Digital Media Solutions, LLC v. South University of Ohio, LLC et al
| Digital Media Solutions, LLC |
| South University of Ohio, LLC, DCEH Education Holdings, LLC, DC South University of Ohio LLC, Argosy Education Group, LLC, South University of Ohio, LLC also known as DC South University of Ohio LLC doing business as South University and Infor (US), Inc. |
| Douglas Emmett 2010, llc |
| Mark A. Kompa and FSP Pacific Center LLC |
| 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, Minnesota Office of Higher Education, Save the Art Institute of Las Vegas Limited, Karen Chapman, Debbie Baskerville, Rebecca Kelley, Management Services Group, Inc., State of Nevada Commission on Postsecondary Education, Management Services Group, Inc. doing business as Marketing Support Network, Middle States Commission on Higher Education doing business as Mid-Atlantic Region Commission on Higher Education, Inc., Marina A. Awed, Adam Lorey and Matthew W. Barnett |
| 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 |
| HEFCO Meadowbrook LLC, Store SPE 1200 Lincoln, LLC, 3601 Sunflower LLC, AI Philadelphia Limited Partnership, Cheyanna Jaffke, Marina Awed, 2323 Elliott Avenue, LLC, Allen K. Easley, Gregory L. Bentley, William D. Shapiro, Joseph D. Harbaugh, Jamienne S. Studley, CAZ 1 DE LLC, Alexandru Simon, Didumu O. Akway, Megan Tuyls, National Student Legal Defense Network, William J Ramsey, California Department of Consumer Affairs, Michelle Vietmeier, State of Illinois, Administration and Staff of the Art Institute of Las Vegas, Daniel Taylor, Timothy E. Kelly, William A. Turbay, Brian Neidlinger, Lisa Mayo DeRiso, Richard G. Rock, Bridgette Lynn Davidson, Victoria Rice, Cherisse Hunter-Southern, Tiar Duke, George L. Miller, Trustee, Megan Castillo, Dream Center Foundation and Emma Washington |
| Mark E. Dottore |
| United States |
| 1:2019cv00145 |
| January 18, 2019 |
| US District Court for the Northern District of Ohio |
| Thomas M Parker |
| Dan Aaron Polster |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.
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Filing 797
Status Report (42nd) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 796
Order denying Intervenors' #795 Motion to Withdraw Intervention. For the reasons stated in this Order, the motion is DENIED and the intervening parties and their counsel are required to attend the in-person settlement conference on June 14, 2023. Signed by Judge Dan Aaron Polster on 6/12/2023.(M,CE)
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Filing 795
Motion to Withdraw Intervention filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #49 , #35 . (Hagan, Eleanor)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Todd M. Weiss for State of Nevada Commission on Postsecondary Education. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Approved by Judge Dan Aaron Polster on 6/6/2023. (Related Doc #794 )(M,CE)
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Filing 794
Motion for attorney Todd M. Weiss to Appear Pro Hac Vice. Filing fee $ 120, receipt number 145764, filed by Plaintiff/Intervenor State of Nevada Commission on Postsecondary Education. (Attachments: #1 Exhibit A - Declaration of Todd M. Weiss, #2 Exhibit B - Proposed Order, #3 Certificate of Good Standing, #4 Envelope) (Mc,K)
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Filing 793
Status Report (41st) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Order [non-document]: The Court has scheduled a settlement conference for June 14, 2023 at 1:00 p.m. One of the attendees has requested that counsel and a representative for the Higher Learning Commission ("HLC") also attend. Upon due consideration, the Court hereby orders that, if HLC is named as a party in Dunagan v. Ill. Inst. of Art, No. 19-cv-0809 (N.D. Ill. removed Feb. 7, 2019), the Court will require lead counsel for HLC and a client representative with full authority to attend the June 14th settlement conference. If HLC is not a named party to that related lawsuit, the Court will not require its attendance. IT IS SO ORDERED. Signed by Judge Dan Aaron Polster on 5/17/2023. (R,AP)
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Filing 792
Status Report (40th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 791
Order: Settlement Conference set for 6/14/2023 at 01:00 PM in Courtroom 18B before Judge Dan Aaron Polster. All counsel are required to submit position papers to the Court on or before 12:00 p.m. on June 9, 2023. Position papers should indicate the most recent demand from the Dunagan Group and most recent offers from the Receiver, the Officers and Directors, and the insurance carriers. The position papers should also explain any issues, which have kept the parties from resolving their claims. Position papers must be e- mailed to Judge Polster's law clerk at carrie_roush@ohnd.uscourts.gov. IT IS SO ORDERED. Signed by Judge Dan Aaron Polster on 5/5/2023. (R,AP)
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Filing Error - Notice [non-document] of Telephone Conference set for 4/18/2023 at 04:00 PM before Judge Dan Aaron Polster. (K,K)
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Filing 790
Status Report (39th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 789
Status Report (38th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 788
True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's order approving the settlement and entering the Bar Order and Remand for further proceedings re #761 Notice of Appeal (USCA# 21-4014). Date issued as mandate 3/1/23; Costs: None (H,SP)
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Filing 787
Status Report (37th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 786
Information Copy of opinion from USCA for the Sixth Circuit: Reversing the District Court's order approving the settlement and entering the Bar Order and Remand for proceedings consistent with this opinion re #761 Notice of Appeal (USCA# 21-4014). This is not a mandate order. Circuit Judges: Gibbons, Rogers, and Murphy. Date issued by USCA 2/7/23. (Attachments: #1 Judgment) (H,SP)
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Filing 785
Status Report (36th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 784
Status Report (35th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 783
Status Report (34th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 782
Status Report (33rd) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 781
Status Report (32nd) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 780
Status Report (31st) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 779
Address Change Notice by Eric J. Rothschild filed by on behalf of Emmanuel Dunagan. (Rothschild, Eric)
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Filing 778
Status Report (30th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 777
Order Approving the Commutation and Release Agreement. (Related Doc #776 ). Signed by Judge Dan Aaron Polster on 7/1/2022.(K,K)
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Filing 776
Joint Motion for Order Approving the Commutation and Release Agreement, filed by Receiver Mark Dottore. (Attachments: #1 Exhibit A - Commutation and Release Agreement, #2 Agreed Order Concerning Commutation and Release Agreement). (Nemer, Charles)
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Filing 775
Status Report (29th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 774
Monthly Status Report (28th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 773
Monthly Status Report (27th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 772
Monthly Status Report (26th) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Cash Flow, #4 Exhibit D - Monthly Receipts and Disbursements - Check Register)Related document(s) #505 .(Whitmer, Mary)
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Filing 771
Order granting Receiver's Motion for an Order Authorizing the Receiver to Enter Into Compromise Regarding Certain Institutional Loan Debt and to Take Certain Other Actions Related Thereto (Related Doc #769 ). Counsel is advised to read the Order in full. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/27/2022.(K,K)
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Filing 770
Notice of Service of Motion for Entry of Order Authorizing the Receiver to Enter Into Compromise Regarding Certain Institutional Loan Debt and to Take Certain Other Actions Related Thereto filed by Mark Dottore. (Attachments: #1 Exhibit A - Notice List)Related document(s) #769 .(Whitmer, Mary)
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Filing 769
Motion for an Order Authorizing the Receiver to Enter Into Compromise Regarding Certain Institutional Loan Debt and to Take Certain Other Actions Related Thereto filed by Receiver Mark Dottore. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Specified Campuses)(Whitmer, Mary)
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Order [non-document] In response to the letter filed by Victoria Rice [ECF Doc. #768 ], the Court responded: In October 2021, the court issued a series of orders which, if enforced, would bring assets into the receivership and create a litigation trust for submission of claims. Several former students have appealed the Court's orders (See ECF Doc. #761 ). Until the Sixth Circuit decides the appeal, there will not be much further information to provide in terms of an update. However, you may review the receiver's latest status report [ECF Doc. #766 ] or contact the receiver's attorney. Entered on behalf of Judge Dan Aaron Polster on 3/11/2022. (K,K)
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Filing 768
Letter filed by Victoria Rice. (Attachments: #1 Envelope)(I,RA)
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Order [non-document] The receiver's #767 motion to supplement Correction of Record is hereby granted. The district court had the substantive portions of the documents which are now being supplemented for the record on appeal. Entered on behalf of Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 2/28/2022.(K,K)
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Filing 767
Motion to supplement Correction of Record filed by Receiver Mark Dottore. Related document(s) #742 . (Attachments: #1 Exhibit 09a National Union Primary Policy, #2 Exhibit 10a Side-A Policy)(Berkson, Hugh)
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Filing 766
Status Report (Twenty-Fifth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 765
Status Report (Twenty-Fourth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 764
Status Report (Twenty-Third) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 763
Returned Mail addressed to Party William J Ramsey. Return to sender. Re-mailed to new address on returned envelope. Related document(s) #761 . (L,Br)
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Filing 762
Status Report (Twenty-Second) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #761 Notice of Appeal (USCA# 21-4014). Date filed in USCA 11/2/21 (H,SP)
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Filing 761
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #749 Minutes Order, #760 Order, #715 Order, #757 Order, #758 Order, #701 Order, filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. (Filing fee $505, receipt number AOHNDC-11102413) (Hagan, Eleanor)
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Filing 760
Order Approving Insurance Litigation Trust. It is Ordered that 1) The Trust is hereby is approved in the form set forth in ECF Doc. #756 -2; and the receiver is directed to execute the same and to issue the notice contemplated in the Trust. 2. The Amended Bar Order as contemporaneously adopted by this court (ECF Doc. #758 ) is applicable to all other documents and if there is a conflict between any documents or orders of this court, including without limitation the Amended Bar Order, the Amended Bar Order shall prevail. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 10/20/2021. (K,K)
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Filing 759
Order Approving Payment of Medical Expenses. As further stated in the order, the Court approves the method and amount of payment of the unpaid medical claims proposed by the receiver in ECF Doc. #721 -4. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 10/20/2021. (K,K)
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Filing 758
Order (1) Approving Global Settlement Agreement; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims. As further explained in the order, the receiver's motion to approve insurance settlement and bar order is granted. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 10/20/2021. (K,K)
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Filing 757
Order on Objections to Receiver's Settlement with Insurance Carrier. The court finds the objections filed by the Dunagan Intervenors (ECF Doc. #692 , ECF Doc. #729 ) to be not well taken and overrules the same. Likewise, the court finds the objections filed by former EDMC students Victoria Rice (ECF Doc. 726), Megan Castillo (ECF Doc. #727 ) and Cherisse Hunter-Southern (ECF Doc. #728 ) to be not well taken and overrules the same. The court will rule on the motion to approve the settlement in a separate order. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 10/20/2021. (K,K)
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Filing 756
Reply of Mark E. Dottore, Receiver to Response By Dunagan Intervenors Dkt. No. #755 and In Support of Motion for Expedited Approval of the DCEH Insurance Litigation Trust Agreement Dkt. No. #752 filed by Mark Dottore. Related document(s) #755 . (Attachments: #1 Exhibit A - Litigation Trust Agreement (Redlined), #2 Exhibit B - Litigation Trust Agreement (Redlined Accepted), #3 Exhibit C - Proposed Order) (Whitmer, Mary)
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Filing 755
Response to Proposed Litigation Trust filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #752 . (Attachments: #1 Exhibit A - 8/18/21 Trust Response (Hearing Transcript)) (Hagan, Eleanor)
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Filing 754
Status Report (Twenty-First) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 753
Request for a Briefing Schedule on the Receiver's Notice of Filing of DCEH Insurance Litigation Trust Agreement and Motion for Expedited Approval filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #752 . (Hagan, Eleanor)
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Order [non-document] The Dunagan Intervenors' #753 request for a briefing schedule is hereby granted. Any responses to the receiver's Notice of Filing of DCE Insurance Litigation Trust Agreement and Motion for Expedited Approval [ECF Doc. #752 ] will be due on or before September 30, 2021. Replies, if any, must be filed on or before 12:00 p.m. noon on October 8, 2021. Entered on behalf of Judge Dan Aaron Polster on 9/17/2021. (K,K)
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Filing 752
Notice of Filing of DCE Insurance Litigation Trust Agreement and Motion for Expedited Approval filed by Mark Dottore. (Attachments: #1 Exhibit A - DCEH Insurance Litigation Trust Agreement)(Whitmer, Mary)
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Filing 751
Transcript of Hearing held on August 18, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at smpreporter@sbcglobal.net or 216-357-7106. [50 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 8/31/2021. Redaction Request due 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (P,Sh)
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Filing 750
Status Report (Twentieth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 749
Minutes Order On August 18, 2021, the court conducted a Zoom hearing on the objections to the receiver's motion for approval of amended settlement agreement. ECF Doc. #721 . As indicated during the hearing, the Court intends to exercise its broad equitable authority to approve the receiver's amended motion. Despite the concerns raised by the Dunagan intervenors, the receivers proposed settlement agreement, which is dependent on the Court issuing a bar order, will provide relief for many individuals who may otherwise not receive any. The court will address the Dunagan intervenors' objection in a separate order. As stated during the hearing, upon issuance of the order approving settlement agreement, the Court will require the immediate wind-down of the receivership and the establishment of the litigation trust. To that end, the Court orders the receiver to submit for review a proposed order establishing the litigation trust. Consistent with receiver's counsel's representations during the hearing, the litigation trust must provide an appropriate forum for the Dunagan intervenors to litigate their claims. The Court will hold the receiver's amended motion for an order approving global settlement (ECF Doc. #721 ) in abeyance until the receiver has submitted the proposed order establishing the litigation trust. The Court anticipates that both orders will be issued at the same time. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/18/2021. (Court Reporter: Shirle Perkins.Time: 1 hour.) (K,K)
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Filing 748
Expedited Non-Appeal Transcript Order Form for proceedings held on 08/18/2021 before Judge Dan Aaron Polster, Court Reporter: Shirle Perkins. Requested completion date: 08/19/2021 filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. (Hagan, Eleanor)
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Filing 747
Response to #721 Amended Motion an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect For Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring an Statement of Interest Concerning Intervenors Objections filed by United States. (Attachments: #1 Exhibit A - Declaration of Michael Frola)(Kresse, John)
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Filing 746
Reply in Support of Their Objections to the Receiver's Amended Motion for Approval of Settlement and Bar Order filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #730 , #732 , #733 , #734 , #731 , #729 . (Attachments: #1 Exh. A - 2021.08.05 [Dkt. 155 - Order Denying RIchardson-Murphy MTD & Granting Motion to Comple & Fees], #2 Exh. B - 2008.01.22 [Dkt 337 Receiver Motion for Settlement Approval], #3 Exh. C - Sanchez USG Statement of Interest (SDNY 2015), #4 Exh. D - 2020.01.06 [Dkt. 68 - Order Denying DCF MTD]) (Hagan, Eleanor)
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Filing 745
Opposition to Joinder, and In Support of their Objections, to the Receiver's Amended Settlement Motion and Bar Order filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Ex. A - DCF Brief - Org Chart) (Hagan, Eleanor)
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Filing 744
Submission of Corrected Exhibits for Declaration filed by Mark Dottore. Related document(s) #742 . (Attachments: #1 Exhibit 9b - National Union Primary Policy Extension, #2 Exhibit 10B - Side-A Policy Extension)(Berkson, Hugh)
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Order [non-document] granting Intervenors' #743 Motion for extension of one day extension until August 13, 2021 at noon to submit reply in support objections to settlement motion and amended settlement motion. No further extensions will be granted. Entered on behalf of Judge Dan Aaron Polster on 8/11/2021.(K,K)
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Filing 743
Motion for extension of one day extension until August 13, 2021 to submit reply in support objections to settlement motion and amended settlement motion filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #722 . (Hagan, Eleanor)
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Filing 742
Declaration in Support of Settlement Motion filed by Mark Dottore. (Attachments: #1 Exhibit 01-Settlement Agreement, #2 Exhibit 02- Medical Payment Plan, #3 Exhibit 03a - Initial Receiver Order, #4 Exhibit 03b - Receiver Clarifying Order, #5 Exhibit 03c - Amended Receiver Order, #6 Exhibit 04 - Receiver Status Report, #7 Exhibit 05 - Infusino v. DeVos Complaint, #8 Exhibit 06 - Infusino Dismissal, #9 Exhibit 07 - Dunagan Third Amended Complaint, #10 Exhibit 08 - 1 25 19 Letter, #11 Exhibit 09a - National Union Primary Policy, #12 Exhibit 09b - National Union Primary Policy Extension (Blank Document), #13 Exhibit 10a - Side-A Policy, #14 Exhibit 10b - Side-A Policy Extension (Blank Document), #15 Exhibit 11 - Dunagan Affidavit, #16 Exhibit 12 - Infusino Affidavit, #17 Exhibit 13 - Porreca Affidavit, #18 Exhibit 14 - Muscari Affidavit) (Berkson, Hugh) Modified text on 8/11/2021 (S,SR).
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Filing 741
Status Report (Nineteenth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Order [non-document] hranting Interested Party Dream Center Foundation's #739 Motion for joinder in Receiver's Amended Settlement Motion and Response to Intervenors' Emmanual Dunagan, Jessica Muscari, Robert J. Infusino, and Stephanie Porreca's Objections to the Receiver's Amended Settlement Motion. Approved by Judge Dan Aaron Polster on 8/2/2021.(K,K)
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Order [non-document] granting Receiver's Motion for an Order Approving Receiver's Motion to Substitute Exhibits in His Amended Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties From Asserting Certain Claims [Docket No. #721 ]. (Related Doc #735 ). Approved by Judge Dan Aaron Polster on 7/30/2021.(K,K)
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Filing 740
Supplement to Motion for joinder filed by Dream Center Foundation. Related document(s) #739 . (Attachments: #1 Exhibit Notice of Order Appointing Receiver Pursuant to 28 U.S. C. 754)(Margulies, Craig)
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Filing 739
Motion for joinder in Receiver's Amended Settlement Motion and Response to Intervenors' Emmanual Dunagan, Jessica Muscari, Robert J. Infusino, and Stephanie Porreca's Objections to the Receiver's Amended Settlement Motion filed by Interested Party Dream Center Foundation. (Margulies, Craig)
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Filing 738
Response to #721 Amended Motion an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect For Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring an filed by Mark Dottore. (Berkson, Hugh)
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Filing 737
Response to the Objection of Intervenors Emmanuel Dunagan, Jessica Muscari, Robert J. Infusino and Stephanie Porreca to the Receiver's Amended Motion for Approval of Settlement and Bar Order filed by Mark Dottore. Related document(s) #729 . (Attachments: #1 Exhibit A - Information from website of National Student Legal Defense Network, #2 Exhibit B - Additional Information from website of National Student Legal Defense Network, #3 Exhibit C - Complaint, Infusino v. DeVos, Case No. 19-3162, US District Court for the District of Columbia, #4 Exhibit D - Stipulation of Dismissal, Infusino v. DeVos [Dkt. No. 12], #5 Exhibit E - Letter dated January 25, 2019, from US Dept. of Justice to Mark E. Dottore, Receiver, #6 Exhibit F - National Union Fire Insurance Co. of Pittsburgh, PA, Primary Insurance Policy (in relevant part), #7 Exhibit G - National Union Fire Insurance Co. of Pittsburgh, PA, Excess Insurance Policy) (Whitmer, Mary)
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Filing 736
Notice of Service of Entry of Order [Dkt. No. 722] filed by Mark Dottore. (Attachments: #1 Exhibit A - Notice List)Related document(s) #722 .(Whitmer, Mary)
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Filing 735
Motion for an Order Approving Receiver's Motion to Substitute Exhibits in His Amended Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties From Asserting Certain Claims [Docket No. 721] filed by Receiver Mark Dottore. Related document(s) #721 . (Attachments: #1 Exhibit A - Execution Version of Amended Bar Order with US Revisions, #2 Exhibit B - Redlined Version of Amended Bar Order with US Revisions, #3 Exhibit C - Email to Signators, #4 Exhibit D - Medical Exhibit)(Whitmer, Mary)
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Filing 734
Affidavit/Declaration of Stephanie Porreca in Support of Objection filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #729 , #721 . (Attachments: #1 Ex 1 - Transcript Notification - Unaccredited Status, #2 Ex 2 - 2020.01.07 Porreca Ai Account History, #3 Ex 3 - Cost-of-Attendance-Schaumburg, #4 Ex 4 - 2020.05.27 Porreca -[redacted] Fed Loan Cancellation, #5 Ex 5 - 2019.11.08 Porreca - [redacted] Fed Loan Cancellation, #6 Ex 6 - 2020.08.17 Porreca - Copy of Institutional Loan Refund Check)(Hagan, Eleanor)
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Filing 733
Affidavit/Declaration of Emmanuel Dunagan in Support of Objection filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #729 , #721 . (Attachments: #1 Ex 1 - Dunagan Ai_ACCT_summary, #2 Ex 2 - Cost-of-Attendance-Chicago)(Hagan, Eleanor)
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Filing 732
Affidavit/Declaration of Alexander S. Elson in Support of Objection filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #729 , #721 . (Attachments: #1 Ex. 1 -2021.01.25 [Dkt 106 - Corrected Third Amended Complaint]., #2 Ex. 2 -2021.03.15 Letter to Whitmer and Berkson re discovery requests for Settlement Bar Order objections, #3 Ex. 3 - 2021.03.08 [Dkt 123-1 Exhibits to Chris Richardson's Response to Motion to Compel], #4 Ex. 4 - Tr. of Dep. of C. Richardson pgs. 18-20, #5 Ex. 5 - AIG policy, #6 Ex. 6 - 2018.11 Internal DCEH Email Chain - Restitution)(Hagan, Eleanor)
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Filing 731
Affidavit/Declaration of Jessica Muscari in Support of Objection filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #729 , #721 . (Attachments: #1 Ex 1 - Transcript Notification - Unaccredited Status, #2 Ex 2 - Jessie Muscari - Ledger Card, #3 Ex 3 - Cost-of-Attendance-Chicago, #4 Ex 4 - 2020.06.25 Email from ED re Loan Cancellation)(Hagan, Eleanor)
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Filing 730
Affidavit/Declaration of Robert J. Infusino in Support of Objection filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #721 , #729 . (Attachments: #1 Ex 1 - Transcript Notification - Unaccredited Status, #2 Ex 2 - 2019.01.16 RJ - Redacted Signed External Transfer Form, #3 Ex 3 - 2019.03.13 - [redacted] Email from DCEH to RJ re- tuition grant, #4 Ex 4 - 2019.03.14 RJ Ai Student Account Ledger, #5 Ex 5 - Cost-of-Attendance-Schaumburg, #6 Ex 6 - 2019.11.08 RJ - [redacted] Fed Loan Cancellation)(Hagan, Eleanor)
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Filing 729
Objection to Amended Motion for Approval of Settlement and Bar Order filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #721 . (Hagan, Eleanor)
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Filing 728
Objection filed by Cherisse Hunter-Southern. Related document(s) #721 . (Attachments: #1 Summons on a Third-Party Complaint, #2 2nd Page of Civil Cover Sheet, #3 Certificate of Mailing, #4 Application to Proceed without Pre-Paying Costs, #5 Envelope) (M,MT)
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Filing 727
Objection filed by Megan Castillo. Related document(s) #721 . (Attachments: #1 Summons on a Third-Party Complaint, #2 2nd Page of Civil Cover Sheet, #3 Certificate of Mailing, #4 Application to Proceed without Pre-Paying Costs, #5 Envelope) (M,MT)
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Filing 726
Objection filed by Victoria Rice. Related document(s) #721 . (Attachments: #1 Envelope) (M,MT)
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Filing 725
Status Report (Eighteenth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Distributions, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 724
Status Report (Seventeenth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements)Related document(s) #505 .(Whitmer, Mary)
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Filing 723
Notice of Service of Receiver's First Amended Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties From Asserting Certain Claims and the Original Motion [Dkt. 674] without Exhibits filed by Mark Dottore. (Attachments: #1 Exhibit A - Notice List)Related document(s) #721 .(Whitmer, Mary)
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Filing 722
Order - Objections to #721 Receiver's Amended Motion for an Order Approving Global Settlement and Compromise Among Receiver due at or before 12:00 p.m. on July 8, 2021, responses due at or before 12:00 p.m. on July 29, 2021, replies due at or before 12:00 p.m. on August 12, 2021. If any objections are filed, the Court will conduct a hearing at 12:00 p.m. on August 18, 2021. Judge Dan Aaron Polster on 6/21/21. (P,R)
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Filing 721
Amended Motion an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect For Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties From Asserting Certain Claims filed by Receiver Mark Dottore with brief in support. Related document(s) #674 . (Attachments: #1 Exhibit A - Amended Settlement and Bar Order, #2 Exhibit B - Redlined Version of Amended Settlement and Bar Order, #3 Exhibit C - Settlement Agreement, #4 Exhibit D - Medical Payment Plan, #5 Exhibit E - Proposed Order for the Medical Payment Plan)(Whitmer, Mary)
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Filing 720
Third Motion for extension of time for the Filing of Amendments to the Settlement Agreement with National Union Fire Insurance Company of Pittsburgh, PA and Others until June 18, 2021 filed by Receiver Mark Dottore. Related document(s) #674 . (Whitmer, Mary)
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Order [non-document] granting #720 Receiver's Third Motion for extension of time until June 18, 2021 for the Filing of Amendments to the Settlement Agreement with National Union Fire Insurance Company of Pittsburgh, PA and Others. Judge Dan Aaron Polster on 6/11/21.(P,R)
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Filing 719
Returned Mail addressed to Party Richard G. Rock. Not Deliverable as Addressed, Unable to Forward. Related document(s) #700 . (R,AP)
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Order [non-document]granting Receiver's #718 Motion to Extend Deadline for Filing of Amendments to the Settlement Agreement until June 11, 2021. Entered on behalf of Judge Dan Aaron Polster on 6/7/21.(W,CM)
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Filing 718
Motion for extension of June 4, 2021 Date for the Filing of Amendments to the Settlement Agreement until June 11, 2021 filed by Receiver Mark Dottore. (Whitmer, Mary)
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Filing 717
Minutes of proceedings before Judge Dan Aaron Polster. On June 1, 2021, the court conducted a Zoom status conference related to the receiver's anticipated motion for approval of amended settlement agreement, due on June 4, 2021. In furtherance of the settlement negotiations, the Department of Labor has agreed to drop its prior condition that all six of the former director/officers be precluded from serving as fiduciaries in the future. Some of the directors agreed to this condition, but some of them refused. Also in furtherance of the receiver's settlement negotiations, the Dream Center Foundation ("Foundation") has agreed to dismiss a claim that it has asserted against George L. Miller, chapter 7 trustee ("Trustee") if the Trustee will dismiss his claim against the Foundation. On or before 3:00 p.m. on Thursday, June 3, the Trustee must notify the Court of the status of this potential resolution. (Court Reporter: Heather Newman)Time: 25 minutes. (W,CM)
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Order. [non-document] The receiver's motion for extension of the May 25, 2021 date set for filing amendments to the settlement agreement is GRANTED. (ECF Doc. #716 ). The receiver must file an amended motion to approve any amended, proposed settlement agreement on or before June 4, 2021. The Court hereby schedules a status conference to be conducted by Zoom for June 1, 2021 at 4:15 p.m. However, the status conference will be canceled if the receiver notifies the Court that it is no longer necessary before the filing of the amended motion to approve. The following individuals will be required to participate in the status conference: Receiver Mark Dottore and counsel; John Kresse for the DOJ; James Goldstein and Matthew Scheff for the DOL; Pastor Matthew Barnett & Jack DeBartolo and counsel, Vicki Podberesky; Randy Barton and counsel, Robert T. Dolan; Brent Richardson and counsel, Mike Schern and Leo R. Beus; Timothy Slottow, pro se; and Rufus Glasper, pro se. Information for attending the Zoom status conference will be e-mailed directly to these individuals. Both the named individuals and counsel are required to attend. If anyone else would like to participate in the Zoom status conference, he or she must e-mail Judge Polster's law clerk at "carrie_roush@ohnd.uscourts.gov" on or before noon on May 28, 2021 and the Zoom information will be provided. Entered on behalf of Judge Dan Aaron Polster on 5/26/21. (W,CM)
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Filing 716
Motion for extension of the May 25, 2021, Date Set for the Filing of Amendments to the Settlement Agreement with National Union Fire Insurance Company of Pittsburgh, Pa and Others and His Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the Portfolioselect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims [Dkt. No. 674] and for an Extension of All Deadlines for All Parties and Request for a Status Conference until June 4, 2021 filed by Receiver Mark Dottore. Related document(s) #708 . (Whitmer, Mary)
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Filing 715
Order. For the reasons stated in the Order and to the extent that this order "clarifies" the Court's April 21, 2021 order, the Dunagan Intervenors' motion for clarification is GRANTED. (ECF Doc. #713 ). However, the Court will not require the Receiver to respond to the Dunagan Intervenors' discovery requests regarding the Receiver's settlement negotiations with the insurer, which continue to unfold and which are not currently the subject of any pending motions. Signed by Judge Dan Aaron Polster on 5/24/21. (W,CM)
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Filing 714
Response to #713 Motion for Clarification of the Court's April 21, 2021 Order With Respect to Discovery filed by Mark Dottore. (Whitmer, Mary)
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Filing 713
Motion for Clarification of the Court's April 21, 2021 Order With Respect to Discovery filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #708 . (Attachments: #1 Exhibit A: Rothschild Email 5.11.21, #2 Exhibit B: Whitmer Email 5.11.21, #3 Exhibit C: Rothschild Email 5.17.21, #4 Exhibit D: Whitmer Email 5.17.21)(Hagan, Eleanor)
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Filing 712
Objection to motion to approve accompany complaint filed by Emma Washington. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Envelope) (M,MT)
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Filing 711
Order. For the reasons stated in the Order the Court finds that Turbay,Kelly, Taylor and Rock are no longer in contempt of court. Although the Court could assess a $1,000 fine against Turbay, Kelly, Taylor and Rock for failing to pay the receiver on or before April 26th, the Court finds that Turbay, Kelly, Taylor and Rock substantially complied with the Court's order. Thus, the Court hereby waives any fines that could have been assessed. Related document #710 . Signed by Judge Dan Aaron Polster on 4/27/21. (W,CM)
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Filing 710
Civil Contempt Order. For the reasons stated in the Order the Court hereby finds finds William Turbay, Tim Kelly, Daniel Taylor and Richard Rock to be in CONTEMPT for failing to comply with the Court's January 20 and April 12 orders (Related documents #670 , #700 ). Beginning on April 26, 2021, the Court will assess a fine of $1,000.00 per day against each contemnor, Turbay, Kelly, Taylor and Rock, until they comply with the Court's order. The receiver should keep track of the assessed fines and may use them as an offset in the event there is money available to pay claims made by these four individuals. And, if requested, the Court will issue a judgment against each contemnor in the total assessed fines amount in favor of the receivership estate at the close of the receivership. The receiver will be permitted to use whatever methods are legally available to him to collect on those judgments. Turbay, Kelly, Taylor and Rock may purge this contempt order at any time by paying the amounts ordered in the Court's orders along with any accrued fines. Signed Judge Dan Aaron Polster on 4/23/2021. (W,CM)
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Filing 708
Order. Upon motion of the receiver (ECF Doc. #705 ), the Court hereby removes all deadlines and CANCELS the hearing scheduled for May 7, 2021 at 4:00 p.m. on the receiver's motion for order approving settlement. ECF Doc. #674 . On or before May 25, 2021, the receiver must file an amended motion to approve any amended, proposed settlement agreement. After the proposed amendments are filed, the Court will establish new deadlines for objections and schedule a hearing on the receiver's motion for an order approving the amended settlement agreement. Related doc. #702 . Signed by Judge Dan Aaron Polster on 4/21/2021. (W,CM)
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Filing 707
Notice of Intent to File a Pleading for the Limited Purpose of Joining Receiver's Motion for Approval of Settlement and Bar Order and Response to Objections Thereto (Including But Not Limited to Intervenors Emmanual Dunagan, Jessica Muscari, Robert J. Infusino, and Stephanie Porreca) filed by Dream Center Foundation. Related document(s) #674 .(Margulies, Craig)
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Filing 706
Certificate of Service filed by Mark Dottore. (Attachments: #1 Exhibit A - Notice List)Related document(s) #705 .(Whitmer, Mary)
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Filing 705
Motion for an Order Setting a Date of May 25, 2021, For the Filing of Amendments to the Settlement Agreement with National Union Fire Insurance Company of Pittsburg, PA and Others and His Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties From Asserting Certain Claims [Dkt. No. 674] and for a Corresponding Stay or Extension of Time for all Parties to Respond to the Responses and Objections to the Original Settlement Agreement filed by Receiver Mark Dottore. Related document(s) #702 . (Whitmer, Mary)
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Filing 704
Status Report (Sixteenth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 703
Notice of Service of Motion for a Continuance of the May 7, 2021 Hearing Regarding Objections to His Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the Portfolio Select for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims [Dkt. No. 674] filed by Mark Dottore. (Attachments: #1 Exhibit A - Notice List)Related document(s) #702 .(Whitmer, Mary)
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Filing 702
Motion to continue the May 7, 2021 Hearing Regarding Objections to His Motion for an Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims (Dkt. No. 674) and for a Corresponding Extension of Time for all Parties to Respond to the Responses and Objections filed by Receiver Mark Dottore. (Whitmer, Mary)
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Filing 701
Order Because the receiver is already busily responding to the objections to his motion to approve settlement and preparing for the May 7th hearing, the Court declines to also require him to produce expedited discovery for which the Dunagan Intervenors have failed to show a corresponding need. The motion for expedited discovery (ECF Doc. #696 ) is hereby denied. Signed by Judge Dan Aaron Polster on 4/13/2021.(K,K)
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Filing 700
Order On or before 12:00 p.m., noon on April 23, 2021, Turbay, Kelly, Taylor and Rock must show cause why they should not be held in contempt of the Court's January 20, 2021 order. (Doc #: #670 ) Please be advised that, if Turbay, Kelly, Taylor and Rock do not immediately comply with the Court's January 20th order and/or show good cause, they will be held in contempt and will be subject to fines and other penalties including potential incarceration, which the Court is authorized to assess. Signed by Judge Dan Aaron Polster on 4/12/2021. (K,K)
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Filing 699
Motion for extension of Time to Respond to All Objections to Receiver's Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect For Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims until April 21, 2021 filed by Receiver Mark Dottore. Related document(s) #674 . (Whitmer, Mary)
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Filing 698
Reply in support of #696 Motion For Expedited Discovery And For Expedited Briefing , Related to Their Objections to the Receiver's Proposed Settlement and Bar Order filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. (Attachments: #1 Exhibit A - Motion for Class Certification No. 18-CH-15216 (Circuit Court Cook County filed Dec. 7, 2018), #2 Exhibit B - Joint Status Report No. 19-cv-0809 (N.D. Illinois. May 18, 2020))(Hagan, Eleanor)
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Order [non-document] The motion for an extension of time to respond to all objections [ECF Doc. #699 ] is granted. Any and all responses to the pending objections must be filed on or before 4:00 p.m. on April 21, 2021. Any and all replies to responses must be filed on or before 4:00 p.m. on April 30, 2021. Due to the May 7, 2021 hearing, the Court will not grant any additional extensions. Entered on behalf of Judge Dan Aaron Polster on 4/12/2021.(K,K)
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Copy of #700 Order mailed to William A. Turbay at 10982 Laureldale Court, Las Vegas, NV 89141; Timothy E. Kelly at 4300 Via Dana Avenue, Las Vegas, NV 89141; Daniel Taylor at 329 Teal Ridge Hills Dr., Henderson, NV 89014; and Richard G. Rock at 455 East Pebble Road, Number 231504, Las Vegas, NV 89105 on 4/12/2021. (K,K)
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Filing 697
Objection to Motion of Dunagan Intervenors to Expedite Discovery filed by Mark Dottore. Related document(s) #696 . (Attachments: #1 Exhibit A - Dunagan Discovery Served March 5, 2021, #2 Exhibit B - Research (Judge Russ Kendig)) (Whitmer, Mary)
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Filing 696
Motion For Expedited Discovery And For Expedited Briefing filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #674 . (Attachments: #1 Memorandum In Support, #2 Exhibit A - Emails Between Eric Rothschild and Hugh Berkson reflecting meet and confer re expedited discovery (April 6-8, 2021), #3 Exhibit B - Dunagan Intervenors First Set of Discovery (Mar. 5, 2021), #4 Exhibit C - Letter from Eric Rothschild to Mary Whitmer & Hugh Berkson (Mar. 15, 2021), #5 Exhibit D - Dunagan Intervenors First Set of Discovery (April 7, 2021), #6 Proposed Order)(Hagan, Eleanor)
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Filing 695
Objection to motion to approve accompany complaint filed by Megan Castillo. (Attachments: #1 Certificate of Mailing, #2 Civil Cover Sheet, #3 Proposed Summons, #4 in Forma Pauperis Application, #5 Cover Letter, #6 Envelope) (M,MT)
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Filing 694
Opposition to #674 Motion an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect For Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Proh filed by George Miller, Trustee. (Barr, Robert)
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Filing 693
Attorney Appearance by Robert D. Barr filed by on behalf of George L. Miller, Trustee. (Barr, Robert)
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Order [non-document] The Department of Education and Department of Justice have requested a one week extension of the deadline for filing objections to the receiver's Motion for an Order Approving Global Settlement and Compromise [ECF #674 ]. The request is well taken, and the deadline for the DOE and/or DOJ to file an objection is hereby extended to April 15, 2021. Entered on behalf of Judge Dan Aaron Polster on 4/7/2021. (K,K)
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Filing 692
Objection to the Receiver's Motion for Approval of Settlement and Bar Order filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #674 . (Attachments: #1 Affidavit of Robert J. Infusino, #2 Exhibit 1 to Infusino Affidavit: Infusino Official Transcript, #3 Exhibit 2 to Infusino Affidavit: 2.Art Institute External Transfer Form, #4 Exhibit 3 to Infusino Affidavit: 3.Infusino-DCEH Emails re Proof of Enrollment at Full Sail University, #5 Exhibit 4 to Infusino Affidavit: 4.Infusino Illinois Institute of Art Account Ledger, #6 Exhibit 5 to Infusino Affidavit: 5.Illinois Institute of Art Cost of Attendance Budget, #7 Exhibit 6 to Infusino Affidavit: 6.Department of Education Notification of Loan Cancellation:, #8 Affidavit of Stephanie Porreca, #9 Exhibit 1 to Porreca Affidavit:1.Art Institute Notification of transcript language regarding accreditation, #10 Exhibit 2 to Porreca Affidavit: 2.Porreca Illinois Institute of Art Account Ledger:, #11 Exhibit 3 to Porreca Affidavit: 3.Illinois Institute of Art Cost of Attendance Budget, #12 Exhibit 4 to Porreca Affidavit: 4.Department of Education Notification of Loan Cancellation May 27, 2020:, #13 Exhibit 5 to Porreca Affidavit: 5.Department of Education Notification of Loan Cancellation November 8, 2019:, #14 Exhibit 6 to Porecca Affidavit: 6.Refund Check for Institutional Loan Programs, #15 Declaration of Alexander S. Elson, #16 Exhibit 1 to Elson Declaration: 1.Third Amended Complaint, Dunagan v. Illinois Institute of Art-Chicago, LLC, No. 19CV-809 (N.D. Ill. 2018), #17 Exhibit 2 to Elson Declaration: 2.Ltr. (Mar. 15, 2021) E. Rothschild to M. Whitmer and H. Berkson, #18 Exhibit 3 to Elson Declaration: 3.Exh 1. to Chris Richardsons Response to Plaintiffs Motion to Compel Further Deposition Testimony in the Dunagan Matter (Dkt. 123-1), #19 Exhibit 4 to Elson Declaration: 4.Excerpts of deposition of Chris Richardson, taken on December 15, 2020 in the Dunagan Matter., #20 Exhibit 5 to Elson Declaration: 5.National Union Fire Insurance Company of Pittsburgh, PA, Non-Profit Directors & Officers Liability Coverage Section) (Hagan, Eleanor)
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Filing 691
Response to Objection of Cherisse Hunter-Southern to the Receiver's Motion for an Entry of an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims filed by Mark Dottore. Related document(s) #686 . (Whitmer, Mary)
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Filing 690
Response to Objection of Tito Thomas to the Receiver's Motion for an Entry of an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims filed by Mark Dottore. (Attachments: #1 Exhibit A - Complaint/Objection filed by Tito Thomas) (Whitmer, Mary)
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Filing 689
Response to Objection of Victoria Rice to the Receiver's Motion for an Entry of an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims filed by Mark Dottore. Related document(s) #685 . (Whitmer, Mary)
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Order [non-document] The Court overrules Ms. Rice's Objection [ECF Doc. #685 ], without prejudice to her asserting claims against the appropriate Receivership Entities (if any) in the future. Ms. Rice's objection does not directly relate to the receiver's Motion for an Order Approving Global Settlement and Compromise [ECF Doc. #674 ]. If Ms. Rice files a claim against the appropriate receivership entity, the receiver will be given an opportunity to respond at that time. Entered on behalf of Judge Dan Aaron Polster on 4/6/2021. (K,K)
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Copy of 4/6/2021 non-document Order mailed to Victoria Rice at 7564 Elwood Ave., Fonanat, CA 92336 on 4/6/2021. (K,K)
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Filing 688
Objection to motion to approve accompany complaint filed by Tiar Duke (Attachments: #1 Certificate of Mailing, #2 Proposed Summons, #3 Civil Cover Sheet, #4 Envelope) (M,MT)
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Filing 687
Status Report (Fifteenth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 686
Objection to motion to approve accompany complaint filed by Cherisse Hunter-Southern. (Attachments: #1 Certificate of Mailing, #2 Proposed Summons, #3 in Forma Pauperis Application, #4 Civil Cover Sheet, #5 Envelope) (M,MT)
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Filing 685
Objection to motion to approve accompany complaint filed by Victoria Rice. (Attachments: #1 Cover letter, #2 Certificate of Mailing, #3 Proposed Summons, #4 Civil Cover Sheet, #5 Envelope) (M,MT)
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Filing 684
Notice of Withdrawal of Appearance of Brad Danek filed by HEFCO Meadowbrook LLC. (Danek, Brad)
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Filing 683
Notice of Withdrawal of Appearance of Daniel Sharkey filed by HEFCO Meadowbrook LLC. (Sharkey, Daniel)
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Filing 682
Proof of Notice of Filing in Newspaper of General Circulation for Three Successive Weeks filed by Mark Dottore. (Attachments: #1 Exhibit A - Certification of Publication in USA Today, #2 Exhibit B - USA Today Publication of February 25, 2021, #3 Exhibit C - USA Today Publication of February 26, 2021, #4 Exhibit D - USA Today Publication of March 1, 2021)Related document(s) #676 .(Whitmer, Mary)
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Filing 681
Notice of Service of Receiver's Motion for Entry of Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties From Asserting Certain Claims AND Mailing Notice filed by Mark Dottore. (Attachments: #1 Exhibit A - Full Notice List of Settlement with AIG, #2 Exhibit B - Mailing Notice, #3 Exhibit C - E-mail Notice)(Whitmer, Mary)
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Filing 680
Status Report (Fourteenth) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 679
Order For the reasons stated in the Order, Dunagan Intervenor's #677 Motion to Vacate is denied. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 2/22/2021.(K,K)
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Filing 678
Response to #677 Motion to vacate filed by Mark Dottore. (Whitmer, Mary)
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Filing 677
Motion to vacate filed by Emmanuel Dunagan, Robert Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #676 , #675 . (Hagan, Eleanor)
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Filing 676
Order granting Motion for an Order Approving Form and Manner of Notice Regarding the Receiver's Motion to Approve (1) Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims - Request for Date for the Filing of Objections and Hearing Date (Related Doc #675 ). Signed by Judge Dan Aaron Polster on 2/19/2021.(K,K)
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Hearing to be held on 5/7/2021 at 04:00 PM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Related document(s) #676 . (K,K)
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Filing 675
Motion for an Order Approving Form and Manner of Notice Regarding the Receiver's Motion to Approve (1) Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect for Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims - Request for Date for the Filing of Objections and Hearing Date filed by Receiver Mark Dottore. (Attachments: #1 Exhibit A - Publication Notice, #2 Exhibit B - Mail Notice, #3 Exhibit C - Control List, #4 Exhibit D - Proposed Order)(Whitmer, Mary)
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Filing 674
Motion an Order (1) Approving Global Settlement and Compromise Among Receiver and All Insureds Under the PortfolioSelect For Non-Profit Organizations Liability Insurance Policy; (2) Approving Payment of Defense Costs; and (3) Barring and Prohibiting Parties from Asserting Certain Claims filed by Receiver Mark Dottore. (Attachments: #1 Exhibit A - Settlement and Bar Order, #2 Exhibit B - Settlement Agreement)(Whitmer, Mary)
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Copy of [non-document] Order on Motion for extension of time mailed to Daniel Taylor at 329 Teal Ridge Hills Dr., Henderson, NV 89014 on 2/5/2021. (K,K)
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Order [non-document] Daniel Taylor's motion for extension to respond to the Court's Memorandum Opinion and Order was e-mailed to the Court February 1, 2021 and DENIED on February 2, 2021. Thus, the motion for extension (ECF Doc. #673 ) is DENIED as moot. Entered on behalf of Judge Dan Aaron Polster on 2/5/2021.(K,K)
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Filing 673
Motion for extension of 3 weeks to respond to the Memorandum Opinion and Order of the Court filed on January 20, 2021 filed by Interested Party Daniel Taylor. Related document(s) #670 . (Attachments: #1 Envelope)(M,MT)
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Order [non-document] On February 1, 2021, the Court received an e-mail from Tim Kelly, Richard Rock, Dr. Dan Taylor and William Turbay requesting more time to "respond" to the Court's January 20th Order [ECF Doc. #670 ]. The request for more time is DENIED. Tim Kelly, Richard Rock, Dr. Dan Taylor and William Turbay are required to comply with the Court's order; no response to the order is permitted. Further, there is no provision in the Civil Rules for motions to reconsider, but it is within the Court's discretion to consider such motions. Entered on behalf of Judge Dan Aaron Polster on 2/2/2021. (K,K)
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Filing 672
Notice of Withdrawal of Richard S. Gurbst as Counsel of Record filed by Marina Awed, Brandy Chandler, Emmanuel Dunagan, Kendrick Harrison, Robert Infusino, Jayne Kenney, Kimberly Milbrandt, Jessica Muscari, National Student Legal Defense Network, Stephanie Porreca, Megan Tuyls, Sarah Watts, Ashley York. (Gurbst, Richard)
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Filing 671
Thirteenth Status Report filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register) Related document(s) #505 .(Whitmer, Mary)
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Filing 670
Memorandum Opinion and Order To the extent the receiver sought a contempt order arising from SAVE's failure to pay operating expenses of AiLV during 2019, the #590 motion is denied denied in part. To the extent the receiver sought contempt orders against Turbay, Kelly, Taylor and Rock the motion is granted in part. Turbay, Kelly Taylor and Rock are each ordered to pay the receiver the following amounts: Turbay: $5,000; Kelly: $4,505; Taylor: $5,000 and Rock: $25,000. Said payments shall be made to the receiver forthwith or on any schedule the receiver may approve. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 1/20/2021.(K,K)
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Filing 669
Subpoena Returned Executed; served upon Benefit Administrative Systems LLC by Process Server on January 13, 2021 filed on behalf of Mark Dottore (Whitmer, Mary)
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Filing 668
Order granting Receiver's Emergency Motion for an Order Approving the Execution of an Agreement with Occunet LLC dba Fairos For the Purpose of Pricing and Administering Health Care Claims (Related Doc #667 ). 2.The Receiver is authorized to retain and employ Occunet LLC dba Fairos as his repricing administrator for unpaid health care claims on the terms and conditions as set for in the Motion, effective as of the date of the Motion. Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 1/8/2021.(K,K)
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Order [non-document] - Any and all objections to the receiver's emergency motion (ECF Doc. #667 ) must be filed on or before noon on Friday, January 8, 2021. Judge Dan Aaron Polster on 1/6/20. (P,R)
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Filing 667
Expedited Motion for an Order Approving the Execution of an Agreement with Occunet LLC dba Fairos For the Purpose of Pricing and Administering Health Care Claims filed by Receiver Mark Dottore. (Attachments: #1 Exhibit A - Letter of Understanding) (Whitmer, Mary)
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Filing 666
Twelfth Status Report, pursuant to Local Rule 6.1, filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 665
Notice of Service of Subpoena to Produce Documents, Information or Objects in a Civil Action to Aenta Life Insurance Co. filed by Mark E. Dottore. (Whitmer, Mary)
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Filing 664
Order granting #663 Motion to approve stipulation regarding Matthew Barnett's Motion to show cause (Related Doc #617 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/7/2020.(D,JJ)
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Filing 663
Motion to Approve Stipulation Regarding Matthew Barnett's Motion to Show Cause [Related ECF Doc. 617] filed by Receiver Mark Dottore. Related document(s) #617 . (Attachments: #1 Stipulation)(Berkson, Hugh).
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Filing 662
Order approving procedures regarding access to DECH Data (Related Doc #655 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/1/2020. (D,JJ)
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Order [non-document]: The court has issued an order, which was jointly proposed by the receiver and the intervening students who filed a response (ECF Doc. #659 ) to the receiver's motion for an order to transfer and turnover student records. (ECF Doc. #655 ). Having no outstanding objections and having already ruled on the receiver's motion (ECF Doc. #655 ), the Court hereby CANCELS the hearing scheduled for December 4, 2020 at 10:30 a.m. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/1/2020. (D,JJ)
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Filing 661
Monthly Status Report (Eleventh) Filed Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 660
Response to the Receiver's Post October 21, 2020 Hearing Brief of November 3, 2020 filed by Save the Art Institute of Las Vegas Limited. Related document(s) #651 . (Attachments: #1 List of Exhibits, #2 Exhibit 1 - Declaration of Brian Neidlinger, #3 Exhibit 2 - Consultation Contract, #4 Exhibit 3 - Receiver's Exhibits R-1, R-2, R-3, R-5, R-7 (for reference), #5 Exhibit 4 - Transcript of August 4, 2020 Hearing Doc. #606, #6 Exhibit 5 - Requests for Data, #7 Exhibit 6 - Global Financial Aid Services Contract of June 1, 2019, #8 Exhibit 7 - Letter to Receiver from Aaron Lacey, Esq. of September 19, 2019, #9 Exhibit 8 - MSA reference to Loans to Receiver, #10 Exhibit 9 - Teacher Loans to Receiver, #11 Exhibit 10 - Financing Letters, #12 Exhibit 11 - NYT Article, #13 Exhibit 12 - Consultant Checks, #14 Exhibit 13 - V.A. Reconciliation, #15 Exhibit 14 - Declaration of Tim Kelly, #16 Exhibit 15 - Receiver's Evidence R-4, R-5, R-6, R-7 explained, #17 Exhibit 16 - Title IV expectations, #18 Exhibit 17 - Response and Supplement to Motion to Show Cause, #19 Exhibit 18 - Declaration of Lisa Mayo De Riso) (W,CM)
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Filing 659
Response to Motion of Mark E. Dottore, Receiver (I) To Transfer and Turnover [SIC] Student Records to State Educational Authorities or Destroy Them; And (II) Approving Certain Procedures Regarding Access to the DCEH Data; And for Such Other and Further Relief as is Just and Proper. (DKT. 655) filed by Marina Awed, Brandy Chandler, Emmanuel Dunagan, Kendrick Harrison, Robert Infusino, Jayne Kenney, Kimberly Milbrandt, Jessica Muscari, Stephanie Porreca, Sarah Watts, Ashley York. Related document(s) #655 . (Hagan, Eleanor)
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Filing 658
Order denying Bridgett Lynn Davidson's Motion (Letter) for order (Related Doc #612 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/19/2020.(D,JJ)
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Order [non-document]: On November 9, 2020, the receiver filed a motion for an order to transfer and turnover student records to state educational authorities or to destroy them. ECF Doc. #655 . Any responses and/or objections to the receiver's motion must be filed on or before 4:00 p.m. on November 24, 2020. The court hereby schedules a hearing on the receiver's motion to transfer (ECF Doc. #655 ) for December 4, 2020 at 10:30 a.m. If no objections to ECF Doc. #655 are filed, the hearing will be cancelled, and the court will rule on the receiver's motion without a hearing. If the hearing does go forward, it will be conducted by video conference. Instructions for participating via video conference will be separately e-mailed to any objecting party and the receiver. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/10/20. (D,JJ)
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Filing 657
Order approving Agreed Qualified Protective Order (Related Doc #656 ). Magistrate Judge Thomas M. Parker on 11/9/2020.(D,JJ)
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Filing 656
Proposed Motion for agreed qualified protective order filed by Plaintiff/Intervenor Atena Life Insurance Company. Related document(s) #648 . (Moore, Branden)
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Filing 655
Motion for an Order to Transfer and Turnover Student Records to State Educational Authorities or Destroy Them; and to Approve Certain Procedures Regarding Access to the DCEH Data; and for Such Other and Further Relief as is Just and Proper filed by Receiver Mark Dottore. (Attachments: #1 Exhibit A - Contact Information for State Authorities, #2 Exhibit B - Addresses of State Authorities, #3 Exhibit C - Proposed Order)(Whitmer, Mary)
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Order [non-document] Per the Court's non-document Order dated Nov. 4, 2020, Turbay, Taylor, Rock and Kelly's #653 Motion for extension of time until November 23, 2020 to adequately and accurately respond to the Receiver's Post-Hearing Brief and complete our Post-Hearing Brief is granted. Entered on behalf of Judge Dan Aaron Polster on 11/9/2020.(K,K)
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Filing 654
Status Report of Receiver Re: Conference with Barnett, FSP Pacific Center, LLP and Kompa filed by Mark Dottore. Related document(s) #647 .(Berkson, Hugh)
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Filing 653
Motion for extension of time until November 24, 2020 to adequately and accurately respond to the Receiver's Post-Hearing Brief and complete our Post-Hearing Brief filed by Interested Party Daniel Taylor. Related document(s) #651 . (Attachments: #1 Exhibit 1 - Faculty Letters (20))(W,CM)
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Filing 652
Tenth Monthly Report Pursuant to Local Rule 66.1 filed by Mark Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Distributions, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register)) Related document(s) #505 .(Stefancin, Robert)
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Order [non-document]: On November 3, 2020, the receiver filed a post-hearing brief in support of his motion to show cause against Save AiLV, Turbay, Taylor, Rock and Kelly. ECF Doc. #590 . In a letter dated the same day, Turbay, Taylor, Rock and Kelly requested a 21 day extension to respond to the receiver's post-hearing brief. The court is willing to grant this request for an extension. However, the court is not interested in receiving numerous letters from teachers regarding their motivations for continuing teaching at the school. That point was adequately explained during the hearing. The court is concerned with whether Turbay, Taylor, Rock and Kelly paid themselves $100,000 when the teachers were not being paid. The court hereby directs Turbay, Taylor, Rock and Kelly to expressly address the receiver's allegation that they paid themselves $100,000 while the faculty was not getting paid. Any responses to the receiver's post-hearing brief must be filed by 3:00 p.m. on November 23, 2020, and no further extensions will be granted. Magistrate Judge Thomas M. Parker on 11/4/2020. (D,JJ)
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Filing 651
Post-Hearing Brief in Support of Motion to Show Cause Against Save AILV, Turbay, Taylor, Rock, and Kelly, filed by Mark Dottore. Related document(s) #590 . (Attachments: #1 Exhibit 1 - Declaration of Connie Adelman, #2 Exhibit 2 - Email Echols to Adelman 3-22-2019, #3 Exhibit 3 - Email Echols to Batulla, Warren, Chu 5.14.19, #4 Exhibit 4 - Email Echols to Turbay, Rock, Batulla 6.11.19, #5 Exhibit 5 - Letter DOE to Receiver re: partial approval of HCM2, #6 Exhibit 6 - Email Adelman to Taylor 10.16.19, #7 Exhibit 7 - Email Ayers to Adelman 10.20.19) (Berkson, Hugh)
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Filing 650
Opposition to #617 Motion for an order (1) Requiring Pacific Center, LLC and its counsel of record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to show cause why they should not be held in contempt for their knowing, willful and intentional violations of this courts stay order; (2) Issuing sanctions against respondents (jointly and severally); and (3) Deeming void the state court default judgment obtained in violation of this courts stay order, filed by FSP Pacific Center LLC. (Stavole, William)
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Filing 649
Reply to #644 response to #617 Motion for an order (1) Requiring Pacific Center, LLC and its counsel of record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to show cause why they should not be held in contempt for their knowing, willful and intentional violations of this courts stay order; (2) Issuing sanctions against respondents (jointly and severally); and (3) Deeming void the state court default judgment obtained in violation of this courts stay order, filed by Mark Kompa. (Stavole, William)
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Filing 648
Order denying without prejudice Atena Life Insurance Company's Motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna Life Insurance Company (Related Doc #597 ). Judge Dan Aaron Polster on 10/29/20.(P,R)
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Filing 647
Order: On September 22, 2020, intervening party, Matthew W. Barnett, filed a motion for contempt requiring Pacific Center, LLC, and Mark A. Kompa to show cause why they should not be held in contempt for violating this Court's stay order. ECF Doc. #617 . Pacific Center, LLC and Mark A. Kompa have filed oppositions. ECF Doc. #639 and ECF Doc. #640 . On October 22, 2020, the receiver filed a brief in support of Barnett's motion for contempt. ECF Doc. #644 . Within 10 days of this order, counsel for Barnett, Pacific Center, LLC, Mark A. Kompa and the receiver must meet and confer to attempt to resolve the matter in conflict. Within 24 hours of the meeting, counsel for the receiver must file a status report. IT IS SO ORDERED. See Order for details. Magistrate Judge Thomas M. Parker on 10/28/2020. (D,JJ)
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Filing 646
Declaration of Anna Landa in Support of Omnibus Reply to Respondents' Opposition to Motion for an Order (1) Requiring Respondents to Show Cause Why they Should Not be Held in Contempt; (2) Issuing Sanctions Against Respondents; and (3) Deeming Void a State Court Judgment Obtained in Violation of Receivership Stay Order filed by Matthew Barnett. Related document(s) #645 . (Attachments: #1 Exhibit Argosy - California Secretary of State Statement of Information)(Margulies, Craig)
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Filing 645
Omnibus Reply to opposition to #617 Motion for contempt Motion For an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) To Show Cause Why They Should Not Be Held in Contempt For Their Knowing, Wi Omnibus Reply to Respondents' Opposition to Motion for an Order (1) Requiring Respondents to Show Cause Why They Should Not Be Held in Contempt; (2) Issuing Sanctions Against Respondents; and (3) Deeming Void a State Court Judgment Obtained in Violation of a Receivership Stay Order filed by Matthew Barnett. (Margulies, Craig)
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Filing 644
Brief in Support of Pastor Matthew Barnett's Motion to Show Cause (ECF Doc. 617) filed by Mark Dottore. Related document(s) #617 . (Berkson, Hugh)
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Order [non-document]: On October 22, 2020, the receiver filed a brief in support of Matthew Barnett's motion to show cause. Any responses to the receivers brief (ECF Doc. #644 ) must be filed on or before November 2, 2020. Magistrate Judge Thomas M. Parker on 10/22/2020. (D,JJ)
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Filing 643
Minutes of proceedings before Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker. Show Cause Hearing held on 10/21/2020. (Court Reporter: S. Perkins. Time: 2 hours). (D,JJ)
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Filing 642
Reply in opposition to #597 Motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna Life Insurance Company filed by Atena Life Insurance Company. (Moore, Branden)
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Filing 641
Order: A show cause hearing is scheduled for October 21 at 11:00 a.m. on the receiver's motion for an order requiring Save the Art Institute of Las Vegas Limited, William Turbay, Tim Kelly, Richard Rock, and Daniel Taylor to show cause as to why they should not be held in contempt. ECF Doc. #590 . As previously stated, the hearing will be conducted by Zoom video conference. On or before noon on October 19, 2020, the court must receive a list of the e-mail addresses for the individuals who will participate in the Zoom hearing. See Order for additional requirements and information. Magistrate Judge Thomas M. Parker on 10/16/2020. (D,JJ)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Guy Nicholson for Mark A. Kompa. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #636 ), Approved by Judge Dan Aaron Polster on 10/16/2020.(K,K)
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Rebecca Kinburn and David A. Crichlow for FSP Pacific Center LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 # #637 , #638 ). Approved by Judge Dan Aaron Polster on 10/16/2020.(K,K)
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Filing 640
Opposition to #617 Motion for an order (1) Requiring Pacific Center, LLC and its counsel of record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to show cause why they should not be held in contempt for their knowing, willful and intentional violations of this courts stay order; (2) Issuing sanctions against respondents (jointly and severally); and (3) Deeming void the state court default judgment obtained in violation of this courts stay order filed by FSP Pacific Center LLC. (Attachments: #1 Exhibit A - Declaration of Joseph Corrente)(Stavole, William)
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Filing 639
Opposition to #617 Motion for an order (1) Requiring Pacific Center, LLC and its counsel of record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to show cause why they should not be held in contempt for their knowing, willful and intentional violations of this courts stay order; (2) Issuing sanctions against respondents (jointly and severally); and (3) Deeming void the state court default judgment obtained in violation of this courts stay order filed by Mark Kompa. (Attachments: #1 Exhibit A - Declaration of Mark Kompa, #2 Exhibit 1 to Declaration - Detainer Judgment, #3 Exhibit 2 to Declaration - Proof of Service, #4 Exhibit 3 to Declaration - Notice of Entry of Judgment, #5 Exhibit 4 to Declaration - Notice of Right to Reclaim Abandoned Personal Property , #6 Exhibit 5 to Declaration - Statements of Information, #7 Exhibit 6 to Declaration - Email, #8 Exhibit 7 to Declaration - Excerpts of tax return, #9 Exhibit 8 to Declaration - Judgment of 9/24/19) (Stavole, William)
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Filing 638
Motion for attorney David A. Crichlow to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10341141, filed by Miscellaneous FSP Pacific Center LLC. (Attachments: #1 Declaration of David A. Crichlow)(Cruz, Frederick)
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Filing 637
Motion for attorney Rebecca Kinburn to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10341064, filed by Miscellaneous FSP Pacific Center LLC. (Attachments: #1 Declaration of Rebecca Kinburn)(Cruz, Frederick)
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Filing 636
Motion for attorney Guy C. Nicholson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10340934, filed by Miscellaneous Mark Kompa. (Attachments: #1 Exhibit A - Declaration of Guy C. Nicholson )(Cruz, Frederick)
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Filing 635
Attorney Appearance by William J. Stavole filed by on behalf of Mark Kompa. (Stavole, William)
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Filing 634
Attorney Appearance by William J. Stavole filed by on behalf of FSP Pacific Center LLC. (Stavole, William)
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Filing 633
Attorney Appearance by Frederick D. Cruz filed by on behalf of FSP Pacific Center LLC. (Cruz, Frederick)
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Filing 632
Supplement to #591 Order to Show Cause filed by Timothy Kelly, Brian Neidlinger, Richard Rock, Daniel Taylor, William Turbay, Michelle Vietmeier. (Attachments: #1 Exhibit 1-Casj Basis Accounting, #2 envelope)(S,SR)
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Filing 631
Attorney Appearance by Frederick D. Cruz and William J. Stavole filed by on behalf of Mark A. Kompa. (Cruz, Frederick)
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Filing 630
Declaration of Angela Saba in Support of Notice of Service filed by Matthew W. Barnett. Related document(s) #622 , #618 , #628 , #619 , #621 , #617 , #620 , #616 . (Margulies, Craig)
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Filing 629
Declaration of Craig G. Margulies in Support of Notice of Service, filed by Matthew W. Barnett. Related document(s) #622 , #618 , #628 , #619 , #621 , #617 , #620 . (Attachments: #1 Exhibit 1 - Proof of Service)(Margulies, Craig)
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Filing 628
Notice of Service of Motion for an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to Show Cause Why They Should Not be Held in Contempt for Their Knowing, Willful and Intentional Violations of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); And (3) Deeming Void the State Court Default Judgment Obtained in Violation of This Courts Stay Order (Dkt. No. 617); Declaration of Craig G. Margulies In Support of Motion for an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to Show Cause Why They Should Not be Held in Contempt For Their Knowing, Willful and Intentional Violations of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void the State Court Default Judgment Obtained in Violation of this Courts Stay Order (Dkt. No. 618); Declaration of Pastor Matthew W. Barnett In Support of Motion for an Order (1) Requiring Pacific Center, LLC and Its Counsel of Record, Mark A. Kompa, Esq. of Law Offices Of Mark A. Kompa (Respondents) to Show Cause Why They Should Not Be Held in Contempt for Their Knowing, Willful And Intentional Violations of this Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly and Severally); and (3) Deeming Void The State Court Default Judgment Obtained in Violation of this Courts Stay Order (Dkt. No. 619); Declaration of Cyndi K. Wong in Support of Motion for an Order (1) Requiring Pacific Center, LLC and Its Counsel Of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to Show Cause Why They Should Not be Held in Contempt For Their Knowing, Willful And Intentional Violations of this Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void The State Court Default Judgment Obtained In Violation Of This Courts Stay Order (Dkt. No. 620); Request for Judicial Notice In Support of Motion for an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to Show Cause Why They Should Not Be Held in Contempt for their Knowing, Willful and Intentional Violations of this Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void the State Court Default Judgment Obtained In Violation of this Courts Stay Order (Dkt. No. 621); and Motion to Intervene (Dkt. No. 616) filed by Matthew W. Barnett. Related document(s) #622 , #618 , #619 , #621 , #617 , #620 , #616 .(Margulies, Craig)
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Filing 627
Motion for sanctions Against Save the Art Institute of Las Vegas Limited, William Turbay, Tim Kelly, Richard Rock, and Daniel Taylor filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Letter dated 9.30.2020)(Berkson, Hugh)
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Filing 626
Notice filed by United States. Related document(s) #600 .(Early, Cormac)
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Filing 625
Ninth Monthly Report Filed Pursuant to This Court's December 11, 2019 Order filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Receivership Inventory - Property and Assets, #2 Exhibit B - Cash Receipts and Distributions, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 624
Notice of Withdrawal as Counsel of Record for Intervenor filed by Historic Berriman-Morgan, LLC. (Ferguson, Katherine)
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Filing 623
Response to filing by Bridgette Lynn Davidson filed by Mark E. Dottore. Related Doc. #612 (Attachments: #1 Exhibit Enrollment Screen (Redacted), #2 Exhibit Credit Transfer Criteria, #3 Exhibit Program Requirements, #4 Exhibit Graduation Requirements)(Whitmer, Mary)
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Filing 622
Order granting Interested party, Matthew W. Barnett's motion to intervene in this case. (Related Doc #616 ). See Order for additional information/requirements. Magistrate Judge Thomas M. Parker on 9/23/2020. (D,JJ)
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Filing 621
Request for Judicial Notice in Support of Motion For an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) To Show Cause Why They Should Not Be Held in Contempt For Their Knowing, Willful And Intentional Violations of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void The State Court Default Judgment Obtained in Violation of This Courts Stay Order, filed by Matthew W. Barnett. Related document(s) #618 , #619 , #617 , #620 .(Margulies, Craig).
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Filing 620
Declaration of Cyndi K. Wong in Support of the Motion For an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) To Show Cause Why They Should Not Be Held in Contempt For Their Knowing, Willful And Intentional Violations of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void The State Court Default Judgment Obtained in Violation of This Courts Stay Order, filed by Matthew W. Barnett. Related document(s) #618 , #619 , #617 . (Attachments: #1 Exhibit B - Cease and Desist Letter dated August 21, #2 Exhibit C - Kompa's Response dated August 31, #3 Exhibit D - Notice of Imposition of Stay, #4 Exhibit E - Kompa September 16th Email, #5 Exhibit F - Argosy Response Letter dated September 18, 2020)(Margulies, Craig).
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Filing 619
Declaration of Pastor Matthew W. Barnett in Support of the Motion For an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) To Show Cause Why They Should Not Be Held in Contempt For Their Knowing, Willful And Intentional Violations of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void The State Court Default Judgment Obtained in Violation of This Courts Stay Order, filed by Matthew W. Barnett. Related document(s) #618 , #617 . (Attachments: #1 Exhibit A - Subpoena)(Margulies, Craig).
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Filing 618
Declaration of Craig G. Margulies in Support of Motion For an Order (1) Requiring Pacific Center, LLC and its Counsel of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) To Show Cause Why They Should Not Be Held in Contempt For Their Knowing, Willful And Intentional Violations of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly And Severally); and (3) Deeming Void The State Court Default Judgment Obtained in Violation of This Courts Stay Order, filed by Matthew W. Barnett. Related document(s) #617 . (Attachments: #1 Exhibit 1 - Order and Amended Receivership Stay Order, #2 Exhibit 2 - Notice of Order Appointing Receiver, #3 Exhibit 3 - Status Report Order, #4 Exhibit 4 - FSP Summary of the Case, #5 Exhibit 5 - Notice of Right to Reclaim Abandoned Personal Property, #6 Exhibit 6 - Complaint, #7 Exhibit 7 - Case Management Statement, #8 Exhibit 8 - Request for Entry of Default, #9 Exhibit 9 - Default Judgment, #10 Exhibit 10 - Notice of Judgment Lien, #11 Exhibit 11 - Abstract of Judgment, #12 Exhibit 12 - Application and Order for Appearance, #13 Exhibit 13 - Subpoena Declaration, #14 Exhibit 14 - Argosy Univ. Closed School Information, #15 Exhibit 15 - Argosy Univ. Wikipedia)(Margulies, Craig).
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Filing 617
WITHDRAWN, per Order ECF Doc. #664 : Motion for an order (1) Requiring Pacific Center, LLC and its counsel of record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to show cause why they should not be held in contempt for their knowing, willful and intentional violations of this courts stay order; (2) Issuing sanctions against respondents (jointly and severally); and (3) Deeming void the state court default judgment obtained in violation of this courts stay order filed by Interested Party Matthew W. Barnett. (Margulies, Craig) Modified to withdraw document on 12/7/2020 (D,JJ).
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Filing 616
Motion to intervene filed by Interested Party Matthew W. Barnett. (Attachments: #1 Proposed Order)(Margulies, Craig)
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Filing 615
Order: The receiver's applications for approval to pay his fees and expenses are DENIED, without prejudice to re-filing at a later date. (Related Doc. Nos. #538 , #539 ). Magistrate Judge Thomas M. Parker on 9/22/2020. (D,JJ)
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Order [non-document] granting Interested Party Matthew W. Barnett's Motion to exceed page limitations (Related Doc #614 ). Magistrate Judge Thomas M. Parker on 9/22/2020. (D,JJ)
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Filing 614
Motion of Pastor Matthew W. Barnett, in his Sole Capacity as Former Manager for Argosy Education Group LLC, For Authority to Exceed Page Limitation For a Motion For an Order (1) Requiring Pacific Center, LLC and Its Counsel Of Record, Mark A. Kompa, Esq. of Law Offices of Mark A. Kompa (Respondents) to Show Cause Why They Should Not Be Held in Contempt For Their Knowing, Willful and Intentional Violations Of This Courts Stay Order; (2) Issuing Sanctions Against Respondents (Jointly and Severally); and (3) Deeming Void the State Court Default Judgment Obtained in Violation of This Courts Stay Order; Declaration of Craig G. Margulies, Esq. In Support Thereof, filed by Interested Party Matthew W. Barnett. (Margulies, Craig)
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Filing 613
Notice of Substitution of Counsel removing attorney Lloyd H. Randolph and adding attorney John R. Kresse filed by on behalf of United States. (Kresse, John)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Craig G. Margulies for Matthew W. Barnett. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #611 ). Approved by Judge Dan Aaron Polster on 9/18/2020.(K,K)
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Order [non-document]: On July 22, 2020, the court issued an order encouraging the Department of Labor ("DOL") to file a response to Aetna Life Insurance Company's ("Aetna") motion for order to lift stay. (ECF Doc. #597 ). On September 18, 2020, DOL's counsel requested a second extension of time to file a response, which is well taken. The court will defer any ruling on Aetna's motion until after October 5, 2020 in order to afford DOL additional time to file any statement of interest it may wish to submit. Aetna's reply to all responses will now be due on or before October 19, 2020. Magistrate Judge Thomas M. Parker on 9/18/2020. (D,JJ)
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Filing 612
Motion for Order filed by Interested Party Bridgette Lynn Davidson. (D,JJ)
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Filing 611
Motion for attorney Craig G. Margulies to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660126124, filed by Interested Party Matthew W Barnett. (Attachments: #1 Declaration of Craig G Margulies, Esq in Support of Motion for Order Authorizing Admission Pro Hac Vice)(W,CM)
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Filing 610
Response to the Court's Show Cause Order (ECF Doc. #591 ) filed by Lisa Mayo DeRiso, Timothy E. Kelly, Brian Neidlinger, Richard G. Rock, Daniel Taylor, William A. Turbay, Michelle Vietmeier. (Attachments: #1 Exhibit 1 - Document #346 Filed 05/29/2019 - Save the Art Institutes Limited Objection and/or Response to Motion to Approve Second Settlement Agreement Deadline for Filing Objection, #2 Exhibit 2 - Letter from BANK of Nevada/Western Alliance Bank dated November 26, 2019 To Save the Art Institute of Las Vegas regarding available funding for the School Put on hold until the BANK is assured that the Receiver is out of the way, #3 Exhibit 3 - AiLV REGISTRAR Brian Neidlinger's report in response to the Receiver's Response to The Department of Education's Letter of May 7, 2020, regarding the Receiver's inadequacies attempting to successfully file Title IV Submissions to the DOE, #4 Exhibit 4 - Advisory Email of September 19, 2019 to Receiver's Counsel from Attorney Aaron D.Lacey outlining the potential consequences of a precipitous school closing during purchase negotiations, #5 Exhibit 5 - Curriculum Vitae of Aaron D. Lacey, Esq., Seasoned postsecondary education and U.S. Department of Education Negotiator and practitioner, #6 Exhibit 6 - Public Hearing Minutes of September 18, 2019 conducted by the State of Nevada Commission on Postsecondary Education regarding the decision not to renew the State License from the School because of the Receiver). (D,JJ)
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Filing 609
Eighth Monthly Report Filed Pursuant to This Court's December 11, 2019 Order filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary)
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Filing 608
Motion for extension of time until 10/05/2020 to file response/reply to #597 Motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna Life Insurance Company filed by Plaintiff/Intervenor Atena Life Insurance Company. Related document(s) #597 . (Moore, Branden)
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Order [non-document]: The Court GRANTS Aetna Life Insurance Company's ("Aetna") motion for an order extending its deadline to reply (ECF Doc. #608 ) in support of its Motion for Order to Lift Stay and Authorize Recoupment and /or Setoff of Pharmacy Rebates. (ECF Doc. #597 ). Aetna's reply to all responses will be due on or before October 5, 2020. Magistrate Judge Thomas M. Parker on 8/21/2020. (D,JJ)
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Filing 607
Response to #597 Motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna Life Insurance Company and Motion for an Accounting of all Funds Received by Aetna Life Insurance Company After December 31, 2018 filed by Mark E. Dottore. (Whitmer, Mary) Modified to add Motion on 8/26/2020 (W,CM).
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Order [non-document]: On July 22, 2020, the court issued an order encouraging the Department of Labor ("DOL") to file a response to Aetna Life Insurance Company's ("Aetna") motion for order to lift stay. (ECF Doc. #597 ). On August 18, 2020, DOL's counsel requested an extension of time to file a response, which is well taken. The court will defer any ruling on Aetna's motion until after September 21, 2020 in order to afford DOL additional time to file any statement of interest it may wish to submit. Magistrate Judge Thomas M. Parker on 8/19/2020. (D,JJ)
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| Filing 606 Transcript of Status Conference Proceedings held on August 4, 2020 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at susan_trischan@ohnd.uscourts.gov or 216-357-7087. [48 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 8/21/2020. Redaction Request due 9/4/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/12/2020. (T,S) |
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Filing 605
Order: On August 7, 2020, Save the Art Institute of Las Vegas (Save AiLV) filed an emergency request for more time to comply with the Court's July 21, 2020 Order. ECF Doc. #603 . The court hereby GRANTS the motion requesting an additional 30 days. Save AiLV, William Turbay, Tim Kelly, Richard Rock and Daniel Taylor must file any responses to the receiver's motion to show cause on or before September 10, 2020. The show cause hearing scheduled for September 8, 2020 is hereby continued to October 21 at 11:00 a.m. and will be conducted by Zoom video conference. Representatives for Save AiLV are directed to communicate and cooperate with the receiver and his counsel to locate any records needed to respond to the show cause motion. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/10/2020. (D,JJ)
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| Filing 604 Expedited Non-Appeal Transcript Order Form for proceedings held on 08/04/2020 before Judge Polster, Court Reporter: Susan Trischan. Requested completion date: 08/14/2020 filed by United States. (Kresse, John) |
| Filing 603 Motion for extension of time to respond to and comply with Court Order of July 21, 2020 filed by Plaintiff/Intervenor Save the Art Institute of Las Vegas Limited. Related document(s) #595 . (W,CM) |
| Filing 602 Seventh Status Report Filed Pursuant to This Court's December 11, 2019 Order filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Cash Flow, #4 Exhibit D - Receipts and Disbursements (Check Register))Related document(s) #505 .(Whitmer, Mary) |
| Filing 601 Status Report Regarding July 17, 2020 Meeting and Discussion Held with Administration and Staff of Save the Art Institute of Las Vegas Limited filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Summary of Discussions, #2 Exhibit B - Spreadsheet of Claimed Wages)Related document(s) #562 , #580 .(Whitmer, Mary) |
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Filing 600
Order: On July 21, 2020, Aetna Life Insurance Company ("Aetna") filed a motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna. ECF Doc. #597 . The court encourages the Department of Labor and/or the Department of Justice to submit responses to this motion. As already ordered, any responses or objections to Aetna's motion, must be filed on or before August 21, 2020. Magistrate Judge Thomas M. Parker on 7/22/2020. (D,JJ)
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| Filing 599 Receiver's Notice of Responding to William J. Ramsey [Dkt. No. 594] filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Letter to William J. Ramsey)Related document(s) #594 .(Whitmer, Mary) |
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Filing 598
Order: On July 21, 2020, Aetna Life Insurance Company ("Aetna") filed a motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna. ECF Doc. #597 . Receiver Mark E. Dottore must file a response to Aetna's motion. His response, and any other responses or objections to Aetna's motion, must be filed on or before August 21, 2020. Magistrate Judge Thomas M. Parker on 7/22/2020. (D,JJ)
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| Filing 597 Motion for order to lift stay and authorize recoupment and/or setoff of pharmacy rebates against amounts owed to Aetna Life Insurance Company, filed by Plaintiff/Intervenor Atena Life Insurance Company. (Attachments: #1 Proposed Order, #2 Brief in Support)(Moore, Branden) |
| Filing 596 Notice of Service of Order Granting Howard & Howard Attorneys PLLC's Emergency Motion to Withdraw as Counsel, filed by Save the Art Institute of Las Vegas Limited. (Graziani, Robert) |
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Filing 595
Order: The Court hereby GRANTS Howard & Howard Attorneys PLLC's emergency motion to withdraw (ECF Doc. #592 ) and CANCELS the show cause hearing scheduled for August 3, 2020. The court also CANCELS the hearing scheduled for 2:00 p.m. on August 3, 2020, which is also related to the dispute between the receiver and the representatives of the Art Institute of Las Vegas ("AiLV"). Save AiLV, William Turbay, Tim Kelly, Richard Rock and Daniel Taylor must file any responses to the receiver's motion to show cause on or before September 1, 2020. The court hereby RESCHEDULES the show cause hearing to September 8, 2020 at 1:30 p.m. in Courtroom 18B. William Turbay, Tim Kelly, Richard Rook and Daniel Taylor must appear and show cause why they should not be held in contempt. In order to prepare for the show cause hearing, the court further ORDERS Save AiLV and/or William Turbay, Tim Kelly, Richard Rook and Daniel Taylor to file an accounting of any and all receipts and disbursements of Save AiLV from March 28, 2019 forward. This accounting must be filed on or before 12:00 p.m., noon on August 10, 2020. On or before 12:00 p.m., noon on August 20, 2020, William Turbay, Tim Kelly, Richard Rook and Daniel Taylor must file a notice stating whether they intend to represent themselves at the September 8th show cause hearing and whether they have retained counsel to represent Save AiLV. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 7/21/2020. (D,JJ)
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| Filing 594 Letter filed by William J Ramsey. (W,CM) |
| Filing 593 Statement of Interest Concerning the Art Institute of Las Vegas filed by United States. (Attachments: #1 Exhibit 1 - Court email, May 20, 2020, #2 Exhibit 2 - AiLV 1st HCM2 request, May 8, 2019, #3 Exhibit 3 - AiLV 2nd HCM2 request, Oct. 1, 2019, #4 Exhibit 4 - Education letter to Receiver, Aug. 16, 2019, #5 Exhibit 5 - Education Closed School Notice re AiLV, Jan. 6, 2020, #6 Exhibit 6 - Education email to counsel for Receiver, July 20, 2020, #7 Exhibit 7 - Department of Justice letter to counsel for Receiver, April 8, 2019)Related document(s) #571 , #581 , #578 , #584 .(Kresse, John) |
| Filing 592 Emergency Motion by Howard & Howard Attorneys PLLC to withdraw as attorney for Save the Art Institute of Las Vegas Limited and for Other Relief filed by Plaintiff/Intervenor Save the Art Institute of Las Vegas Limited. (Attachments: #1 Brief in Support of Motion to Withdraw, #2 Exhibit A - Declaration of Gwen Rutar Mullins, #3 Exhibit B - Proposed Order)(Graziani, Robert) |
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Filing 591
Order to Show Cause. On July 16, 2020, the receiver, Mark Dottore, filed a motion for an order (ECF Doc. #590 ) requiring Save the Art Institute of Las Vegas Limited ("Save AiLV"), William Turbay, Tim Kelly, Richard Rock and Daniel Taylor to show cause why the should not be held in contempt for violating this Court's order approving the Asset Purchase Agreement. ECF Doc. #405 . Save AiLV, William Turbay, Tim Kelly, Richard Rock and Daniel Taylor must file any responses to the receiver's motion to show cause on or before July 30, 2020. The court will conduct a show cause hearing on August 3, 2020 at 2:30 p.m., or immediately following the hearing scheduled for 2:00 p.m. on August 3, 2020, which is also related to the dispute between the receiver and the representatives for Save AiLV. Signed by Judge Dan Aaron Polster on 7/16/2020. (K,K)
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| Filing 590 Motion For an Order requiring Save the Art Institute of Las Vegas Limited, William Turbay, Tim Kelly, Richard Rock, and Daniel Taylor to Show Cause as to why they should not be held in Contempt, filed by Receiver Mark E. Dottore. (Attachments: #1 Brief in Support)(Berkson, Hugh) |
| Filing 589 Response to #581 Notice of Responding to the Department of Education's Letter of May 7, 2020 filed by Michelle Vietmeier. (W,CM) Modified on 7/14/2020 (W,CM). |
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Filing 588
Order granting Consent Motion to dismiss interested party California Department of Consumer Affairs (Bureau for Private Postsecondary Education) without prejudice. Related Doc #587 . Magistrate Judge Thomas M. Parker on 7/10/2020.(D,JJ)
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| Filing 587 Consent Motion to dismiss party California Department of Consumer Affairs, Bureau for Private Postsecondary Education filed by Interested Party California Department of Consumer Affairs. (Attachments: #1 Proposed Order)(Rust, Craig) |
| Filing 586 Sixth Monthly Report Pursuant to this Court's December 11, 2019 Order filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts and Disbursement Summary, #3 Exhibit C - Monthly Cash Flow, #4 Exhibit D - Receipts and Disbursements)Related document(s) #505 .(Whitmer, Mary) |
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Filing 585
Order For the reasons stated in the Order, Akway's Motion to show cause is denied. (Related Doc #579 ) Signed by Judge Dan Aaron Polster on 6/29/2020.(K,K)
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| Copy of #585 Order on Motion to show cause mailed to Didumu O. Akway at P.O. Box 8207, Phoenix, AZ 85066-8207 on 6/29/2020. (K,K) |
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Filing 584
Order On June 17, 2020, Receiver Mark Dottore ("the receiver") filed a response to the United States' Notice of May 7, 2020, Letter from Department of Education ("DOE") to Receiver. ECF Doc. #581 . The DOE requested an extension to respond to the receiver, and the receiver does not object to the requested extension. Accordingly, the DOE must file any reply on or before 4:00 p.m. on July 20, 2020. The court hereby reschedules the status conference related to the DOE's May 7th letter to August 4, 2020 at 3:00 p.m. The status conference will be conducted by video conference. Counsel and representatives for the receiver and the DOE should plan to attend as should a representative for the Art Institutes of Las Vegas. Signed by Judge Dan Aaron Polster on 6/18/2020. (K,K)
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| Filing 583 Notice of Responding to Raheem R. Furson's June 4, 2020 Letter filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Receiver's Response to R. Furson's June 4, 2020 Letter)(Whitmer, Mary) |
| Filing 582 Notice of Responding to Didumu O. Akway's Motion for an Order [Dkt. No. #579 ] filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Letter to Credit Reporting Agencies with Enclosures)Related document(s) #579 .(Whitmer, Mary) |
| Filing 581 Notice of Responding to the Department of Education's Letter of May 7, 2020, filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Receiver's Response to DOE's Letter of May 7, 2020) Related document(s) #571 .(Whitmer, Mary) |
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Filing 580
Order Due to the participants' inability to agree on the time, place and other details of the meeting, the court orders as follows: 1)The receiver is not required to submit to the meeting being recorded; 2) The deadline for completing the meeting is continued to July 20, 2020. The receiver will be responsible for notifying the court if the participants have met in accordance with the court's order; and 3)If the parties' disagreement on the details of the meeting prevents them from meeting as ordered by the court, the court will conduct a hearing on August 3, 2020 at 2:00 p.m. at the Carl B. Stokes U.S. Courthouse, Courtroom 18B. The receiver and representatives will be required to attend the hearing in person. They must wear masks and practice social distancing. Signed by Judge Dan Aaron Polster on 6/12/2020. (K,K)
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| Filing 579 Motion to show cause pursuant to Rule 7065 and Rule 9014 of the Federal Rules of Bankruptcy Procedure for the issuance of a mandatory injunction compelling debtor, Dream Center Education Holdings, immediately restore the status quo filed by Interested Party Didumu O. Akway. (Attachments: #1 2/10/2020 letter, #2 2/28/2020 letter, #3 envelope)(O,K) |
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Filing 578
Order: On or before 4:00 p.m. on June 17, 2020, Receiver Mark Dottore ("the receiver") must file a response to the United States' Notice of May 7, 2020, Letter from Department of Education ("DOE") to Receiver. ECF Doc. #571 . Any replies by the DOE must be filed on or before 4:00 p.m. on June 19, 2020. The court reschedules the status conference related to the DOE's May 7th letter to June 23, 2020 at 11:00 a.m. The status conference will be conducted by video conference. Instructions for participating via video conference will be separately e-mailed to the parties. Counsel and representatives for the receiver and the DOE should plan to attend as should a representative for the Art Institutes of Las Vegas. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 6/9/2020. (D,JJ)
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| Filing 577 Supplemental Response Regarding the State of Nevada, Commission on Postsecondary Education's Position Statement Concerning the Receiver's Payment Plan filed by Mark E. Dottore. Related document(s) #555 . (Whitmer, Mary) |
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Filing 576
Order: Based on communication from the receiver and the DOE, additional time will be required before the court confers concerning the issues addressed in the order entered May 18, 2020. ECF Doc. #572 . Therefore, the court vacates its earlier order (ECF Doc. #572 ) setting this matter for a status conference on June 3, 2020. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 5/29/2020. (D,JJ)
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| Filing 575 Fifth Monthly Report of the Receiver Pursuant to This Court's December 11, 2019 Order filed by Mark E. Dottore. (Attachments: #1 Exhibit Inventory of Assets, #2 Exhibit Cash Receipts and Disbursements Summary, #3 Exhibit Cash Flow, #4 Exhibit Receipts and Disbursements)Related document(s) #505 .(Whitmer, Mary) |
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Order [non-document]: On April 15, 2020, the court ordered the receiver to meet with representatives for the Art Institute of Las Vegas ("Ai LV") to devise a concrete plan to jointly seek funds from the Department of Education to compensate the Ai LV employees. ECF Doc. #562 . The deadline for this meeting was initially May 15, 2020, but was later extended to June 14, 2020, at the receiver's request. The court hereby clarifies its view concerning the meeting that will take place between the receiver and representatives of Ai LV: 1) due to travel constraints caused by the COVID -19 pandemic, the receiver may meet with representatives of Ai LV by telephone or video conference and will not be required to meet in person; 2) the receiver is not required to meet with Ai LV representatives in a public hearing; 3) among the purposes of the conference between the receiver and Ai LV representatives is to determine: a) how much is owed to Ai LV employees for work performed during the receivership period; b) whether the receiver, Ai LV, or Save the Art Institute of Las Vegas received any revenue that was or could have been designated for Ai LV salaries during the receivership period; and c) how any such revenue was used. The court directs the receiver and Ai LV representatives to submit a joint report to the court containing this information as soon as possible and not later than June 19, 2020. Magistrate Judge Thomas M. Parker on 5/28/2020. (D,JJ)
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| Filing 574 Response and Objection to #569 Motion for extension of Time to Meet with the Administration and Staff of The Art Institute of Las Vegas until June 14, 2020 filed by Save the Art Institute of Las Vegas Limited. (Attachments: #1 Cover Letter)(W,CM) |
| Filing 573 Response of the Receiver to the Opposition to Motion for Extension of Time Filed by Administration and Staff of the Art Institute of Las Vegas, filed by Mark E. Dottore. Related document(s) #570 . (Whitmer, Mary) |
| Filing 572 VACATED AS TO 6/3/2020 STATUS CONFERENCE, Per Order ECF Doc. #576 . Order: On or before 4:00 p.m. on May 28, 2020, Receiver Mark Dottore ("the receiver") must file a response to the United States' Notice of May 7, 2020, Letter from Department of Education ("DOE") to Receiver. ECF Doc. #571 . The court will conduct a status conference related to the DOE's May 7th letter on June 3, 2020 at 10:00 a.m. The status conference will be conducted by video conference. Instructions for participating via video conference will be separately e-mailed to the parties. Counsel and representatives for the receiver and the DOE should plan to attend. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 5/18/2020. Modified to vacate status conference on 5/29/2020 (D,JJ). |
| Filing 571 Notice of May 7, 2020, Letter from Department of Education to Receiver filed by United States. (Attachments: #1 Exhibit 1 - Dept of Education May 7, 2020 letter to Receiver)Related document(s) #569 .(Kresse, John) |
| Filing 570 Opposition to Receiver's #569 Motion for extension of Time to Meet with the Administration and Staff of The Art Institute of Las Vegas until June 14, 2020 filed by Administration and Staff of the Art Institute of Las Vegas. (D,JJ) |
| Filing 569 Motion for extension of Time to Meet with the Administration and Staff of The Art Institute of Las Vegas until June 14, 2020 filed by Receiver Mark E. Dottore. Related document(s) #562 . (Whitmer, Mary) |
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Order [non-document] granting the Receiver Mark E. Dottore's #569 Motion for extension of time until June 14, 2020 to meet with the Administration and Staff of The Art Institute of Las Vegas. Magistrate Judge Thomas M. Parker on 5/15/2020. (D,JJ)
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| Filing 568 Notice of Substitution of Counsel removing attorney Clare C. Moran filed by on behalf of Fluorine,LLC. (Moran, Clare) |
| Filing 567 Supplement to its Position Statement concerning Receiver's payment plan , filed by State of Nevada Commission on Postsecondary Education. Related document(s) #555 . (Attachments: #1 Exhibit List of Students Identified for Potential Refund)(Whitney, Robert) |
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Order [non-document]: In response to the court's order (ECF Doc. #559 ), the Attorney General of Nevada filed, on behalf of the Nevada Commission on Postsecondary Education, a report indicating as many as 27 students at the former Art Institute of Nevada may be due some kind of refund (ECF Doc. #567 ). In light of that filing, the court hereby orders the receiver to: (i) confer with Nevada representatives in order to assess the validity of Nevada's claims, (ii) to determine the total amount of potential refunds due and, (iii) to file an update indicating whether this claimed liability affects his earlier-filed (ECF Doc. #543 ) plan for payment of fees and expenses of the receiver. Said update shall be filed not later than 30 days from the date of this order. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/30/2020. (D,JJ)
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| Filing 566 Fourth Status Report Filed Pursuant to This Court's December 11, 2019 Order filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets, #2 Exhibit B - Cash Receipts & Disbursements Summary, #3 Exhibit C - Weekly Cash Flow, #4 Exhibit D - Receipts and Disbursements)Related document(s) #505 .(Whitmer, Mary) |
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Order [non-document]: Based on the receiver's notification of the HLC decision (ECF Doc. #565 ), the court's March 23, 2020 order is hereby dissolved. There is no further reason to delay enforcement of the court's March 23, 2020 order. ECF Doc. #554 . Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/25/2020. (D,JJ)
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| Filing 565 Status Report Regarding HLC Decision filed by Mark E. Dottore. Related document(s) #554 , #564 .(Berkson, Hugh) |
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Order [non-document]: Receiver Mark E. Dottore's motion to delay (ECF Doc. #564 ) enforcement of the March 23, 2020 order (ECF Doc. #554 ) is hereby GRANTED for an initial period of 28 days. The Court orders the receiver to promptly advise the Court of any action or decisions made by the Higher Learning Commission ("HLC"). If no action is taken by the HLC, the stay order will be promptly dissolved. Magistrate Judge Thomas M. Parker on 4/23/2020. (D,JJ)
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| Filing 564 Motion to Delay Enforcement of the March 23, 2020 Order Granting the Joint Motion #547 to Amend the December 5, 2019 Order #501 filed by Receiver Mark E. Dottore. Related document(s) #554 . (Berkson, Hugh) |
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Order [non-document]: Plaintiff/Intervenor State of Nevada Commission on Postsecondary Education's motion for 10 more business days to supplement its position statement (ECF Doc. #563 ) is hereby granted. Magistrate Judge Thomas M. Parker on 4/20/2020. (D,JJ)
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| Filing 563 Motion for extension of time until May 1, 2020 to respond to the Court's order issued on 4/7/2020, filed by Plaintiff/Intervenor State of Nevada Commission on Postsecondary Education. Related document(s) #559 . (Whitney, Robert) |
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Filing 562
Order: The court hereby orders the receiver to meet with the authors of ECF Doc. #561 to devise a concrete plan to jointly seek funds from the Department of Education to compensate the employees of Ai LV for work done during the pendency of this receivership and/or to otherwise resolve this dispute. The receiver must meet with the Ai LV individuals on or before May 15, 2020. In light of the COVID-19 restrictions, the receiver may schedule his meeting with the Ai LV representatives by video or telephone. Within one week of the meeting, the receiver must file a report of the parties' meeting indicating the plan the parties have reached. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 4/15/2020. (D,JJ)
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| Filing 561 Reply to #542 Receiver's Response from interested party, Administration and Staff of the Art Institute of Las Vegas. (Attachments: #1 Exhibit A - Letters from Administration and Staff, #2 Exhibit B - Email from Aaron D. Lacey, #3 Exhibit C - State of Nevada Employment Security Division meeting minutes, #4 Exhibit D - Wire Transfer Request, #5 Exhibit E - Email from Kelly D Wuest, #6 Exhibit F - Letter to Receiver from State of Nevada, Commission on Postsecondary Education, #7 Exhibit I - Notes from the Registrar, #8 Exhibit L - Letter from Office of the Labor Commissioner) (K,K) |
| Filing 560 Reply to #542 Receiver's Response filed by interested party, Michelle Vietmeier. (K,K) Notice regenerated on 4/15/2020 (K,K). |
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Filing 559
Order: The court hereby orders Nevada to file a supplement to its position statement indicating whether it has the names of specific students who are owed student stipends by the Art Institute of Las Vegas or by the receiver from January 2019 through December 2019. Said supplemental position statement shall be filed not later than April 17, 2020. Magistrate Judge Thomas M. Parker on 4/7/2020. (D,JJ)
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| Filing 558 Response to State of Nevada, Commission on Postsecondary's Position Statement Concerning the Receiver's Payment Plan filed by Mark E. Dottore. Related document(s) #555 . (Whitmer, Mary) |
| Filing 557 Third Status Report of the Receiver , filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Inventory of Assets, #2 Exhibit B - Cash Receipts and Disbursements Summary, #3 Exhibit C - Monthly Cash Flow, #4 Exhibit D - Receipts and Disbursements)Related document(s) #505 .(Whitmer, Mary) |
| Filing 556 Motion for extension of time until April 14, 2020 to reply to ECF Doc. #542 filed by Interested Party Administration and Staff of the Art Institute of Las Vegas. (D,JJ) |
| Filing 555 Position Statement Concerning the Receiver's Payment Plan filed by State of Nevada Commission on Postsecondary Education. Related document(s) #543 .(Whitney, Robert) |
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Order [non-document] granting Interested Party Administration and Staff of the Art Institute of Las Vegas's #556 Motion for extension of time until April 14, 2020 to reply to ECF Doc. #542 . Magistrate Judge Thomas M. Parker on 3/30/2020. (D,JJ)
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Filing 554
Order: The Joint Motion (ECF Doc. #547 ) to Amend the December 5, 2019 Order (ECF Doc. #501 ) is GRANTED as set forth herein, rendering moot the motions to modify, alter or amend the Bar Order (ECF Doc. #513 , ECF Doc. #515 ), and they are accordingly DENIED AS MOOT. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 3/23/2020. Counsel are directed to read the attached Order for additional information. (D,JJ)
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| Filing 553 True Copy of Order from USCA for the Sixth Circuit: Dismissing the appeal pursuant to 42(b) as to #522 (USCA # 20-3059). Date issued by USCA 3/23/2020. (S,AN) (S,AN) |
| Filing 552 True Copy of Order from USCA for the Sixth Circuit: Dismissing the appeal pursuant to 42(b) as to #520 (USCA # 20-3058). Date issued by USCA 3/23/2020. (S,AN) (S,AN) |
| Filing 551 True Copy of Order from USCA for the Sixth Circuit: Dismissing the appeal pursuant to 42(b) as to #511 (USCA # 20-3053). Date issued by USCA 3/23/2020. (S,AN) |
| Filing 550 Settlement Administrator's Notification of Consent filed by Thomas J Perrelli. Related document(s) #546 , #547 .(Hauck, Brian) |
| Filing 549 Response to #547 Agreed Joint Motion Requesting the Entry of an Order (i) Approving the Proposed Amendment to the Bar Order, (ii) Authorizing the Assignment of the HLC Student Loan Receivables Pursuant to the filed by National Student Legal Defense Network, Stephanie Porreca, Megan Tuyls. (Hagan, Eleanor) |
| IMPORTANT Notice [non-document]: The hearing scheduled for March 30, 2020 at 10:00 AM in Courtroom 18B is hereby CANCELLED. Related document(s) #535 , #554 . Magistrate Judge Thomas M. Parker. (D,JJ) |
| Filing 548 Response to #547 Agreed Joint Motion Requesting the Entry of an Order (i) Approving the Proposed Amendment to the Bar Order, (ii) Authorizing the Assignment of the HLC Student Loan Receivables Pursuant to the ..., and (iii) Approve HLC Student Loan Forgiveness, filed by State of Illinois. (Huszagh, Richard) |
| Filing 547 Agreed Joint Motion Requesting the Entry of an Order (i) Approving the Proposed Amendment to the Bar Order, (ii) Authorizing the Assignment of the HLC Student Loan Receivables Pursuant to the Terms of the Assignment Agreement; (iii) Approving the HLC Student Loan Forgiveness; and (iv) Granting Such Other and Further Relief filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Assignment Agreement, #2 Exhibit B - Tuition Options Letter, #3 Exhibit C - Order)(Carr, Maria) s/ by M. Colette Gibbons Modified text on 3/24/2020 (S,SR), |
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Filing 546
Order: The court hereby extends the deadline to advise the court whether an agreement has been reached that would: (i) resolve all issues involved in the various motions to alter or amend the December 5 order and (ii) require the dismissal of any interlocutory appeals that have been filed concerning that order. The deadline is extended to Monday, March 23, 2020 at 12:00 PM, noon. No further extension will be granted. Related documents #513 , #515 . Magistrate Judge Thomas M. Parker on 3/20/2020. (D,JJ)
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| Filing 545 Response to Objections to the Bar Order filed by Studio Enterprise Manager, LLC. Related document(s) #501 . (Carr, Maria) |
| Filing 544 Response to #514 Memorandum in Support of Illinois and Colorado Attorney General's Motion to modify December 5, 2019 order to delete relief against them, #513 Motion to modify December 5, 2019 Order to delete relief against them, #515 Motion to alter/amend judgment December 5, 2019 Order, #521 Notice of Filing of Original Declaration of Megan Tuyls filed by Mark E. Dottore. (Ehrman, James) |
| Filing 543 Receiver's Plan for Payment of the Receiver's Fee Applications and the Fee Applications of His Outside Counsel filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Amounts Billed and Paid to Date, #2 Exhibit B - Money Owed by the DOE)Related document(s) #540 .(Whitmer, Mary) |
| Filing 542 Response to the Administration and Staff of the Art Institute of Las Vegas Notice of Dispute filed by Mark E. Dottore. Related document(s) #536 . (Attachments: #1 Exhibit A - Memorandum of Understanding, #2 Exhibit B - Transition Services Agreement, #3 Exhibit C - Managed Services Agreement, #4 Exhibit D - Asset Purchase Agreement, #5 Exhibit E - Letter from Accrediting Council for Independent Colleges and Schools (ACICS) requiring Ai Las Vegas to Show Cause dated 1/9/2019, #6 Exhibit F - Letter and Visit Report from ACICS dated 7/19/2019, #7 Exhibit G - Letter from ACICS dated 8/30/2019, #8 Exhibit H - Letter from ACICS dated 11/12/2019 requiring in-person hearing, #9 Exhibit I - Save Ai's Opening Statement by Roger Swartzwelder, Attorney for Save the Art Institute, for 12/10/2019 show cause hearing, #10 Exhibit J - Letter from ACICS dated 12/18/2019, #11 Exhibit K - Letter from Nevada Dept. of Employment, Training and Rehabilitation (ODETR) dated 7/31/2019, #12 Exhibit L - Letter from Kelly Wuest, Commission on Post-Secondary Education dated 8/6/2019, #13 Exhibit M - Email from Kelly Wuest dated 9/5/2019, #14 Exhibit N - Letter from ODETR dated 9/23/2019, #15 Exhibit O - Letter from Mark E. Dottore, Receiver, dated 12/11/2019, #16 Exhibit P - Letter from US Department of Education, #17 Exhibit Q - Letter from ODETR dated 12/13/2019, #18 Exhibit R - Letter from ODETR dated 12/18/2019, #19 Exhibit S - Letter from The Art Institute of Las Vegas dated 7/3/2019, #20 Exhibit T - Irrevocable Direction Letter Regarding Certain Accounts Receivable dated 2/27/2019, #21 Exhibit U - Save the Art Institute's Limited Objection and Response to Joint Motion of the Receiver and Studio filed 11/7/2019, #22 Exhibit V - Emails from Mary K. Whitmer, Attorney for Receiver, dated 8/6/2019 and 9/12/2019, #23 Exhibit W - Emails regarding providing documents to Save Ai, #24 Exhibit X - Consolidated Financial Statements for fiscal year ended 6/30/2018, #25 Exhibit Y - Transaction detail concerning Receiver's Advances) (Whitmer, Mary) |
| Filing 541 Motion for extension of time until 03/13/2020 to Respond filed by Receiver Mark E. Dottore. Related document(s) #536 . (Whitmer, Mary) |
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Order [non-document] granting Receiver Mark E. Dottore's #541 Motion for extension of time until 3/13/2020 to respond to the Notice filed by the Administration and Staff of the Art Institute of Las Vegas (ECF Doc. #536 ). Magistrate Judge Thomas M. Parker on 3/6/2020. (D,JJ)
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Filing 540
Order: Before the court can approve the receiver's fee applications (ECF Docs. #538 and #539 ), the receiver must file a plan of payment explaining the source of funds the receiver anticipates using for payment of his fees and expenses and to pay the fees and expenses of his outside counsel. The receiver's plan for payment must be filed on or before March 16, 2020. Any party, intervenor and/or interested case participant must file statements of position and/or objections concerning the fee and expense motions and the payment plan filing on or before March 31, 2020. Magistrate Judge Thomas M. Parker on 3/3/2020. (D,JJ)
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| Filing 539 Motion an Order Approving the Second Application of Whitmer & Ehrman LLC, McCarthy Lebit Crystal & Liffman Co., LPA, Diamond McCarthy LLP and Fletcher, Heald & Hildreth, Attorneys for Mark E. Dottore, Receiver, for Compensation and Reimbursement of Expenses filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Whitmer & Ehrman LLC's Fee Bill, #2 Exhibit B - McCarthy, Lebit's Fee Bill, #3 Exhibit C - Diamond McCarthy's Fee Bill, #4 Exhibit D - Fletcher, Heald Fee Bill)(Whitmer, Mary) |
| Filing 538 Motion an Order Approving the Application of Mark E. Dottore, Receiver for Fees and Expenses for the Period of May 11, 2019 through December 31, 2019 filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Invoice for Fees & Expenses)(Whitmer, Mary) |
| Filing 537 Second Monthly Report Filed Pursuant to Local Rule 66.1, filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Assets, #2 Exhibit B - Cash Receipts and Disbursements, #3 Exhibit C - Actual Cash Flow, #4 Exhibit D - Check Book Register)Related document(s) #505 .(Whitmer, Mary) |
| Filing 536 Notice of Dispute with Receiver filed by Adam Lorey. (W,CM) |
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Filing 535
Agreed Order The Court hereby extends the briefing schedules on the Non-party State AGs' motion to alter/amend (ECF Doc. #513 ), and on Intervenor Student, Non-Intervenor Student, and NSLDN's motion to alter/amend (ECF Doc. #515 ). The Receiver's and Studio's responses shall be filed on or before 4:00 p.m. on March 19, 2020. Any replies must be filed on or before 12:00 noon on March 27, 2020. The deadline for submitting proposed orders is also 12:00 noon on March 27, 2020. The hearing is scheduled for March 30, 2020, 10:00 a.m. in Courtroom 18B. If the Bar Order Disputants are able to reach a settlement, they may inform the Court and request that the hearing be cancelled. The HLC Student Loan Forgiveness process in the Bar Order (ECF Doc. #501 ) is also stayed until March 30, 2020. (Related document #534 ) Signed by Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 2/18/2020.(K,K)
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| Filing 534 Motion for 30-day extension of the briefing schedule on the motions to alter/amend the bar order until March 19, 2020, filed by Interested Party State of Illinois. Related document(s) #513 , #515 , #518 . (Attachments: #1 Proposed Order)(Huszagh, Richard) |
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Filing 533
Order granting #532 Agreed Motion to extend briefing deadlines. The hearing scheduled for 2/11/2020 is hereby RESCHEDULED for 2/25/2020 at 10:00 AM in Courtroom 18B. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 2/4/2020. (D,JJ)
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| Filing 532 Motion for two-week extension of the briefing schedule on the motions to alter/amend the bar order, filed by Interested Party State of Illinois. Related document(s) #513 , #515 , #518 . (Attachments: #1 Proposed Agreed Order)(Huszagh, Richard) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 531 Notice of Substitution of Counsel removing attorney Danielle A. Pham and adding attorney John R. Kresse filed by United States. (Kresse, John) |
| Filing 530 Status Report for first monthly report filed pursuant to Local Rule 66.1, filed by Mark E. Dottore. (Attachments: #1 Exhibit A -Receivership Inventory of Assets as of December 31, 2019, #2 Exhibit B - Receivership Cash Receipts and Cash Disbursements Summary, #3 Exhibit C - Receivership Actual Cash Flow, #4 Exhibit D - Receivership Check Register May, 2019 through December, 2019)Related document(s) #505 .(Whitmer, Mary) |
| Filing 529 Status Report of inventory of property and assets filed pursuant to this Court's Order of December 11, 2019, filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Inventory of Property and Assets)Related document(s) #505 .(Whitmer, Mary) |
| Filing 528 Status Report filed pursuant to this Court's December 11, 2019 Order, filed by Mark E. Dottore. Related document(s) #505 .(Whitmer, Mary) . |
| Filing 527 Response to Order to Show Cause submitted by counsel for Non-Party, Non-Intervenor Megan Tuyls filed by Megan Tuyls. Related document(s) #526 . (Gurbst, Richard) |
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Filing 526
Order to Show Cause: The court hereby ORDERS counsel for Megan Tuyls to show cause by January 30, 2020 why certain documents (as further described in this Order) should not be stricken from the docket of the court. Magistrate Judge Thomas M. Parker on 1/22/2020. (D,JJ)
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Filing 525
Order granting Non-Party Offices of the Attorneys General of Colorado and Illinois, Settlement Administrator Thomas J. Perrelli; Intervenor Stephanie Porreca; National Student Legal Defense Network; Studio Enterprise Manager, LLC; and the Receiver, Mark E. Dottore's #524 Agreed Motion for Extension of Time to file Response/Reply. See Order for Details. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 1/22/2020. (D,JJ)
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Order [non-document] granting Adam Lorey's Motion to intervene as a party. (Related Doc #517 ). Magistrate Judge Thomas M. Parker on 1/22/2020. (D,JJ)
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| Filing 524 Motion for extension of the briefing schedule on the Motions to alter/amend the bar order, filed by Interested Party State of Illinois. Related document(s) #513 , #515 . (Attachments: #1 Proposed Order)(Huszagh, Richard) |
| Acknowledgment from the USCA for the Sixth Circuit of receipt of #520 Notice of Appeal (USCA# 20-3058). Date filed in USCA 1/14/2020. (S,AN) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #522 Notice of Appeal (USCA# 20-3059). Date filed in USCA 1/14/2020. (S,AN) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #511 Notice of Appeal (USCA# 20-3053). Date filed in USCA 1/14/2020. (S,AN) |
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Filing 523
Order: The court hereby sua sponte extends the deadline for the receiver and Studio Enterprise Manager, LLC, ("Studio") to file a response to the motion to alter/amend filed by non-parties, Illinois and Colorado Attorneys General (ECF Doc. #513 ) and the motion to alter/amend judgment filed by intervenor, Stephanie Porreca. ECF Doc. #515 . The receiver and Studio's response must be filed on or before 4:00 p.m. on January 21, 2020. Any replies must be filed on or before 5:00 p.m. on January 27, 2020. The deadline for submitting proposed orders is hereby extended to 12:00 noon on January 27, 2020. The hearing scheduled for January 28, 2020 at 10:00 a.m. in Courtroom 18B is CONFIRMED. Magistrate Judge Thomas M. Parker on 1/14/2020. (D,JJ)
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| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 522 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #501 Order of 12/5/2019, filed by Stephanie Porreca, Megan Tuyls, National Student Legal Defense Network. (Filing fee $505, receipt number 0647-9707044) (Gurbst, Richard) |
| Filing 521 Notice of Filing of Original Declaration of Megan Tuyls filed by Stephanie Porreca. (Attachments: #1 Declaration of Megan Tuyls in Support of Motion to Alter or Amend Studio Bar Order)Related document(s) #515 .(Gurbst, Richard) |
| Filing 520 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #501 Order of 12/5/19, filed by State of Illinois. (Filing fee $505, receipt number 0647-9706737) (Huszagh, Richard) |
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Filing 519
Order granting, in part, Studio Enterprise Manager, LLC's Motion to stay HLC Student Loan Forgiveness process (Related Doc #518 ); and requiring further briefing on the motions challenging the court's December 5, 2019. (See attached order for details and deadlines). A hearing is hereby on the motions to alter/amend filed by the Illinois and Colorado Attorneys General (ECF Doc. #513 ) and Stephanie Porreca (ECF Doc. #515 ) for January 28, 2020 at 10:00 AM in Courtroom 18B. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 1/6/2020. (D,JJ)
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| Filing 518 Motion to stay HLC Student Loan Forgiveness filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. Related document(s) #501 , #449 . (Gibbons, M.) |
| Filing 517 Motion to intervene as a party filed by Interested Party Adam Lorey. (Attachments: #1 Art Institute Non-Payment Breakdown)(W,CM) |
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Filing 516
Order: On or before January 13, 2020, Receiver Mark E. Dottore and Studio Enterprise Manager, LLC, must file a response to the motion to alter/amend filed by non-parties, Illinois and Colorado Attorneys General (ECF Doc. #513 ) and the motion to alter/amend judgment filed by intervenor, Stephanie Porreca (ECF Doc. #515 ). Magistrate Judge Thomas M. Parker on 1/3/2020. (D,JJ)
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| Filing 515 Motion to alter/amend judgment December 5, 2019 Order filed by Plaintiff/Intervenor Stephanie Porreca, Megan Tuyls, National Student Legal Defense Network. (Related document(s) #501 ). (Attachments: #1 Brief in Support, #2 Exhibit A - Porreca Letter -12.20.19 Letter re Stephanie Porreca Loans, #3 Exhibit B - Tuyls Declaration (s/signature) with exhibits, #4 Exhibit C - ECA Claims Process) (Gurbst, Richard) |
| Filing 514 Memorandum in Support of Illinois and Colorado Attorney General's Motion to modify December 5, 2019 order to delete relief against them, filed by Interested Party State of Illinois. Related document(s) #513 . (Huszagh, Richard) |
| Filing 513 Motion of Illinois and Colorado Attorneys General to modify December 5, 2019 Order to delete relief against them, filed by Interested Party State of Illinois. (Huszagh, Richard) |
| Filing 512 Transcript of Proceedings held on 12/3/2019 before District Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker. To obtain a copy of this transcript please contact court reporter Sarah Nageotte at Sarah_Nageotte@ohnd.uscourts.gov. [37 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 1/9/2020. Redaction Request due 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. Related document(s) #510 . (N,SE) |
| Filing 511 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to #501 Order on Motion for order,, by Thomas J Perrelli. ( Filing fee $ 505 receipt number 0647-9702340.). (Hauck, Brian) |
| Filing 510 Non-Appeal Transcript Order Form for proceedings held on 12/03/2019 before Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker, Court Reporter: Sarah Nageotte. Requested completion date: 01/06/2020 filed by Thomas J Perrelli. (Hauck, Brian) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Richard Huszagh for Interested Party State of Illinois. 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 #509 ). Approved by Judge Dan Aaron Polster on 12/30/2019.(K,K)
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| Filing 509 Motion for attorney Richard Huszagh to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660120034, filed by Interested Party State of Illinois. (Attachments: #1 Certificate of Good Standing)(W,CM) (Additional attachment(s) added on 12/30/2019: #2 Corrected Main Document) (W,CM). |
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Filing 508
Order approving Intervening Tech Park 6, LLC and the Receiver's agreed order to surrender possession of premises and related relief. Related Doc #506 . Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/27/2019. (D,JJ)
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| Filing 507 Opposition to #506 Second Emergency Request For Immediate Enforcement Of The Order Surrendering Possesion Of Premises, filed by Mark E. Dottore. (Stefancin, Robert) |
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Order: [non-document] On or before noon on Tuesday, December 24, 2019, the receiver must file a response to Intervenor Tech Park 6, LLCs emergency motion to enforce - Second Emergency Request For Immediate Enforcement Of The Order Surrendering Possession Of Premises, ECF Doc. #506 , or certify that the outstanding rent through the date of closing the Art Institute of Las Vegas has been paid to Tech Park 6, LLC and that the emergency motion is moot. Related Doc. #506 . Magistrate Judge Thomas M. Parker on 12/20/2019. (S,MD)
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| Filing 506 Second Emergency Request For Immediate Enforcement Of The Order Surrendering Possesion Of Premises - filed by Intervenor Tech Park 6, LLC. Related document(s) #406 . (Attachments: #1 Exhibit A - Proposed Order)(Chesley, Richard) |
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Filing 505
Order: Within 60 days of this order, the Receiver must file an inventory of all the property and assets in the receiver's possession, or in the possession of others who hold possession as his or her agent, and in a separate schedule an inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others. The receiver must also file reports of his and his associates and/or agents' receipts and expenditures and of acts and transactions in an official capacity from January 31, 2019 through December 31, 2019. This report must be filed on or before January 31, 2020. Thereafter, the receiver must file monthly reports of his and his associates' and/or agents' receipts and expenditures and of acts and transactions in an official capacity in compliance with the requirements of Local Rule 66.1(b). The receiver will be required to file his monthly reports on the last business day of each calendar month. On or before January 31, 2020, the receiver must also file an itemized list of all the actions he now contemplates taking until the termination of the receivership. This first report of remaining actions should include his plan for resolving U.S. Department of Educations requirement for close-out audits. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/11/2019. (D,JJ)
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| Filing 504 Notice of Withdrawal of the State of Nevada, Commission on Postseconary Education's Motion for the Limited Lifting of Receivership Stay filed by State of Nevada Commission on Postsecondary Education. Related document(s) #481 .(Whitney, Robert) |
| Filing 503 Response to #481 Motion to lift stay filed by Save the Art Institute of Las Vegas Limited. (Attachments: #1 Exhibit 1 - Declaration of Brian Neidlinger)(Mullins, Gwen) |
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Filing 502
Order: For good cause shown, the court hereby GRANTS, in part, the receivers motion for an order approving payment of his receiver fees and expenses incurred from January 18, 2019 through May 10, 2019 (Related Doc. #333 ), and his motion for an order approving his payment of outside counsel fees and expenses incurred during the same period. (Related Doc. #334 ). Signed by Magistrate Judge Thomas M. Parker on 12/06/2019.(S,MD)
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Filing 501
Order: Studio Enterprise Manager, LLC's Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations For Students Who Were The Victims Of Misrepresentations Made By DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) For Such Other Relief as is Appropriate, as further described in this order, is hereby GRANTED. (Related Doc #449 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/5/2019. (D,JJ)
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| Filing 500 Reply to Studio's Response (DKT.497) to Intervenors' Supplement (DKT. 496) to their Response (DKT. 486) to Studio's Motion for a Bar Order and Other Relief (DKT. 449) filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #496 , #497 , #486 , #449 . (Gurbst, Richard) |
| Filing 499 Status Report Updated Financial Information Regarding Cash On Hand Current Payables and Wrap-Up Amounts filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Analysis of Sources and Uses of Funds)(Whitmer, Mary) |
| Filing 498 Response to #449 Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Pe filed by Thomas J Perrelli. (Selby, Richard) |
| Filing 497 Response of Studio Enterprise Manager LLC to the Dunagan Intervenors Supplement to their Response (Docket No. 486) to Studio's Motion for a Bar Order and other Relief (Docket No. 449) filed by Studio Enterprise Manager, LLC. Related document(s) #496 . (Gibbons, M.) |
| Filing 496 Supplement to Response,, Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Pe - Supplement to Dunagan Intervenor's Response (DKT.486) to Studio's Motion for A Bar Order and Other Relief (Dkt. 449), filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #486 , #449 . (Attachments: #1 Exhibit A - Illinois Institute of Art Student Account Ledger, #2 Exhibit B - Tuition Options Account Spreadsheet, #3 Exhibit C - Porrecas Tuition Options Account Page)(Gurbst, Richard) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Victoria A. Guilfoyle for Infor (US), Inc.. 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 #480 ). Approved by Judge Dan Aaron Polster on 12/4/2019.(K,K)
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Filing 495
Order granting Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; and (III) Granting Further Relief (Related Docs. #446 , #489 ). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/3/2019. (D,JJ)
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Filing 494
Order: On or before 12:00 PM on December 4, 2019, Intervenors Emmanuel Dunagan, Jessica Muscari, Robert J. Infusino and Stephanie Porreca ("Dunagan Intervenors") must supplement their response (ECF Doc. #486 ) to Studio's motion to assume (ECF Doc. #449 ) to show whether any of them: (i) received institutional loans from their DCEH institution for the educational period that included January 20, 2018 through June 15, 2018, and (ii) have had any of said loan funds collected by the lending DCEH institution, its successor or Studio Enterprise Manager. Failing to make such a showing may cause the court to overrule such Dunagan Intervenors' objections to Studio's motion for lack of standing. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/3/2019. (D,JJ)
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Filing 493
Order: On May 16, 2019, Receiver Mark E. Dottore moved for an order approving payment of his receiver fees and expenses incurred from January 18, 2019 through May 10, 2019. ECF Doc. #333 . On the same date, the receiver moved for an order approving his payment of outside counsel fees and expenses incurred during the same period. ECF Doc. #334 . In June 2019, the receiver filed amendments to his applications. ECF Doc. #371 and ECF Doc. #372 . Before the court can approve the payment of any requested fees, the court requires the receiver to provide an updated financial statement and/or balance sheet as of November 30th (as set forth in the attached order). Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 12/3/2019. (D,JJ)
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| Filing 492 Notice of Revised Bar Order filed by Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Bar Order, #2 Exhibit B - Redline)Related document(s) #491 , #449 .(Gibbons, M.) |
| Filing 491 Supplement to Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Pe - Second Supplement to Motion of Studio Enterprise Manager, LLC For the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations For Students Who Were The Victims Of Misrepresentations Made By DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) For Such Other Relief as is Appropriate, filed by Studio Enterprise Manager, LLC. Related document(s) #449 . (Gibbons, M.) |
| Filing 490 Withdrawal of the Objection of the California Department of Consumer Affairs, Bureau for Private Postsecondary Education to Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; and (III) Granting Further Relief filed by California Department of Consumer Affairs. Related document(s) #474 .(Rust, Craig) |
| Filing 489 Supplement to Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relie - Supplement to Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; and (III) Granting Further Relief, filed by Studio Enterprise Manager, LLC. Related document(s) #446 . (Attachments: #1 Exhibit A - Sale Order)(Gibbons, M.) |
| Filing 488 Notice of Withdrawal of Save The Art Institute's Limited Objection And Response To Joint Motion Of the Receiver And Studio Enterpirse Manager, LLC's (I) Authorizing The Sale Of Share Assets Free And Clear Of Liens; (II) Approving Certain Procedures Regarding Access To The DCEH Data; And (III) Granting Further Relief filed by Save the Art Institute of Las Vegas Limited. (Attachments: #1 Exhibit 1- Supplement To Joint Motion Of The Receiver And Studio Enterprise Manager, LLC (1) Authorizing The Sale Of The Share Assets Free And Clear Of Liens; (II) Approving Certain Procedures Regarding Access To The DCEH Data; and (III) Granting Further Relief)Related document(s) #446 .(Mullins, Gwen) |
| Filing 487 Notice of Withdrawal of the States Objection to Joint Motion of the Receiver and Studio Enterprise Manager Authorizing Sale of Shared Assets Free and Clear of Liens Approving Certain Procedures Re Access to DCEH Data and Granting Further Relief filed by State of Nevada Commission on Postsecondary Education. (Attachments: #1 Exhibit)(Whitney, Robert) |
| Filing 486 Response to #449 Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Pe rmitting The Art Institutes to Forgive Certain Loan Obligations For Students Who Were the Victims of Misrepresentations Made by DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; And (D) For Such Other Relief As Appropriate filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Gurbst, Richard) |
| Filing 485 Opposition to #449 Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Pe filed by Thomas J Perrelli. (Keating, Grant) |
| Filing 484 Notice of Withdrawal of Limited Objection filed by Infor (US), Inc.. Related document(s) #473 .(Wilson, Sarah) |
| Filing 483 Notice of Imminent Resolution of The State of Nevada's Records Preservation Issues filed by Mark E. Dottore. Related document(s) #468 .(Whitmer, Mary) |
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Filing 482
Order: On or before December 9, 2019, the receiver, Mark Dottore and Save the Arts Institute of Las Vegas Limited must file a response to the Nevada Commission on Postsecondary Education's motion to lift stay (ECF Doc. #481 ). Magistrate Judge Thomas M. Parker on 12/2/2019. (D,JJ)
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| Filing 481 WITHDRAWN, per ECF Doc. #504 (Notice of Withdrawal). Motion to lift stay filed by Plaintiff/Intervenor State of Nevada Commission on Postsecondary Education. (Attachments: #1 Exhibit July 21, 2019 letter to Dottore Companies, LLC, #2 Exhibit September 23, 2019 letter to Dr. Dan Taylor)(Whitney, Robert) Modified to withdraw on 12/13/2019 (D,JJ). |
| Filing 480 Motion for attorney Victoria A. Guilfoyle to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9650578, filed by Defendant Infor (US), Inc.. (Attachments: #1 Affidavit of Victoria A. Guilfoyle)(Wilson, Sarah) |
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Filing 479
Order: The Court hereby CONFIRMS the hearings scheduled in this case for December 3, 2019 at 9:00 AM in Courtroom 18B, as further explained in this order. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/26/2019. (D,JJ)
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Filing 478
Order: On November 6, 2019, Receiver Mark E. Dottore ("the receiver") and Studio Enterprise Manager, LLC, ("Studio") filed a joint motion to authorize the sale of shared assets free and clear of liens and to approve procedures regarding access to the DCEH data ("Motion to Authorize'). ECF Doc. #446 . On November 25, 2019, the California Department of Consumer Affairs ("CDCA") filed an objection to the joint motion. ECF Doc. #474 . CDCA suggests that the transaction proposed in the joint motion may run afoul of California statutory and regulatory law governing postsecondary educational institution student records. ECF Doc. #467 . The court will require the receiver and Studio to file a certification of either: 1) their compliance with California law; or 2) their claim that the proposed sale of data is exempt from it. The certification must be filed on or before 4:00 PM on December 2, 2019. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/26/2019. (D,JJ)
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| Filing 477 Response to (1) the Motion of Studio Enterprise Manager, LLC for the Entry of an Order (A) Permitting South University and the Arts Institutes to Assume Certain Employee Benefit Obligations which Arose Between January 1, 2019 through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations Made by DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) for Such Other Relief as is Appropriate [Doc. 449] and (2) to Studios Supplement to the Motion [Doc. 466] filed by Mark E. Dottore. Related document(s) #449 , #466 . (Attachments: #1 Exhibit Praecipe for Writ of Summons, Mark E. Dottore v. Brian J. Curtin et al., Case No. GD-19-14722 (Court of Common Pleas of Allegheny County, Pennsylvania))(Glickman, Robert) |
| Filing 476 Notice Regarding Motion of Studio Enterprise Manager, LLC For the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations For Students Who Were The Victims Of Misrepresentations Made By DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) For Such Other Relief as is Appropriate filed by Studio Enterprise Manager, LLC. Related document(s) #466 , #449 .(Gibbons, M.) |
| Filing 475 Notice of Intent to Oppose the Motion of Studio Enterprise Manager, LLC filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #466 , #449 .(Gurbst, Richard) |
| Filing 474 Objection to #446 Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relie filed by California Department of Consumer Affairs. (Attachments: #1 Exhibit List of California Licensees, #2 Supplement Declaration of Leeza Rifredi in Support of the Objection)(Rust, Craig) |
| Filing 473 Objection to #446 Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relie filed by Infor (US), Inc. (Wilson, Sarah) |
| Filing 472 Settlement Administrator's Notice of Intent to Oppose filed by Thomas J Perrelli. Related document(s) #466 .(Selby, Richard) |
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Filing 471
Order: The court hereby GRANTS the California Department of Consumer Affairs' ("CDCA") motion to appear (ECF Doc. #469 ) for the limited purpose of responding to the joint motion filed by the receiver and Studio Enterprise Manager, LLC. (ECF Doc. #446 ). CDCA must file any response to the joint motion on or before 4:00 PM on November 25, 2019. Magistrate Judge Thomas M. Parker on 11/22/2019. (D,JJ)
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| Filing 470 Motion for attorney Craig D. Rust to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660118976, filed by Interested Party California Department of Consumer Affairs. (Attachments: #1 Declaration of Craig D. Rust in Support of Motion for Admission Pro Hac Vice, #2 Cover Letter)(W,CM) |
| Filing 469 Motion to Appear as an Interested Party for Limited Purpose filed by California Department of Consumer Affairs. (Attachments: #1 Memorandum In Support, #2 Proposed Order)(W,CM) |
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Filing 468
Order: In response to the filing of the Nevada Commission on Postsecondary Education (ECF Doc. #467 ), the court will require the receiver and Studio to file a certification of either: 1) their compliance with Nevada's state statute; or 2) their claim that the proposed sale of data is exempt from Nevada's statute. The certification must be filed on or before noon on December 2, 2019. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/22/2019. (D,JJ)
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Order [non-document]: The receiver's motion for an extension (ECF Doc. #465 ) to respond to Studio Enterprise Manager, LLC's motion for the entry of an order permitting South University and The Arts Institutes to assume certain employee benefit obligations (ECF Doc. #449 ) is granted, in part. The receiver must file his response to Studio's motion on or before noon on November 26, 2019. Magistrate Judge Thomas M. Parker on 11/22/2019. (D,JJ)
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Order [non-document]: On November 20, 2019, Settlement Administrator Thomas J. Perrelli ("Perrelli") filed a statement of interest (ECF Doc. #464 ) related to Studio Enterprise Manager, LLC's motion for the entry of an order permitting South University and The Arts Institutes to assume certain employee benefit obligations (ECF Doc. #449 ). Perrelli states his intent to participate in the resolution of Studio's motion. On the same day, Studio filed a supplement to its motion stating that it had agreed to make several amendments to its proposed bar order to address the inquiries of parties, such as Perrelli. ECF Doc. #466 . On or before noon on November 29, 2019, Perrelli must file a notice stating whether Studio's supplement resolves his concerns. Magistrate Judge Thomas M. Parker on 11/22/2019. (D,JJ)
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Order [non-document]: On November 14, 2019, the court denied, as moot, Tech Park 6, LLC's corrected emergency motion to immediately enforce order surrendering possession of premises. ECF Doc. #452 . Prior to filing the corrected motion, Tech Park 6, LLC filed an initial emergency motion requesting similar relief. ECF Doc. #451 . The court hereby DENIES, as moot, Tech Park 6, LLC's original emergency motion, which was replaced by its corrected motion already denied by the court. Magistrate Judge Thomas M. Parker on 11/22/2019. (D,JJ)
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Order [non-document] granting Motion for appearance pro hac vice by Craig D. Rust for California Department of Consumer Affairs. 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 #470 ). Approved by Judge Dan Aaron Polster on 11/22/2019.(K,K)
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| Filing 467 Objection to #446 Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relie filed by State of Nevada Commission on Postsecondary Education. (Attachments: #1 Exhibit Affidavit of Kelly D. Wuest)(Whitney, Robert) |
| Filing 466 Supplement to Motion of Studio Enterprise Manager, LLC for the Entry of an Order (A) Permitting South University and The Arts Institutes to Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 through April 30, 2019; (B) Pe - Studio Enterprise Manager, LLC for the Entry of an Order (A) Permitting South University and The Arts Institutes to Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations for Students who were the Victims of Misrepresentations Made by DCEH between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) for Such Other Relief as is Appropriate, filed by Studio Enterprise Manager, LLC. Related document(s) #449 . (Attachments: #1 Exhibit A - Bar Order)(Gibbons, M.) . |
| Filing 465 Motion for extension of time until 11/27/19 to Respond, to #449 Motion of Studio Enterprise Manager, LLC For the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Pe filed by Receiver Mark E. Dottore. Related document(s) #455 , #449 . (Oleski, Nicholas) |
| Filing 464 Settlement Administrator's Statement of Interest filed by Thomas J Perrelli. Related document(s) #455 .(Selby, Richard) |
| Filing 463 Response to #446 Motion Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relie Save The Art Institute's Response To Show Cause Pursuant To Order Of The Court (Doc 459) Regarding Its Limited Objection And Response To Joint Motion Of the Receiver And Studio Enterprise Manager, LLC filed by Save the Art Institute of Las Vegas Limited. (Attachments: #1 Exhibit 1- Letter from DETR, #2 Exhibit 2-Asset Purchase Agreement)(Mullins, Gwen) |
| Filing 462 Notice of the Payment of the March 15, 2019 Payroll filed by Mark E. Dottore. Related document(s) #214 .(Whitmer, Mary) |
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Filing 461
Order: On November 11, 2019, Tech Park 6, LLC ("Tech Park") filed an emergency motion to immediately enforce order surrendering possession of premises. ECF Doc. #452 . On November 13, 2019, Receiver Mark E. Dottore ("the receiver") filed a response stating that he had contacted Tech Park's principal who had accepted $50,000 as satisfaction of the rents due. ECF Doc. #460 . Having been so informed that the issue raised in Tech Park's emergency motion is resolved, the court hereby DENIES, as moot, the emergency motion to immediately enforce order surrendering possession of premises. ECF Doc. #452 . Magistrate Judge Thomas M. Parker on 11/14/2019. (D,JJ)
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| Filing 460 Response to #452 Emergency Motion to enforce Immediately Order Surrendering Possession Of Premises (Corrected) filed by Mark E. Dottore. (Stefancin, Robert) |
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Filing 459
Order: On November 6, 2019, Receiver Mark E. Dottore ("the receiver") and Studio Enterprise Manager, LLC, ("Studio") filed a joint motion to authorize the sale of shared assets free and clear of liens and to approve procedures regarding access to the DCEH data ("Motion to Authorize"). ECF Doc. #446 . On November 7, 2019, Save the Art Institute of Las Vegas Limited ("Save the Art") filed a response objecting to the potential impact of the sale proposed by the receiver and Studio. ECF Doc. #447 . On November 12, 2019, both the receiver and Studio replied to Save the Art's response. ECF Docs. #453 and #456 . Upon review of the parties' filings, it appears that Save the Art does not have a valid objection to the sale of assets to Studio as contemplated in the joint motion filed by the receiver and Studio. Save the Art is hereby ordered to show cause why its response/objection should not be overruled without a hearing. If Save the Art does not show cause on or before November 19, 2019 at 4:00 PM, its objection will be overruled without further consideration. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/13/2019. (D,JJ)
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Order [non-document]: The court hereby AMENDS its order (ECF Doc. #455 ) by also ORDERING the appearance of counsel and representatives of the Arts Institutes International, LLC at the hearing set for December 3, 2019 at 9:00 AM. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 11/13/2019. (D,JJ)
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| Filing 458 Status Report Listing all Obligations and Accounts Payable for The Receivership Entities and Reflecting Amounts Due filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Summary of Liabilities as of October 31, 2019)(Whitmer, Mary) |
| Filing 457 Notice of Service of Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; and (III) Granting Further Relief filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Service List)Related document(s) #446 .(Whitmer, Mary) |
| Filing 456 Response to the Save the Art Institute's Limited Objection to the Joint Motion of the Receiver and Studio Enterprise Manager, LLC's (i) Authorizing the Sale of Shared Assets Free and Clear of Liens; (ii) Approving Certain Procedures Regarding Access to the DCEH Data; and (iii) Granting Further Relief filed by Studio Enterprise Manager, LLC. (Related document(s) #453 ) (Gibbons, M.) |
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Filing 455
Order: On or before 4:00 p.m. on November 20, 2019, Receiver Mark Dottore ("the receiver") must file a response to the motion of Studio Enterprise Manager, LLC, ("Studio") for the entry of an order permitting South University ("South") and the Arts Institutes to assume certain employee benefit obligations which arose between January 1, 2019 through April 30, 2019 and other requested direction. ECF Doc. #449 . Unless the court is advised that Studio, the receiver and any other interested parties have resolved all issues raised in said motion, the court will conduct a hearing/status conference concerning Studio's motion on December 3, 2019 at 9:00 a.m., or immediately following the hearing on the Motion to Authorize (ECF Doc. #446 ), if that hearing goes forward. Counsel and representatives for the receiver, Studio and South must attend the December 3rd hearing/status conference in person, which will take place in Courtroom 18B. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/12/2019. (D,JJ)
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Filing 454
Order: On or before 4:00 PM on November 13, 2019, Receiver Mark Dottore ("the receiver") must file a response to the corrected emergency motion to immediately enforce order surrendering possession of premises filed by Intervenor Tech Park 6, LLC. (ECF Doc. #452 ). Magistrate Judge Thomas M. Parker on 11/12/2019. (D,JJ)
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| Filing 453 Response to Save the Art Institute's Limited Objection to Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of Shared IT Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; and (III) Granting Further Relief filed by Mark E. Dottore. Related document(s) #447 . (Nemer, Charles) |
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Order [non-document] granting Studio Enterprise Manager LLC's Motion to exceed page limitations (Related Doc #450 ). Magistrate Judge Thomas M. Parker on 11/12/2019. (D,JJ)
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| Filing 452 Emergency Motion (Corrected) for Immediate Enforcement of Order Surrendering Possession Of Premises filed by Intervenor Tech Park 6, LLC. (Related document(s) #451 , #406 ). (Attachments: #1 Exhibit A - Proposed Order)(Chesley, Richard) |
| Filing 451 Emergency Motion to enforce Of Order Surrendering Possession Of Premises filed by Intervenor Tech Park 6, LLC. Related document(s) #406 . (Attachments: #1 Exhibit A - Proposed Order)(Chesley, Richard) |
| Filing 450 Motion for leave to exceed page limitations for Motion of Studio Enterprise Manager, LLC For the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations For Students Who Were The Victims Of Misrepresentations Made By DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) For Such Other Relief filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Related document(s) #449 ) (Gibbons, M.) |
| Filing 449 Motion for the Entry of an Order (A) Permitting South University and The Arts Institutes To Assume Certain Employee Benefit Obligations Which Arose Between January 1, 2019 Through April 30, 2019; (B) Permitting the Arts Institutes to Forgive Certain Loan Obligations For Students Who Were The Victims Of Misrepresentations Made By DCEH Between January 20, 2018 and June 15, 2018; (C) Issuing a Bar Order Prohibiting Further Claims Against Studio and Certain Other Related Parties; and (D) For Such Other Relief as is Appropriate filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - South Covered Employees, #2 Exhibit B - Ai Covered Employees, #3 Exhibit C - Bar Order) (Gibbons, M.) |
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Filing 448
Order: On November 6, 2019, Receiver Mark E. Dottore ("the receiver") and Studio Enterprise Manager, LLC, ("Studio") filed a joint motion to authorize the sale of shared assets free and clear of liens and to approve procedures regarding access to the DCEH data ("Motion to Authorize"). ECF Doc. #446 . The Motion to Authorize states that the receiver will notify all interested parties of the motion and will file a certificate of service with the court once notice has been given. Any and all objections to the Motion to Authorize must be filed within ten (10) days after the date on which the receiver files the certificate of service. The Court hereby schedules a hearing on the Motion to Authorize for December 3, 2019 at 9:00 a.m. in Courtroom 18B. The hearing will be cancelled if no objections are pending on the court's docket as of December 2, 2019 at 4:00 p.m. Magistrate Judge Thomas M. Parker on 11/8/2019. (D,JJ)
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| Filing 447 Response to #446 Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relie filed by Save the Art Institute of Las Vegas Limited. (Attachments: #1 Exhibit 1- Second Settlement Agreement, #2 Exhibit 2- DOE's Partial Approval Letter re: Title IV Funds, #3 Exhibit 3- DETR's Official Notice of the Denial of the Application for Renewal of License, #4 Exhibit 4- ACICS's August 30, 2019 Show Cause Notification Letter)(Mullins, Gwen) |
| Filing 446 Joint Motion of the Receiver and Studio Enterprise Manager, LLC (I) Authorizing the Sale of the Shared Assets Free and Clear of Liens; (II) Approving Certain Procedures Regarding Access to the DCEH Data; And (III) Granting Further Relief filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Bill of Sale and Assignment) (Gibbons, M.) |
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Filing 445
Order: On November 5, 2019, Studio Enterprise Manager, LLC ("Studio"), and Mark E. Dottore (the "receiver") filed a joint motion to approve a direction letter requiring Sterling Payment Technologies, LLC, now known as Evo Payments, Inc. ("EVO"), to distribute credit card payments that belong to South University, The Arts Institutes, and/or Studio. (ECF Doc. #444 ). Upon due consideration and for the reasons stated in the receiver's motion, the Court hereby approves the Direction Letter and compels EVO to return the Retained Payments in accordance with the terms of the Direction Letter. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 11/6/2019. (D,JJ)
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| Filing 444 Joint Motion of The Receiver and Studio Enterprise Manager, LLC to Approve a Direction Letter Requiring Sterling Payment Technologies, LLC n/k/a EVO Payments, Inc. to Distribute Credit Card Payments that Belong to South University, The Arts Institutes and/or Studio filed by Plaintiff/Intervenor Studio Enterprise Manager, LLC. (Attachments: #1 Exhibit A - Direction Letter) (Gibbons, M.) |
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Order [non-document] granting Receiver Mark E. Dottore's #443 Motion for extension of time until 11/12/2019 to file Financial Report. Magistrate Judge Thomas M. Parker on 11/4/2019. (D,JJ)
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| Filing 443 Motion for extension of to File Receiver's Financial Report until 11/12/2019 filed by Receiver Mark E. Dottore. Related document(s) #441 . (Whitmer, Mary) |
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Order [non-document] granting Alexandru Simon's Motion to intervene as a party. (Related Doc #434 ). Magistrate Judge Thomas M. Parker on 10/28/2019. (D,JJ)
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| Filing 442 Response of the Receiver to the Further Position Statement of the Settlement Administrator to Receivers Status Report and to the Dunagan Intervenors Statement in Support Thereof filed by Mark E. Dottore. Related document(s) #439 , #433 . (Ehrman, James) |
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Filing 441
Order: The court hereby ORDERS the receiver to: File a report on or before 11/4/2019 listing all obligations and accounts payable for any receivership entity reflecting any sums due. Any obligations that are known or anticipated but not yet quantified must be estimated. The report should separately identify pre-receivership and post-receivership obligations. The report should identify any entities owed rent or other real estate occupancy expenses from 1/18/2019 through the dates the receivership entities vacated the relevant premises. The report must also include a listing of pre and post receivership obligations to Buncher Company which are addressed, in part, in case number 1:19-cv-0447, Buncher Company v. DCEH Educational Holdings, LLC. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 10/24/2019. Related Documents #333 , #334 , #427 , #440 . (D,JJ)
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Filing 440
Order granting Receiver Mark E. Dottore's #427 Motion for an Order (I) Authorizing the Receiver to Compromise and Enter into Letter Agreement; (II) Authorizing the Receiver to Obtain Financing, (III) Granting Senior Secured Priming Liens and Superpriority Claims, (IV) Modifying the Stay, and (V) Granting Related Relief. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 10/24/2019. (D,JJ)
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| Filing 439 Response: Dunagan Intervenors Statement in Support of the Settlement Administrators October 4, 2019 Position Statement and in Response to the Receivers October 1, 2019 Status Report filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. Related document(s) #428 , #433 . (Gurbst, Richard) |
| Filing 438 Response (Corrected) Argosy Intervenors' Limited Response to the Receiver's October 1, 2019 Status Report filed by Marina A. Awed, Kendrick Harrison, Jayne Kenney. (Related document(s) #428 , #436 ) (Gurbst, Richard) |
| Filing 437 Notice of Clerical Error Regarding Argosy Intervenors' Limited Response to the Receivers' October 1, 2019 Status Report filed by Marina A. Awed, Kendrick Harrison, Jayne Kenney. (Related document(s) #436 ) (Gurbst, Richard) |
| Filing 436 Response : Argosy Intervenors' Limited Response to the Receiver's October 1, 2019 Status Report filed by Brandy Chandler, Kimberly Milbrandt, Sarah Watts, Ashley York. Related document(s) #428 . (Gurbst, Richard) |
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Filing 435
Order granting Receiver Mark E. Dottore's #426 Motion for an Order Authorizing the Receiver to employ Fletcher, Heald & Hildreth as Special Counsel for the receiver to perform limited services related to Federal Communication Commission matters effective as of September 1, 2019. Magistrate Judge Thomas M. Parker on 10/11/2019. (D,JJ)
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| Filing 434 Motion to intervene as interested party filed by Alexandru Simon. (D,JJ) |
| Filing 433 Supplemental Status Report of Settlement Administrator in Response to Receiver Status Report filed by Thomas J Perrelli. Related document(s) #428 .(Keating, Grant) |
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Filing 432
Order: On September 30, 2019, Receiver Mark E. Dottore ("the receiver") filed a motion to compromise the receivership estates claim(s) for the recovery of certain surety bond deposit(s); for the entry of an order authorizing the receiver to enter into a letter agreement respecting the compromise of such claim(s), to obtain financing; to grant senior secured priming liens and superpriority claims; to modify the stay; and to grant related relief ("motion to compromise"). ECF Doc. #427 . The motion to compromise states that the receiver will notify all interested parties of the motion and will file a certificate of service with the court once notice has been given. On October 2, 2019, the receiver filed a certificate of service (ECF Doc. #431 ) identifying the interested parties to whom he had served copies of his motion and the court's order (ECF Doc. #429 ). Now that the certificate of service has been filed, the court confirms that any good faith objections to the receiver's motion to compromise must be filed on or before October 14, 2019. A hearing on the motion to compromise is scheduled for October 25, 2019 at 1:00 p.m. before Magistrate Judge Thomas M. Parker in Courtroom 11B. The hearing will be cancelled if no good faith objections are filed. Magistrate Judge Thomas M. Parker on 10/3/2019. (D,JJ)
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| Filing 431 Notice of Service of Motion to Compromise [ECF 427] and Procedures Order [ECF 429] filed by Mark E. Dottore. Related document(s) #429 , #427 .(Whitmer, Mary) |
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Filing 430
Order: On September 26, 2019, Receiver Mark E. Dottore ("the receiver") filed an application to retain Fletcher, Heald & Hildreth as special counsel for the receiver to perform limited services related to federal communication commission matters effective as of September 1, 2019. ECF Doc. #426 . The application states that any objections must be filed within 14 days of the application. Any good faith objections to the receiver's application must be filed on or before October 10, 2019. If no objections are filed, the court will grant the application without scheduling a hearing and with no further notice. Magistrate Judge Thomas M. Parker on 10/2/2019. (D,JJ)
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Filing 429
Order: On September 30, 2019, Receiver Mark E. Dottore ("the receiver") filed #427 motion to compromise the receivership estate's claim(s) for the recovery of certain surety bond deposit(s); for the entry of an order authorizing the receiver to enter into a letter agreement respecting the compromise of such claim(s), to obtain financing; to grant senior secured priming liens and superpriority claims; to modify the stay; and to grant related relief ("motion to compromise"). Any good faith objections to the receiver's motion to compromise must be filed within ten (10) days after the date on which the receiver files the certificate of service. Also, after the certificate of service is filed, the court will issue an order scheduling a hearing on the motion to compromise twenty (20) days after the date on which the certificate of service is filed, which will be cancelled if no good faith objections are filed. Magistrate Judge Thomas M. Parker on 10/2/2019. (D,JJ)
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| Filing 428 Status Report of October 1, 2019 filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Cash Analysis as of September 30, 2019). (Related document(s) #425 ) (Whitmer, Mary) |
| Filing 427 Motion for an Order Approving the Motion to Compromise and for Entry of Order (I) Authorizing the Receiver to Enter into Letter Agreement, (II) Authorizing the Receiver to Obtain Financing, (III) Granting Senior Secured Priming Liens and Superpriority Claims, (IV) Modifying the Stay, and (V) Granting Related Relief filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Letter Agreement, #3 Exhibit C - Promissory Note & Security Agreement)(Whitmer, Mary) |
| Filing 426 Motion for an Order Authorizing the Receiver to Employ Fletcher, Heald & Hildreth as Special Counsel for the Receiver to Perform Limited Services Related to Federal Communication Commission Matters Effective as of September 1, 2019 filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - Verified Statement of Susan A. Marshall, #2 Exhibit B - Proposed Order)(Stefancin, Robert) |
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Filing 425
Order: On or before October 1, 2019, Receiver Mark Dottore must file a status report stating his current activities in wrapping-up the receivership and any additional activities he anticipates before the receivership may be terminated. See Order for additional information. Magistrate Judge Thomas M. Parker on 9/11/2019. (D,JJ)
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| Filing 424 Supplemental Report of Special Master Regarding Georgia Campus Record Issue filed by Mark E. Dottore. (Related document(s) #421 ). (Attachments: #1 Exhibit A. - Application Initiation Form by Exam Endorsement or CPQ, #2 Exhibit B - Form A Internship Verification, #3 Exhibit C - Form Citizenship Affidavit, #4 Exhibit D - Form Secure Verifiable Document Cover Sheet, #5 Exhibit E - Reference General Instructions Application for Licensure) (Berkson, Hugh) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Aubrey T. Smith and Joseph L. Luciana, III for Management Services Group, Inc. 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 # #422 , #423 ). Approved by Judge Dan Aaron Polster on 9/4/2019.(K,K)
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| Filing 423 Motion for attorney Joseph L. Luciana, III to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9502388, filed by Plaintiff/Intervenor Management Services Group, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Knaebel, Jeremy) |
| Filing 422 Motion for attorney Aubrey T. Smith to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9502227, filed by Plaintiff/Intervenor Management Services Group, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Knaebel, Jeremy) |
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Filing 421
Order denying intervening students, Brandy Chandler, Kimberly Milbrandt, Sarah Watts and Ashley York's Motion to enforce (Related Doc #417 ). The court orders the receiver to provide the following information to the intervening students within ten days of this order: (1) The identity of the buyer who obtained the students' files from Hilco Fixture Finders, LLC.; and (2) The date on which the records destruction occurred and the date on which it was disclosed to the receiver. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/30/2019. (D,JJ)
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| Filing 420 Reply in support of #417 Motion to enforce Previous Order of this Court filed by Brandy Chandler, Kimberly Milbrandt, Sarah Watts, Ashley York. (Gurbst, Richard) |
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Filing 419
Order granting Motion of Mark E. Dottore, Receiver of Argosy Education Group LLC dba Argosy University, Sarasota for an Order authorizing the sale of that certain Educational Broadband Service License WNC980 issued by the Federal Communications Commission, free and clear of all Liens, Encumbrances, Claims, and Other Interests and to authorize the Receiver to apply the sale proceeds to certain administrative costs of the receivership estate or in the alternative to transfer the interests of unpaid lienholders to the process of the sale. (Related Doc #414 ). IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/27/2019. (D,JJ)
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Order [non-document]. On or before Wednesday, August 28, 2019, intervenors, Kimberly Milbrandt, Ashley York, Sarah Watts and Brandy Chandler, shall file a reply to the receiver's opposition to the motion to enforce previous order of this court (ECF Doc. #418 ). IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/23/2019. (G,CA)
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| Filing 418 Opposition to #417 Motion to enforce Previous Order of this Court filed by Mark E. Dottore. (Attachments: #1 Exhibit A -- 8/22/19 Counsel Email Exchange)(Berkson, Hugh) |
| Filing 417 Motion to enforce Previous Order of this Court filed by Brandy Chandler, Kimberly Milbrandt, Sarah Watts, Ashley York. Related document(s) #353 . (Attachments: #1 Exhibit A - Emails, #2 Proposed Order)(Gurbst, Richard) |
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Filing 416
Order granting Receiver's motion for leave to plead in response to intervenor's complaint filed by Management Services Group, Inc. (Related Doc #393 ). Signed by Magistrate Judge Thomas M. Parker on 08/13/2019.(S,MD)
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Filing 415
Order: A hearing on the receiver's motion for an order to sell the educational broadband service license (ECF Doc. #414 ) is scheduled for August 27, 2019 at 9:00 a.m. in Courtroom 18B before Judge Dan Aaron Polster. Any good faith objections to the receiver's motion for an order to sell the educational broadband service license must be filed on or before August 19, 2019 by 4:00 p.m. If no objections are filed, the hearing scheduled for August 27, 2019 will be canceled. Signed by Magistrate Judge Thomas M. Parker on 08/12/2019. (S,MD)
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| Filing 414 Motion an Order Authorizing the Sale of that Certain Educational Broadband Service License WNC980 Issued by the Federal Communications Commission Free and Clear of All Liens, Encumbrances, Claims, and Other Interests and to Certain Administrative Costs of the Receivership Estate or in the Alternative to Transfer the Interests of Unpaid Lienholders to the Proceeds of the Sale filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit A - License Purchase Agreement)(Whitmer, Mary) |
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Filing 413
Order granting #398 Emergency Motion of Mark E. Dottore, Receiver of Dream Center Argosy University of California, LLC, for an Order Authorizing the Sale of All or Substantially All of the Assets of Western State College of Law at Argosy University, 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. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/2/2019. (D,JJ)
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Filing 412
Order approving #411 Stipulation to Terminate License Agreement between Citrix Systems, Inc. and the Receiver, Mark E. Dottore. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 8/2/2019. (D,JJ)
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| Filing 411 Motion to Approve Stipulation to Terminate License Agreement with Citrix Systems, Inc. filed by Receiver Mark E. Dottore. (Attachments: #1 Exhibit - Proposed Stipulation and Order to Terminate Citrix License Agreement) (Ehrman, James) |
| IMPORTANT: Notice [non-document]: Because no objections to ECF Doc. #398 (Emergency motion for an order authorizing the sale of substantially all the assets of the Western State College of Law) were filed, the hearing scheduled for Monday August 5, 2019 at 9:30 AM is hereby cancelled. Related document(s) #407 , #398 . (D,JJ) |
| Filing 410 Attorney Appearance by Jeremy M. Campana filed by on behalf of Haleck Enterprises, Inc.. (Campana, Jeremy) |
| Filing 409 Affidavit/Declaration of Mark Dottore filed by Mark E. Dottore. Related document(s) #398 . (Whitmer, Mary) |
| Filing 408 Brief : Statement in Support of The United States' Further Statement of Interest Concerning Estates' Compliance with Regulation Requiring Close-Out Audit filed by Marina A. Awed, Kendrick Harrison, Jayne Kenney. Related document(s) #400 . (Gurbst, Richard) |
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Filing 407
Order: On July 24, 2019, Receiver Mark E. Dottore ("the receiver") filed an emergency motion for an order authorizing the sale of substantially all the assets of the Western State College of Law. ECF Doc. #398 . He also requested that the court set an expedited schedule for the notice and objection period on said motion. ECF Doc. #399 . On July 26, 2019, the court issued an order stating that the motion for approval and expedited schedule was unnecessary. ECF Doc. #403 . However, in an abundance of caution and in the event that any interested party has a good faith objection to the sale, the court hereby sets a deadline of August 1, 2019 by 12:00 PM for any good faith objections to be filed. A hearing on the receiver's emergency motion to sell substantially all of the assets of Western State College of Law (ECF Doc. #398 ) is scheduled for Monday August 5, 2019 at 9:30 AM in Courtroom 18B before Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker. If no objections are filed, the hearing will be cancelled. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/29/2019. (D,JJ)
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Filing 406
Order approving Receiver and Park Tech 6, LLC's agreed order to surrender possession of premises to intervening landlord, Tech Park, 6, LLC and relieving injunction and stay as to leased premises and the lease and related relief. Related Document #395 . IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 7/26/2019. (D,JJ)
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Filing 405
Order granting #390 Emergency Motion of Mark E. Dottore, Receiver of The Art Institute of Las Vegas, LLC, for an Order Authorizing the Sale of Substantially All of the Assets of The Art Institute of Las Vegas, LLC, Free and Clear of Liens, Encumbrances, Claims and Other Interests (with Certain Exceptions) and for Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale. IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 7/26/2019. (D,JJ)
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| Filing 404 Notice of Withdrawal of Studio Enterprise Manager, LLC's Limited Objection and Reservation of Rights to Emergency Motion of Mark E. Dottore, Receiver of The Art Institute Of Las Vegas, LLC, For an Order Authorizing the Sale of Substantially All of The Assets of The Art Institute of Las Vegas, LLC Free and Clear of All Liens, Encumbrances, Claims, and Other Interests (With Certain Exceptions) and For Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale. (Attachments: #1 Exhibit A - Amendment to the Asset Purchase Agreement). (Related document(s) #397 )(Gibbons, M.) |
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Filing 403
Order: The court hereby ORDERS the receiver to: (a) Proceed with the transaction reflected in the receiver's emergency motion, ECF Doc. #398 ; (b) Apply proceeds from the sale of Western State College of Law at Argosy University ("WSCL") assets as required by Paragraph 2(n) of the Amended Order Appointing Receiver; (c) Preserve all remaining funds resulting from the sale of WSCL until further order of the court. In light of and subject to these orders, the court hereby DENIES the receiver's request for an expedited hearing of the motion to sell the assets of WSCL. The motion for approval of the sale of the assets of WSCL is DENIED as moot given the court's order to the receiver to proceed. Related Documents #398 , #399 . IT IS SO ORDERED. Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker on 7/26/2019.(D,JJ)
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| Filing 402 Notice of Service of Emergency Motion of Mark E. Dottore, Receiver of Dream Center, Argosy University of California, LLC, for an Order Authorizing the Sale of all or Substantially all of the Assets of Western State College of Law at Argosy University, 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; and Motion of the Receiver for an Order (a) Expediting Consideration of and (b) Shortening the Notice and Objection Periods for the Emergency Motion of Mark E. Dottore, Receiver of Dream Center, Argosy University of California, LLC, for an Order Authorizing the Sale of all or Substantially all of the Assets of Western State College of Law at Argosy University, 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 Mark E. Dottore. Related document(s) #398 , #399 .(Whitmer, Mary) |
| Filing 401 Notice of Service of Emergency Motion of Mark E. Dottore, Receiver of the Art Institute of Las Vegas, LLC, for an Order Authorizing the Sale of Substantially all of the Assets of the Art Institute of Las Vegas, LLC Free and Clear of all Liens, Encumbrances, Claims, and other Interests (With Certain Exceptions) and for Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale; and Motion of the Receiver for an Order (a) Expediting Consideration of and (b) Shortening the Notice and Objection Periods for the Emergency Motion of Mark E. Dottore, Receiver of the Art Institute of Las Vegas, LLC, for an Order Authorizing the Sale of Substantially all of the Assets of the Art Institute of Las Vegas, LLC Free and Clear of all Liens, Encumbrances, Claims, and other Interests (With Certain Exceptions) and for Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale filed by Mark E. Dottore. Related document(s) #391 , #390 .(Whitmer, Mary) |
| Filing 400 Further Statement of Interest Concerning Estates' Compliance with Regulation Requiring Close-Out Audit filed by United States. (Related document(s) #333 , #372 , #334 , #371 ). (Attachments: #1 Exhibit 1 - May 9, 2019 Letter, #2 Exhibit 2 - June 24, 2019 Letter, #3 Exhibit 3 - July Emails) (Pham, Danielle) |
| Filing 399 Motion of the Receiver for an Order (a) Expediting Consideration of and (b) Shortening the Notice and Objection Periods for the Emergency Motion of Mark E. Dottore, Receiver of Dream Center Argosy University of California, LLC, for an Order Authorizing the Sale of All or Substantially All of the Assets of Western State College of Law at Argosy University, 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 A - Proposed Order)Whitmer, Mary) |
| Filing 398 Emergency Motion by Receiver of Dream Center Argosy University of California, LLC, for an Order Authorizing the Sale of All or Substantially All of the Assets of Western State College of Law at Argosy University, 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 A - Asset Purchase Agreement)(Whitmer, Mary) |
| Filing 397 Opposition to #391 Motion of the Receiver for an Order (a) Expediting Consideration of and (b) Shortening the Notice and Objection Periods for the Emergency Motion of Mark E. Dottore, Receiver of The Art Institute of Las Vegas, LLC, for an Order Authorizing the Studio Enterprise Manager, LLC's Limited Objection and Reservation of Rights to Emergency Motion of Mark E. Dottore, Receiver of The Art Institute Of Las Vegas, LLC, For an Order Authorizing the Sale of Substantially All of The Assets of The Art Institute of Las Vegas, LLC Free and Clear of All Liens, Encumbrances, Claims, and Other Interests (With Certain Exceptions) and For Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale filed by Studio Enterprise Manager, LLC. (Gibbons, M.) |
| Filing 396 Objection to the Receiver's Sale of the Art Institute of Las Vegas, LLC filed by State of Nevada Commission on Postsecondary Education. (Related document(s) #390 , #392 ) (Whitney, Robert) |
| Filing 395 Opposition to #390 Emergency Motion of the Receiver for an Order Authorizing the Sale of Substantially All of the Assets of The Art Institute of Las Vegas, LLC, Free and Clear of Liens, Encumbrances, Claims and Other Interests (with Certain Exceptions) and for Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale filed by Tech Park 6, LLC. (Attachments: #1 Proposed Order)(Chesley, Richard) |
| Filing 394 Affidavit/Declaration of the Receiver in Support of His Emergency Motion to Sell Substantially All of the Assets of The Art Institute of Las Vegas, LLC filed by Mark E. Dottore. Related document(s) #390 . (Ehrman, James) |
| Filing 393 Motion for leave to plead in response to Intervenor's complaint by Management Services Group, Inc. filed by Receiver Mark E. Dottore. Related document(s) #381 , #387 . (Oleski, Nicholas) Modified on 7/22/2019 (S,KM). |
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Filing 392
Order: A hearing on the receiver's #390 emergency motion to sell the Art Institute of Las Vegas is set for 7/29/2019 at 9:00 AM in Courtroom 18B before Judge Dan Aaron Polster and Magistrate Judge Thomas M. Parker. The receiver's #391 motion for an expedited schedule is well taken. Any good faith objections to the receiver's motion for an order to sell the Art Institute of Las Vegas must be filed on or before 7/23/2019 by 5:00 PM. If no objections are filed, the hearing scheduled for 7/29/2019 will be cancelled. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/16/2019. (D,JJ)
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| Filing 391 Motion of the Receiver for an Order (a) Expediting Consideration of and (b) Shortening the Notice and Objection Periods for the Emergency Motion of Mark E. Dottore, Receiver of The Art Institute of Las Vegas, LLC, for an Order Authorizing the Sale of Substantially All of the Assets of The Art Institute of Las Vegas, LLC, Free and Clear of Liens, Encumbrances, Claims and Other Interests (with Certain Exceptions) and for Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale filed by Receiver Mark E. Dottore. Related document(s) #390 . (Attachments: #1 Exhibit A - Proposed Order Setting Expedited Hearing on and Shortening Notice for tghe AI Las Vegas Sale Motion)(Ehrman, James) |
| Filing 390 Emergency Motion of Mark E. Dottore, Receiver of The Art Institute of Las Vegas, LLC, for an Order Authorizing the Sale of Substantially All of the Assets of The Art Institute of Las Vegas, LLC, Free and Clear of Liens, Encumbrances, Claims and Other Interests (with Certain Exceptions) and for Transfer of the Interests of Unpaid Holders of Interests to the Proceeds of the Sale. (Attachments: #1 Exhibit Execution Copy of Asset Purchase Agreement with all Exhibits) (Whitmer, Mary) |
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Order [non-document] granting #389 Joint Motion of Receiver and State of Nevada Commission on Postsecondary Education for an extension of time until 7/31/19 for Nevada to file a motion to lift stay. Magistrate Judge Thomas M. Parker on 7/12/2019. (D,JJ)
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| 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) |
| 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) |
| Filing 387 Intervenor's complaint. Filed by Management Services Group, Inc.. (Knaebel, Jeremy) |
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| Filing 377 Statement of Interest Concerning Potential Sale of Western State University College of Law filed by United States. (Pham, Danielle) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 367 Objection to Fee Applications of Receiver and Receiver's Counsel filed by 3601 Sunflower LLC. (Stavole, William) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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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)
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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)
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| 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) |
| 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.) |
| 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.) |
| 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) |
| Filing 348 Statement of Financial Benefits Allegedly Achieved Through Receivership filed by Mark E. Dottore. Related document(s) #335 . (Whitmer, Mary) |
| 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) |
| 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) |
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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)
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| Filing 345 Motion to Intervene as an Interested Party filed by Movant Karen Chapman. (Attachments: #1 Envelope)(S,KM) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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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)
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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)
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| Filing 339 Motion to intervene as interested party filed by Interested Party Rebecca Kelley. (Attachments: #1 Envelope)(S,KM) |
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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)
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| Filing 337 Motion to intervene as Interested Party filed by Interested Party Debbie Baskerville. (Attachments: #1 Envelope)(S,KM) |
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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)
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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)
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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.) |
| Filing 326 Position Statement Concerning the Final Order Terminating Receivership filed by Dream Center South University, LLC. Related document(s) #285 . (Bohme, Ingrid) |
| Filing 325 Position Statement Pursuant to court's order regarding termination of Receivership filed by Digital Media Solutions, LLC. (Bentz, Audrey) |
| Filing 324 Certification of Bryan Newman Regarding Reorganization Documents filed by Studio Enterprise Manager, LLC. Related document(s) #285 . (Gibbons, M.) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 319 Position Statement Concerning the Final Receivership Order filed by Emmanuel Dunagan, Robert J. Infusino, Jessica Muscari, Stephanie Porreca. (Gurbst, Richard) |
| 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) |
| 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.) |
| 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) |
| 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) |
| Filing 314 Position Statement Regarding Order to Terminate Receivership [Related Doc. No. 285]], filed by HGF L.P.. Related document(s) #285 . (Toole, Jeffrey) |
| Filing 313 Position Statement Concerning Final Order Terminating Receivership filed by 3601 Sunflower LLC. (Stavole, William) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 304 Brief Hemingway at Richmond, LLC's Position Statement Concerning the Final Order Terminating Receivership filed by Hemingway at Richmond, LLC. (Eppler, Douglas) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| Filing 298 Notice Regarding the Reorganization Documents and the Sublease filed by Studio Enterprise Manager, LLC. (Gibbons, M.) |
| 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) |
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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)
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| 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) |
| 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.) |
| 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) |
| 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) |
| 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.) |
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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)
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| 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.) |
| 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) |
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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)
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| 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) |
| 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). |
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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)
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| 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) |
| 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.) |
| 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) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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 |
| 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) |
| 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). |
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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)
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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)
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| 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) |
| 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) |
| Filing 268 Report of Special Master Regarding Plan to Provide Ongoing Services to Universities filed by Mark E. Dottore. (Whitmer, Mary) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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.) |
| 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.) |
| 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) |
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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)
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| 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.) |
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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)
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| 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) |
| 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) |
| 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) |
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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).
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
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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)
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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)
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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)
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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)
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| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
| Filing 238 Attorney Appearance by Dean J. Formanek filed by on behalf of CAZ 1 DE LLC. (Formanek, Dean) |
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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)
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| 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) |
| 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) |
| Filing 235 Notice of Appearance and Request for Notices on Behalf of Intervenor Marina Awed filed by Marina A. Awed. (Gurbst, Richard) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| Filing 223 Motion to intervene as a party filed by Plaintiff/Intervenor Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Sullivan, Brian) |
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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)
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| 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). |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 210 Second Response to Order Requesting Views of the Settlement Administrator filed by Thomas J Perrelli. Related document(s) #144 . (Keating, Grant) |
| 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.) . |
| 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) |
| 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) |
| 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.) |
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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)
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| 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.) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
| Filing 198 Notice of Appearance as Co-Counsel for Intervenor-Plaintiff Hartford Fire Insurance Company filed by Hartford Fire Insurance Company. (Ledwin, Mark) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 193 Notice of Correction of Party Name filed by Hartford Fire Insurance Company. (Sullivan, Brian) |
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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)
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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)
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| 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) |
| Filing 191 Motion to intervene as a party filed by Hartford Fire Insurance Company. (Attachments: #1 Proposed Order on Motion to Intervene)(Sullivan, Brian) |
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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).
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| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 182 Second Statement of Interest concerning order to appear at hearing filed by United States. (Jacobson, Jonathan) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
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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)
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| Filing 175 Statement Regarding Western State College of Law filed by Studio Enterprise Manager, LLC. Related document(s) #162 .(Gibbons, M.) |
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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)
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| Filing 173 Response of Receiver to Joseph Harbaugh Letter filed by Mark E. Dottore. Related document(s) #156 . (Whitmer, Mary) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
| Filing 166 Motion to Request Open Phone Line filed by Plaintiff/Intervenor Marina A. Awed. (Awed, Marina) |
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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).
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| 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) |
| 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) |
| 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). |
| 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) |
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
| Filing 152 Motion to intervene as a party filed by Intervenor Middle States Commission on Higher Education. (Ballinger, Adam) |
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Filing 151
Agreed Order between the Receiver and 3601 Sunflower LLC. Approved by Magistrate Judge Thomas M. Parker on 3/13/2019. (D,JJ)
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| 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) |
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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)
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
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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)
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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).
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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)
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| 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) |
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) . |
| 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) |
| Filing 136 Statement of Interest concerning order to show cause why receivership should not be vacated filed by United States. (Jacobson, Jonathan) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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 ) |
| 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) |
| Filing 128 Response to #82 Motion to Approve Settlement Agreement filed by Flagler Master Fund SPC Ltd. (Lipps, Jeffrey) . |
| 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) |
| Filing 126 Limited Objection to Settlement Agreement filed by Dream Center South University, LLC. Related document(s) #118 , #82 , #85 . (Shrayber, Fridrikh) |
| Filing 125 Response to #82 Motion to Approve Settlement Agreement and Deadline for Filing Objections Included Herein filed by Buncher Company. (Roach, Jared) |
| 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) |
| 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) |
| 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) |
| Filing 121 Attorney Appearance by Fridrikh V. Shrayber filed by on behalf of Dream Center South University, LLC. (Shrayber, Fridrikh) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 115 Attorney Appearance by Myron N. Terlecky and John W. Kennedy filed by on behalf of 2323 Elliott Avenue, LLC. (Terlecky, Myron) |
| 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) |
| 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) |
| Filing 112 Emergency Motion to sell, transition or close argosy university campuses and art institutes campuses filed by Receiver Mark E. Dottore. (Whitmer, Mary) |
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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)
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| 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) |
| Filing 109 Attorney Appearance by Jeffrey C. Toole and Theodore M. Dunn, Jr., filed by on behalf of HGF L.P.. (Toole, Jeffrey) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 103 Attorney Appearance by Roger M. Synenberg filed by on behalf of Fluorine,LLC. (Synenberg, Roger) |
| 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) |
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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)
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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)
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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)
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| 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) |
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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)
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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)
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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)
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| Copy of #101 Order on Motion, mailed to Marina Awed, P.O. Box 1278, Trustin, CA 92781 on 3/5/2019. (D,JJ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 91 First Report of Special Master FIRST REPORT OF THE RECEIVER filed by Mark E. Dottore. (Attachments: #1 Exhibit Exhibit A)(Whitmer, Mary) |
| 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) |
| Filing 89 Motion to use the Court's Electronic Filing System filed by Interested Party Marina Awed. (W,CM) |
| Filing 88 Motion to intervene with Memorandum in Support filed by Interested Party Marina Awed. (W,CM) |
| Filing 87 Attorney Appearance by Katherine C. Ferguson filed by on behalf of Historic Berriman-Morgan, LLC. (Ferguson, Katherine) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| Filing 81 Attorney Appearance by Richard N. Selby, II filed by on behalf of Thomas J Perrelli. (Selby, Richard) |
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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)
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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)
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| 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) |
| 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) |
| Filing 76 Opposition to #72 Motion to Amend the Order Appointing Receiver filed by The Buncher Company. (Roach, Jared) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| Filing 68 Report of Special Master revised and amended report on stipends filed by Mark E. Dottore. Related document(s) #55 . (Whitmer, Mary) |
| 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). |
| 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). |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
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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)
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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)
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| 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). |
| Filing 58 Attorney Appearance by M. Colette Gibbons filed by on behalf of Studio Enterprise Manager, LLC. (Gibbons, M.) |
| Filing 57 Attorney Appearance by Charles A. Nemer filed by on behalf of DCEH Education Holdings, LLC, Mark E. Dottore. (Nemer, Charles) |
| 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). |
| Filing 55 Report of Special Master report on the payment of student stipends filed by Mark E. Dottore. (Whitmer, Mary) |
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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)
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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)
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| Remark by Finance. Funds in the amount of $120.00 refunded on 2/19/19 for receipt #0647-9139059. (S,NM) |
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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)
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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)
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| 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). |
| Filing 53 Attorney Appearance by William J. Stavole and Frederick D. Cruz filed by on behalf of 3601 Sunflower LLC. (Stavole, William) |
| Filing 52 Attorney Appearance by Craig S. Ganz filed by on behalf of Store SPE 1200 Lincoln, LLC. (Ganz, Craig) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| Filing 46 Proposed Order Authorizing Hemingway at Richmond, LLC to Intervene filed by Hemingway at Richmond, LLC. Related document(s) #45 . (Roessler, Kirk) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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). |
| 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) |
| 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) |
| Filing 39 Attorney Appearance by Daniel N. Sharkey filed by on behalf of HEFCO Meadowbrook LLC. (Sharkey, Daniel) |
| 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) |
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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)
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| Filing 36 Attorney Appearance by Jeffrey M. Levinson filed by on behalf of AI Philadelphia Limited Partnership. (Levinson, Jeffrey) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| Filing 33 Attorney Appearance and Request for Notices by Jared S. Roach filed by on behalf of The Buncher Company. (Roach, Jared) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| Filing 25 Amended Attorney Appearance by John C. Allerding filed by on behalf of U.S. Bank, National Association. (Allerding, John) |
| 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). |
| 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). |
| Filing 22 Proposed Order Application of receiver to retain Diamond McCarthy as attorneys for the receiver in California (Related Documents #21 )(Whitmer, Mary) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| Filing 13 Proposed Order clarifying order appointing reciever filed by Mark E. Dottore. Related document(s) #12 . (Whitmer, Mary) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 11 Oath of Receiver filed by Mark E. Dottore. Related document(s) #8 . (S,SR) |
| Financial Transaction in the amount of $100.00 received from Dottore Companies LLC. Receipt # 14660111154 Related document(s) #8 . (S,SR) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 6 Answer to #1 Complaint,, filed by Argosy Education Group, LLC, DCEH Education Holdings, LLC, South University of Ohio, LLC. (Glickman, Robert) |
| 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) |
| 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) |
| 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). |
| Filing 2 Corporate Disclosure Statement filed by Digital Media Solutions, LLC. (Bentz, Audrey) |
| 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) |
| Judge Dan Aaron Polster assigned to case, (B,R) |
| 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) |
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