28, 2019 Filing 15 Attorney Appearance by Richard S. Gurbst filed by on behalf of Emmanuel Dunagan, Jessica Muscari, Robert J. Infusino, Stephanie Porreca. (Attachments: #1 Dunagan Complaint)(Gurbst, Richard)
January 25, 2019 Opinion or Order Filing 14 Order granting Receivers' Motion for order clarifying order appointing receiver (Related Doc #12 ). Approved by Judge Dan Aaron Polster on 1/25/2019.(W,CM)
January 25, 2019 Filing 13 Proposed Order clarifying order appointing reciever filed by Mark E. Dottore. Related document(s) #12 . (Whitmer, Mary)
January 25, 2019 Filing 12 Motion OF Mark E. Dottore, receiver for entry of order clarifying order appointing receiver. filed by Receiver Mark E. Dottore. Related document(s) #8 . (Attachments: #1 Exhibit A)(Whitmer, Mary)
January 24, 2019 Opinion or Order Order [non-document] granting Receiver's Motion to retain Whitmer & Ehrman LLC as counsel and McCarthy Lebit Crystal & Liffman Co., LPA as Special Counsel. (Related documents #9 and #10 ). Approved by Judge Dan Aaron Polster on 1/24/2019. (W,CM)
January 24, 2019 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Teleconference held on January 24, 2019. Attending the teleconference were Plaintiff Digital Media Solutions, LLC representative Ryan Foster and AttorneyAudrey K. Bentz; Defendants' representative Randy Barton and Attorney Rob Glickman; Receiver Mark E. Dottore and Attorneys Mary Whitmer and James Ehrman. As a result of discussions, the Court directed the parties to email chambers, no later than 12 noon on Monday, January 28, 2019, a concise, joint report addressing, among other things, the scope of this case and what court involvement is expected. Nothing further was scheduled. (Court Reporter: n/a)Time: 15 minutes. (W,CM)
January 23, 2019 IMPORTANT: Notice [non-document] of Telephone Conference set for 1/24/2019 at 01:45 PM to be held telephonically before Judge Dan Aaron Polster. (W,CM)
January 23, 2019 Filing 11 Oath of Receiver filed by Mark E. Dottore. Related document(s) #8 . (S,SR)
January 23, 2019 Financial Transaction in the amount of $100.00 received from Dottore Companies LLC. Receipt # 14660111154 Related document(s) #8 . (S,SR)
January 21, 2019 Filing 10 Motion for the entry of an order authorizing the Receiver to retain and employ McCarthy Lebit Crystal & Liffman Co., LPA as Special Counsel for the Receiver and notice of deadline for the filing of objections filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Verified Statement, #2 Exhibit B - Proposed Order)(Whitmer, Mary)
January 21, 2019 Filing 9 Motion of the Receiver for the entry of an order authorizing him to retain and employ Whitmer & Ehrman LLC as counsel for the Receiver and notice of deadline for the filing of objections filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Verified Statement, #2 Exhibit B - Proposed Order)(Whitmer, Mary)
January 18, 2019 Opinion or Order Filing 8 Order Appointing Receiver. The Court grants Plaintiff's Emergency Motion for Appointment of Receiver (Related doc #3 ) as set forth in detail herein. Judge Christopher A. Boyko for Judge Dan Aaron Poslter on 1/18/2019.(H,CM)
January 18, 2019 Filing 7 Response to #3 Emergency,Motion for the Appointment of a Receiver, Motion for temporary restraining order and Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit Declaration of Randall Barton)(Glickman, Robert)
January 18, 2019 Filing 6 Answer to #1 Complaint,, filed by Argosy Education Group, LLC, DCEH Education Holdings, LLC, South University of Ohio, LLC. (Glickman, Robert)
January 18, 2019 Filing 5 Attorney Appearance by Robert T. Glickman , Robert R. Kracht, Hugh D. Berkson and Nicholas R. Oleski filed by on behalf of Argosy Education Group, LLC, DCEH Education Holdings, LLC, South University of Ohio, LLC. (Glickman, Robert)
January 18, 2019 Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Argosy Education Group, LLC, DCEH Education Holdings, LLC, South University of Ohio, LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Consent Form) (B,R)
January 18, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (B,R)
January 18, 2019 Judge Dan Aaron Polster assigned to case, (B,R)
January 18, 2019 Filing 3 Emergency ,Motion for the Appointment of a Receiver, Motion for temporary restraining order and Motion for Preliminary Injunction filed by Plaintiff Digital Media Solutions, LLC. (Attachments: #1 Proposed Order Exhibit A)(Bentz, Audrey). Added Motion events for preliminary injunction and Appointment of Receiver 1/18/2019 (B,R).
January 18, 2019 Filing 2 Corporate Disclosure Statement filed by Digital Media Solutions, LLC. (Bentz, Audrey)
January 18, 2019 Filing 1 Complaint against Argosy Education Group, LLC, DCEH Education Holdings, LLC, South University of Ohio, LLC. Filing fee paid $ 400, Receipt number 0647-9102830.. Filed by Digital Media Solutions, LLC. (Attachments: #1 Exhibit A: DoublePositive Online Marketing Agreement for EDMC Institutions, #2 Civil Cover Sheet , #3 Summons Argosy Education Group, LLC, #4 Summons DCEH Education Holdings, LLC, #5 Summons South University of Ohio, LLC, #6 Summons South University of Ohio, LLC) (Bentz, Audrey)

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Search for this case: Digital Media Solutions, LLC v. South University of Ohio, LLC et al
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Defendant: South University of Ohio, LLC
Represented By: Nicholas R. Oleski
Represented By: Robert R. Kracht
Represented By: Hugh D. Berkson
Represented By: Robert T. Glickman
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Defendant: DCEH Education Holdings, LLC
Represented By: Nicholas R. Oleski
Represented By: Robert R. Kracht
Represented By: Hugh D. Berkson
Represented By: Robert T. Glickman
Represented By: Charles A. Nemer
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Defendant: DC South University of Ohio LLC
Represented By: Nicholas R. Oleski
Represented By: Robert R. Kracht
Represented By: Hugh D. Berkson
Represented By: Robert T. Glickman
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Defendant: Argosy Education Group, LLC
Represented By: Nicholas R. Oleski
Represented By: Robert R. Kracht
Represented By: Hugh D. Berkson
Represented By: Robert T. Glickman
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Plaintiff: Digital Media Solutions, LLC
Represented By: Steven G. Janik
Represented By: Audrey K. Bentz
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Intervenor plaintiff: Buncher Company
Represented By: Jared S. Roach
Represented By: Eric A. Schaffer
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Intervenor plaintiff: Stephanie Porreca
Represented By: Richard S. Gurbst
Represented By: Eleanor M.C. Hagan
Represented By: Eric J. Rothschild
Represented By: Alexander S. Elson
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Intervenor plaintiff: Historic Berriman-Morgan, LLC
Represented By: Daniel J. Bennett
Represented By: Katherine C. Ferguson
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Intervenor plaintiff: Robert J. Infusino
Represented By: Richard S. Gurbst
Represented By: Eleanor M.C. Hagan
Represented By: Eric J. Rothschild
Represented By: Alexander S. Elson
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Intervenor plaintiff: Hemingway at Richmond, LLC
Represented By: Kirk W. Roessler
Represented By: Douglas M. Eppler
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Intervenor plaintiff: Studio Enterprise Manager, LLC
Represented By: Gabriella B. Zahn-Bielski
Represented By: Scott N. Opincar
Represented By: M. Colette Gibbons
Represented By: Martin E. Beeler
Represented By: Adam C. Smith
Represented By: Dianne F. Coffino
Represented By: Maria G. Carr
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Intervenor plaintiff: Emmanuel Dunagan
Represented By: Richard S. Gurbst
Represented By: Eleanor M.C. Hagan
Represented By: Eric J. Rothschild
Represented By: Alexander S. Elson
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Intervenor plaintiff: Jessica Muscari
Represented By: Richard S. Gurbst
Represented By: Eleanor M.C. Hagan
Represented By: Eric J. Rothschild
Represented By: Alexander S. Elson
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Intervenor plaintiff: Fluorine,LLC
Represented By: Roger M. Synenberg
Represented By: Clare C. Moran
Represented By: Matthew A. Kurz
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Intervenor plaintiff: HGF L.P.
Represented By: Jeffrey C. Toole
Represented By: Theodore M. Dunn, Jr.
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Intervenor plaintiff: Pro Se Marina A. Awed
Represented By: Richard S. Gurbst
Represented By: Eleanor M.C. Hagan
Represented By: Eric J. Rothschild
Represented By: Alexander S. Elson
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Intervenor plaintiff: Dream Center South University, LLC
Represented By: Fridrikh V. Shrayber
Represented By: Helen S. Ward
Represented By: Ingrid A. Bohme
Represented By: Morgan J. Hanson
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Intervenor plaintiff: Nancy Sandoval Bailon
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Intervenor plaintiff: Kirstin Klein
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Intervenor plaintiff: Elizabeth Chavis
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Intervenor plaintiff: Steven Finley
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Intervenor plaintiff: Chelsea Krueger
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Intervenor plaintiff: Kimia Davoodi
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Intervenor plaintiff: Michael W. Caldwell
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Intervenor plaintiff: Shane Kennedy
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Intervenor plaintiff: Jonathon Brown
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Intervenor plaintiff: Natalie Sanchez
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Intervenor plaintiff: Amanda Tarby
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Intervenor plaintiff: Alexander Torres
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Intervenor plaintiff: Keith Karnes
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Intervenor plaintiff: Jenna Goodman
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Intervenor plaintiff: Khachatur Ayvazyan
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Intervenor plaintiff: Cesia Alvarez
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Intervenor plaintiff: Diana Torres
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Intervenor plaintiff: Autumn Van Voorhis
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Intervenor plaintiff: Christina Gutierrez
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Intervenor plaintiff: Sandra Davidson
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Intervenor plaintiff: Jessica Yee
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Intervenor plaintiff: Ed Delgado
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Intervenor plaintiff: Ariana Arestegui
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Intervenor plaintiff: Arthur Dermendjian
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Intervenor plaintiff: Demis Camacho
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Intervenor plaintiff: Daisy Mercado
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Intervenor plaintiff: Rachel Zuckowich
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Intervenor plaintiff: Sydney McGregor
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Intervenor plaintiff: Donovan Fleming
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Intervenor plaintiff: Kelsy Fraser
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Intervenor plaintiff: Stephanie Barrera
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Intervenor plaintiff: Milad Alipour
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Intervenor plaintiff: Alina Muradyan
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Intervenor plaintiff: Kevin Rath
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Intervenor plaintiff: Ruby Juarez
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Intervenor plaintiff: Nader Mikhail
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Intervenor plaintiff: Jeff Martin
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Intervenor plaintiff: Kirsten Welch
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Intervenor plaintiff: Orchideh Ghavidel Kalhorani
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Intervenor plaintiff: Gardenia Montero
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Intervenor plaintiff: Ashley Maderos
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Intervenor plaintiff: Emamuel Gipson
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Intervenor plaintiff: Monica Phan
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Intervenor plaintiff: Megan B. Mavis
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Intervenor plaintiff: Celeste Motaghedi
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Intervenor plaintiff: Alleli Carino
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Intervenor plaintiff: Graham Thomas
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Intervenor plaintiff: Vivian S. Kim
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Intervenor plaintiff: Elizabeth Lopez
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Intervenor plaintiff: Erika Cervantes
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Intervenor plaintiff: Jericho Williams
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Intervenor plaintiff: Adam Fayad
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Intervenor plaintiff: Jeffrey Ananias
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Intervenor plaintiff: Katherine Saitz
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Intervenor plaintiff: Anna Trujillo
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Intervenor plaintiff: Viswesh Chandramouli
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Intervenor plaintiff: Erick N. Ha
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Intervenor plaintiff: Yesenia Duenas
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Intervenor plaintiff: Mila Afshar
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Intervenor plaintiff: Jose Michel
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Intervenor plaintiff: Nathalie Gonzalez-Serrano
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Intervenor plaintiff: Brad Johnson
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Intervenor plaintiff: Nawal Atoura
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Intervenor plaintiff: Nicole Solt
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Intervenor plaintiff: Lilit Gasparyan
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Intervenor plaintiff: Sabrina Meng
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Intervenor plaintiff: Eduardo Dominguez
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Intervenor plaintiff: Sanaz Mirza Hosseini
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Intervenor plaintiff: Brianna M. Milligan
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Intervenor plaintiff: Jose Jaime Pedoza
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Intervenor plaintiff: Ryan M. McIntosh
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Intervenor plaintiff: Canon J. Thomas
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Intervenor plaintiff: Jesse Ryan Starnes
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Intervenor plaintiff: Heather Berg
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Intervenor plaintiff: Jennifer Nakamura
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Intervenor plaintiff: Dylan Gunzel
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Intervenor plaintiff: Magaly Rubio
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Intervenor plaintiff: Hannah B. Shupe
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Intervenor plaintiff: Samantha Leong
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Intervenor plaintiff: Rachel Kennel
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Intervenor plaintiff: Prudential Insurance Company of America
Represented By: Brian Douglas Sullivan
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Intervenor plaintiff: Kendrick Harrison
Represented By: Richard S. Gurbst
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Intervenor plaintiff: Jayne Kenney
Represented By: Richard S. Gurbst
Represented By: Eleanor M.C. Hagan
Represented By: Eric J. Rothschild
Represented By: Alexander S. Elson
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Intervenor plaintiff: Atena Life Insurance Company
Represented By: Branden P. Moore
Represented By: Aaron G. McCollough
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Intervenor plaintiff: Save the Art Institute of Las Vegas Limited
Represented By: Anthony J. Long
Represented By: Gwen R. Mullins
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Intervenor plaintiff: Karen Chapman
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Intervenor plaintiff: Debbie Baskerville
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Intervenor plaintiff: Rebecca Kelley
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Intervenor plaintiff: Management Services Group, Inc.
Represented By: Jeremy K. Knaebel
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Intervenor plaintiff: State of Nevada Commission on Postsecondary Education
Represented By: Robert A. Whitney
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Intervenor: Benefit Administrative Systems, LLC
Represented By: Aaron S. Applebaum
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Intervenor: Thomas J Perrelli
Represented By: Brian Hauck
Represented By: Grant J. Keating
Represented By: Richard N. Selby, II
Represented By: Thomas J. Perrelli
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Intervenor: U.S. Bank, National Association
Represented By: Carey D. Schreiber
Represented By: John C. Allerding
Represented By: Bartolomeo Pisella
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Intervenor: Flagler Master Fund SPC Ltd.
Represented By: James A. Newton
Represented By: Todd M. Goren
Represented By: Jennifer A.L. Battle
Represented By: Gary S. Lee
Represented By: Jeffrey A. Lipps
Represented By: David A. Beck
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Intervenor: Tech Park 6, LLC
Represented By: Richard A. Chesley
Represented By: Joshua D. Morse
Represented By: Jade M. Williams
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Intervenor: Middle States Commission on Higher Education
Represented By: Adam C. Ballinger
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Intervenor: Hartford Fire Insurance Company
Represented By: Brian Douglas Sullivan
Represented By: Mark G. Ledwin
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Intervenor: CSU Fullerton Auxiliary Services Corporation
Represented By: Joseph N. Cindric
Represented By: Todd C. Hicks
Represented By: Leo M. Spellacy, Jr.
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Intervenor: Journeyed.com, Inc.
Represented By: John D. Sayre
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Intervenor: Sarah Watts
Represented By: Richard S. Gurbst
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Intervenor: Kimberly Milbrandt
Represented By: Richard S. Gurbst
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Intervenor: Ashley York
Represented By: Richard S. Gurbst
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Intervenor: Brandy Chandler
Represented By: Richard S. Gurbst
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Interested party: HEFCO Meadowbrook LLC
Represented By: Daniel N. Sharkey
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Interested party: Store SPE 1200 Lincoln, LLC
Represented By: Craig S. Ganz
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Interested party: 3601 Sunflower LLC
Represented By: Frederick D. Cruz
Represented By: William J. Stavole
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Interested party: AI Philadelphia Limited Partnership
Represented By: Jeffrey M. Levinson
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Interested party: Cheyanna Jaffke
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Interested party: Marina Awed
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Interested party: 2323 Elliott Avenue, LLC
Represented By: Myron N. Terlecky
Represented By: John W. Kennedy
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Interested party: United States
Represented By: Ruth A. Harvey
Represented By: Jonathan E. Jacobson
Represented By: Lloyd Randolph
Represented By: Lloyd H. Randolph
Represented By: Danielle A. Pham
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Interested party: Allen K. Easley
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Interested party: Gregory L. Bentley
Represented By: Gregory L. Bentley
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Interested party: William D. Shapiro
Represented By: William D. Shapiro
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Interested party: Joseph D. Harbaugh
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Interested party: Jamienne S. Studley
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Interested party: Minnesota Office of Higher Education
Represented By: Ian M. Welsh
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Interested party: CAZ 1 DE LLC
Represented By: Dean J. Formanek
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Not yet classified: Mark E. Dottore
Represented By: Nicholas R. Oleski
Represented By: Robert R. Kracht
Represented By: James W. Ehrman
Represented By: Charles A. Nemer
Represented By: Robert T. Glickman
Represented By: Robert M. Stefancin
Represented By: Mary K. Whitmer
Represented By: Hugh D. Berkson
Represented By: Mark E. Dottore
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Petitioner: Douglas Emmett 2010, llc
Represented By: Peter Turner
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