William Loveland College v. Distance Education Accredition Commission
New York Southern District Court | |
Judge: | Vincent L Briccetti |
Case #: | 7:17-cv-03726 |
Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
Cause | 28:1331dp Fed. Question: Violation of Due Process |
Case Filed: | May 17, 2017 |
Terminated: | Oct 02, 2017 |
Last checked: Monday Nov 13, 2017 4:04 AM EST |
Defendant
Distance Education Accredition Commission
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Represented By
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Plaintiff
William Loveland College
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Represented By
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Docket last updated: 03/26/2024 11:59 PM EDT |
Tuesday, October 03, 2017 | ||
misc
Received Acknowledgment (Electronic Case Transfer)
Wed 10/11 11:29 AM
Received e-mail from the United States District Court - District of District of Columbia acknowledging receipt of transferred case. Assigned Case Number: 1:17-cv-02037, filed on 10/02/2017. (sjo) |
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Monday, October 02, 2017 | ||
20 | 20
transfer
Case Transferred Out - District Transfer
Mon 10/02 9:25 AM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Columbia (yv) |
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Friday, September 22, 2017 | ||
19 | 19
1
pgs
order
Order on Motion to Dismiss Order on Motion to Transfer Case
Fri 09/22 4:26 PM
ORDER denying without prejudice7 Motion to Dismiss; granting8 Motion to Transfer Case. The motion to transfer venue is GRANTED. The motion to dismiss is DENIED WITHOUT PREJUDICE TO RENEWAL IN THE TRANSFEREE COURT. To the extent defendant is seeking costs and attorneys' fees pursuant to 28 U.S.C. § 1927, that application is DENIED. Plaintiff's counsel's conduct does not rise to level necessary to warrant attorneys' fees and costs under that statute. The Clerk is instructed to terminate the motions. (Docs. ##7, 8). The Clerk is further instructed to transfer this case to the United States District Court for the District of Columbia, pursuant to 28 U.S.C. § 1406(a). So Ordered. (Signed by Judge Vincent L. Briccetti on 9/22/17) (yv) |
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Thursday, September 07, 2017 | ||
18 | 18
respm
Reply Affidavit in Support of Motion
Thu 09/07 6:54 PM
REPLY AFFIDAVIT of Joshua N. Ruby, Esq. in Support re:8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1406 or, in the Alternative, 28 U.S.C. 1404, to the United States District Court for the District of Columbia .. Document filed by Distance Education Accredition Commission.(Ruby, Joshua) |
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Att: 1 Exhibit 1, | ||
Att: 2 Exhibit 2 | ||
17 | 17
respm
Reply Memorandum of Law in Support of Motion
Thu 09/07 6:50 PM
REPLY MEMORANDUM OF LAW in Support re:8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1406 or, in the Alternative, 28 U.S.C. 1404, to the United States District Court for the District of Columbia . . Document filed by Distance Education Accredition Commission. (Ruby, Joshua) |
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16 | 16
respm
Reply Memorandum of Law in Support of Motion
Thu 09/07 6:47 PM
REPLY MEMORANDUM OF LAW in Support re:7 MOTION to Dismiss . . Document filed by Distance Education Accredition Commission. (Ruby, Joshua) |
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Thursday, August 31, 2017 | ||
15 | 15
respm
Response to Motion
Thu 08/31 9:46 AM
RESPONSE to Motion re:7 MOTION to Dismiss .,8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1406 or, in the Alternative, 28 U.S.C. 1404, to the United States District Court for the District of Columbia . . Document filed by William Loveland College. (Koplen, Michael) |
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Wednesday, August 16, 2017 | ||
14 | 14
notice
Notice of Appearance
Wed 08/16 9:35 AM
NOTICE OF APPEARANCE by Joshua Nathaniel Ruby on behalf of Distance Education Accredition Commission. (Ruby, Joshua) |
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Tuesday, August 15, 2017 | ||
13 | 13
order
Endorsed Letter
Tue 08/15 2:47 PM
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Michael A. Koplen dated 8/14/17 re: advising that plaintiff elects to rely on the complaint as filed and do not seek leave to file an amended complaint. ENDORSEMENT: The Clerk is instructed to docket this letter. So Ordered. (Signed by Judge Vincent L. Briccetti on 8/15/17) (yv) |
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Friday, August 04, 2017 | ||
12 | 12
misc
Rule 7.1 Corporate Disclosure Statement
Fri 08/04 10:19 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Distance Education Accredition Commission.(Shapiro, Stanley) |
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11 | 11
order
Order
Fri 08/04 10:05 AM
ORDER re:8 MOTION to Transfer Case Pursuant to 28 U.S.C. 1406 or, in the Alternative, 28 U.S.C. 1404, to the United States District Court for the District of Columbia . filed by Distance Education Accredition Commission. Defendant having filed a motion to dismiss the complaint on August 3, 2017 (Doc. #8), the Court sua sponte grants plaintiff leave to file an amended complaint. Accordingly, it is hereby ORDERED that, by no later than August 14, 2017, plaintiff must notify the Court by letter, with a copy simultaneously delivered to defense counsel, whether (i) it intends to file an amended complaint, or (ii) it will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, it must file the amended complaint by no later than 14 days after notifying the Court of its intent to do so. Defendant may then either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with a copy simultaneously delivered to plaintiff's counsel, that it is relying on the initially filed motion to dismiss. If defendant chooses to file an answer or motion to dismiss the amended complaint, the time to do so shall be governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/4/17) (yv) |
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Thursday, August 03, 2017 | ||
10 | 10
order
Order on Motion for Oral Argument
Thu 08/03 6:01 PM
ORDER denying9 Letter Motion for Oral Argument: If the Court decides oral argument is necessary or appropriate, it will so advise counsel. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) |
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9 | 9
motion
Oral Argument
Thu 08/03 5:30 PM
LETTER MOTION for Oral Argument on Motion to Dismiss and Motion to Transfer addressed to Judge Vincent L. Briccetti from Stanley K. Shapiro dated August 3, 2017. Document filed by Distance Education Accredition Commission.(Shapiro, Stanley) |
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8 | 8
motion
Transfer Case
Thu 08/03 5:24 PM
MOTION to Transfer Case Pursuant to 28 U.S.C. 1406 or, in the Alternative, 28 U.S.C. 1404, to the United States District Court for the District of Columbia . Document filed by Distance Education Accredition Commission.(Shapiro, Stanley) |
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Att: 1 Memorandum of Law, | ||
Att: 2 Affidavit of Joshua N. Ruby, Esq., | ||
Att: 3 Exhibit 1, | ||
Att: 4 Exhibit 2, | ||
Att: 5 Exhibit 3, | ||
Att: 6 Exhibit 4, | ||
Att: 7 Exhibit 5, | ||
Att: 8 Exhibit 6 | ||
7 | 7
motion
Dismiss
Thu 08/03 5:12 PM
MOTION to Dismiss . Document filed by Distance Education Accredition Commission. Responses due by 8/14/2017(Shapiro, Stanley) |
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Att: 1 Memorandum of Law, | ||
Att: 2 Affidavit of Joshua N. Ruby, Esq., | ||
Att: 3 Exhibit 1, | ||
Att: 4 Exhibit 2 | ||
Tuesday, May 23, 2017 | ||
4 | 4
service
Summons Issued
Wed 05/24 4:34 PM
ELECTRONIC SUMMONS ISSUED as to Distance Education Accredition Commission. (sj) |
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3 | 3
service
Request for Issuance of Summons
Tue 05/23 10:12 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Distance Education Accreditation Commission, re:2 Complaint,,. Document filed by William Loveland College. (Koplen, Michael) |
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Monday, May 22, 2017 | ||
2 | 2
cmp
Complaint
Mon 05/22 5:07 PM
COMPLAINT against Distance Education Accredition Commission. Document filed by William Loveland College.(Koplen, Michael) |
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Att: 1 Affidavit Verification, | ||
Att: 2 Exhibit Exhibit A, | ||
Att: 3 Exhibit Exhibit B, | ||
Att: 4 Exhibit Exhibit C, | ||
Att: 5 Exhibit Exhibit D, | ||
Att: 6 Exhibit Exhibit E, | ||
Att: 7 Exhibit Exhibit F, | ||
Att: 8 Exhibit Exhibit G, | ||
Att: 9 Exhibit Exhibit H, | ||
Att: 10 Exhibit Exhibit I, | ||
Att: 11 Exhibit Exhibit J, | ||
Att: 12 Exhibit Exhibit K, | ||
Att: 13 Exhibit Exhibit L, | ||
Att: 14 Exhibit Exhibit M, | ||
Att: 15 Exhibit Exhibit N | ||
Wednesday, May 17, 2017 | ||
1 | 1
cmp
Complaint
Wed 05/17 7:55 PM
COMPLAINT against Distance Education Accrediting Commission. (Filing Fee $ 400.00, Receipt Number 0208-13677935)Document filed by William Loveland College Inc.(Koplen, Michael) |
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misc
Notice to Attorney Regarding Party Modification
Thu 05/18 8:52 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael A. Koplen. The party information for the following party/parties has been modified: William Loveland College Inc, Distance Education Accrediting Commission. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party name was entered incorrectly. (vf) |
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 05/18 8:58 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael A. Koplen to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; and Exhibits must be filed as attachments to the main document. Each attachment must be clearly titled in the ECF entry. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Thu 05/18 9:01 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael A. Koplen. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 05/22 10:38 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael A. Koplen. The following case opening statistical information was erroneously selected/entered: Dollar Demand 17,400,000,000; County code Westchester. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State. (vf) |
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notice
Case Opening Initial Assignment Notice
Mon 05/22 10:55 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (vf) |
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utility
Case Designation
Mon 05/22 10:56 AM
Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (vf) |
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utility
Case Designated ECF
Mon 05/22 10:56 AM
Case Designated ECF. (vf) |