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This case was last updated from PACER on 08/21/2020 at 08:29:32 (UTC).

POTTER v. ASHFORD UNIVERSITY et al

Case Summary

On 06/22/2020 POTTER filed a Civil Right - Education Discrimination lawsuit against ASHFORD UNIVERSITY. This case was filed in U.S. District Courts, California Southern District. The Judges overseeing this case are Daniel E. Butcher and Cathy Ann Bencivengo. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-01131

  • Filing Date:

    06/22/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Education Discrimination

  • Court:

    U.S. District Courts

  • Courthouse:

    California Southern District

Judge Details

Referral Judge

Daniel E. Butcher

Presiding Judge

Cathy Ann Bencivengo

 

Party Details

Plaintiff

DAVID SIDNEY POTTER

Pasadena, CA 91102

Defendants

IRENE STEIN

SCOTT BURRUS

CRAIG D SWENSON

Andrew Clark

Ashford University

KENNETH FETTIG

WILLIAM HODDE

ZOVIO INC

Bridgepoint Education, Inc.

Attorney/Law Firm Details

Defendant Attorneys

THOMAS R BRICE

Attorney at MCGUIRE WOODS LLP - JACKSONVILLE FL

50 N Laura St - Ste 3300

Jacksonville, FL 32202

CAMERON G KYNES

Attorney at MCGUIRE WOODS LLP - JACKSONVILLE FL

50 N Laura St - Ste 3300

Jacksonville, FL 32202

SEAN PATRICK WALSH

Attorney at MCGUIRE WOODS LLP - JACKSONVILLE FL

50 N Laura St - Ste 3300

Jacksonville, FL 32202

Sabrina A. Beldner

Attorney at McGuire Woods LLP

1800 Century Park East, 8Th Floor

Los Angeles, CA 90067

 

Court Documents

#22

(#22) CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that in light of the foregoing, it is hereby ORDERED that Defendants motion to dismiss is GRANTED. Because Defendants are not state actors and were not acting under the color of state law, any amendment to Counts 1, 3, 4, and 6 would be futile. Accordingly, these claims are DISMISSED WITH PREJUDICE. Likewise, because respondeat superior and vicarious liability and statute of limitations are not claims for relief, Counts 5 and 7 of the complaint are also DISMISSED WITH PREJUDICE. Finally, because Plaintiff could conceivably allege a breach of contract claim, Count 2 is DISMISSED WITHOUT PREJUDICE. However, because this case was removed to federal court based on federal question jurisdiction over claims that are now dismissed with prejudice, the Court declines supplemental jurisdiction over any amended breach of contract claims. Accordingly, if Plaintiff intends to attempt to proceed with an amended breach of contract claim, he should file such acomplaint in state court. It is SO ORDERED.(All non-registered users served via U.S. Mail Service)(anh) (dsn) (Entered: 08/07/2020)

#21

(#21) ORDER Granting Motion to Dismiss [Doc. No. #18 ]. Signed by Judge Cathy Ann Bencivengo on 8/7/2020. (All non-registered users served via U.S. Mail Service)(anh) (Entered: 08/07/2020)

#20

(#20) REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Ashford University, SCOTT BURRUS, Andrew Clark, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Beldner, Sabrina) (anh). (Entered: 08/03/2020)

#19

(#19) RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by DAVID SIDNEY POTTER. (anh) (Entered: 07/28/2020)

18 #2

Request for Judicial Notice

18 #1

Memo of Points and Authorities

#18

(#18) MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Ashford University, SCOTT BURRUS, Andrew Clark, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Beldner, Sabrina)Attorney Sabrina A. Beldner added to party Ashford University(pty:dft), Attorney Sabrina A. Beldner added to party SCOTT BURRUS(pty:dft), Attorney Sabrina A. Beldner added to party Andrew Clark(pty:dft), Attorney Sabrina A. Beldner added to party KENNETH FETTIG(pty:dft), Attorney Sabrina A. Beldner added to party WILLIAM HODDE(pty:dft), Attorney Sabrina A. Beldner added to party IRENE STEIN(pty:dft), Attorney Sabrina A. Beldner added to party CRAIG D SWENSON(pty:dft), Attorney Sabrina A. Beldner added to party ZOVIO INC(pty:dft) (anh). (Entered: 07/10/2020)

#17

(#17) Corporate Disclosure Statement by ZOVIO INC. No Corporate Parents/Interested Parties. (Beldner, Sabrina) (anh). (Entered: 07/10/2020)

#16

(#16) Corporate Disclosure Statement by Ashford University identifying Corporate Parent Zovio, Inc. for Ashford University.. (Beldner, Sabrina)(anh). (Entered: 07/10/2020)

#2

(#2) Corporate Disclosure Statement/Certificate of Interested Persons by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC identifying Corporate Parent Zovio, Inc. for ZOVIO INC.. (WALSH, SEAN) [Transferred from Florida Northern on 6/22/2020.] (Entered: 02/27/2020)

1 #7

Exhibit

1 #6

Exhibit

1 #5

Exhibit

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Exhibit

#1

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: NEW PRO SE NON PRISONER CASE - #1 Notice of Removal and #3 MOTION to Stay Deadline to File Response to Complaint Pending Resolution of Forthcoming Motion to Transfer - Referred to MICHAEL J FRANK. (tss) [Transferred from Florida Northern on 6/22/2020.] (Entered: 02/28/2020)

25 More Documents Available

 

Docket Entries

  • 08/07/2020
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  • Docket(#22) CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that in light of the foregoing, it is hereby ORDERED that Defendants motion to dismiss is GRANTED. Because Defendants are not state actors and were not acting under the color of state law, any amendment to Counts 1, 3, 4, and 6 would be futile. Accordingly, these claims are DISMISSED WITH PREJUDICE. Likewise, because respondeat superior and vicarious liability and statute of limitations are not claims for relief, Counts 5 and 7 of the complaint are also DISMISSED WITH PREJUDICE. Finally, because Plaintiff could conceivably allege a breach of contract claim, Count 2 is DISMISSED WITHOUT PREJUDICE. However, because this case was removed to federal court based on federal question jurisdiction over claims that are now dismissed with prejudice, the Court declines supplemental jurisdiction over any amended breach of contract claims. Accordingly, if Plaintiff intends to attempt to proceed with an amended breach of contract claim, he should file such acomplaint in state court. It is SO ORDERED.(All non-registered users served via U.S. Mail Service)(anh) (dsn) (Entered: 08/07/2020)

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  • 08/07/2020
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  • Docket(#21) ORDER Granting Motion to Dismiss [Doc. No. #18 ]. Signed by Judge Cathy Ann Bencivengo on 8/7/2020. (All non-registered users served via U.S. Mail Service)(anh) (Entered: 08/07/2020)

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  • 08/03/2020
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  • Docket(#20) REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Ashford University, SCOTT BURRUS, Andrew Clark, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Beldner, Sabrina) (anh). (Entered: 08/03/2020)

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  • 07/27/2020
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  • Docket(#19) RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by DAVID SIDNEY POTTER. (anh) (Entered: 07/28/2020)

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  • 07/10/2020
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  • Docket(#18) MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Ashford University, SCOTT BURRUS, Andrew Clark, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Beldner, Sabrina)Attorney Sabrina A. Beldner added to party Ashford University(pty:dft), Attorney Sabrina A. Beldner added to party SCOTT BURRUS(pty:dft), Attorney Sabrina A. Beldner added to party Andrew Clark(pty:dft), Attorney Sabrina A. Beldner added to party KENNETH FETTIG(pty:dft), Attorney Sabrina A. Beldner added to party WILLIAM HODDE(pty:dft), Attorney Sabrina A. Beldner added to party IRENE STEIN(pty:dft), Attorney Sabrina A. Beldner added to party CRAIG D SWENSON(pty:dft), Attorney Sabrina A. Beldner added to party ZOVIO INC(pty:dft) (anh). (Entered: 07/10/2020)

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  • 07/10/2020
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  • Docket(#17) Corporate Disclosure Statement by ZOVIO INC. No Corporate Parents/Interested Parties. (Beldner, Sabrina) (anh). (Entered: 07/10/2020)

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  • 07/10/2020
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  • Docket(#16) Corporate Disclosure Statement by Ashford University identifying Corporate Parent Zovio, Inc. for Ashford University.. (Beldner, Sabrina)(anh). (Entered: 07/10/2020)

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  • 06/22/2020
  • Docket(#15) Judge Cathy Ann Bencivengo and Magistrate Judge Daniel E. Butcher assigned to transfer case from Northern District of Florida. (All non-registered users served via U.S. Mail Service)(no document attached) (mme) (Entered: 06/22/2020)

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  • 06/22/2020
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  • Docket(#14) Case transferred in from the Northern District of Florida; Case Number 4:20-cv-00106-AW/MJF. Original file received electronically (mme) (Entered: 06/22/2020)

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  • 06/22/2020
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  • Docket(#13) ORDER TRANSFERRING CASE.The magistrate judge's #12 Report and Recommendation is adopted and incorporated by reference in this order. Defendants motion to transfer (ECF No. #6 ) is GRANTED. The clerk must take appropriate steps to transfer this case to the United States District Court for the Southern District of California. The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 6/19/2020. (rcb) [Transferred from Florida Northern on 6/22/2020.] (Entered: 06/22/2020)

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11 More Docket Entries
  • 03/10/2020
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  • Docket(#7) ORDER entered on #6 Motion to Transfer Case. If Plaintiff opposes Defendants' motion to transfer, he must file a memorandum of law in opposition on or before March 24, 2020. If Plaintiff elects not to file a response in opposition to Defendants' motion to transfer or fails to do so on or before March 24, 2020, this court will presume that Plaintiff does not oppose the motion, and this court likely will recommend that the District Court grant Defendants' motion to transfer. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 3/10/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.] (Entered: 03/10/2020)

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  • 03/09/2020
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  • DocketACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #5 MOTION Defendant's Opposition to State Court Motions , #6 MOTION to Transfer Case to Southern District of California . Referred to MICHAEL J FRANK. (jcw) [Transferred from Florida Northern on 6/22/2020.] (Entered: 03/09/2020)

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  • 03/06/2020
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  • Docket(#6) MOTION to Transfer Case to Southern District of California by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (Internal deadline for referral to judge if response not filed earlier: 3/20/2020). (Attachments: #1 Exhibit A, #2 Exhibit B) (KYNES, CAMERON) [Transferred from Florida Northern on 6/22/2020.] (Entered: 03/06/2020)

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  • 03/06/2020
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  • Docket(#5) MOTION Defendant's Opposition to State Court Motions by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (KYNES, CAMERON) [Transferred from Florida Northern on 6/22/2020.] (Entered: 03/06/2020)

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  • 03/02/2020
  • DocketSet Deadlines/Hearings - Motion to Transfer due by 3/6/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.] (Entered: 03/02/2020)

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  • 02/28/2020
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  • Docket(#4) ORDER granting #3 Motion to Stay. On or before March 6, 2020, Defendants shall file a motion to transfer. The deadline for Defendants to respond to the complaint will be stayed until twenty-one days after this court's ruling on Defendants' motion to transfer. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 2/28/2020. (jcw) [Transferred from Florida Northern on 6/22/2020.] (Entered: 03/02/2020)

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  • 02/28/2020
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  • DocketACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: NEW PRO SE NON PRISONER CASE - #1 Notice of Removal and #3 MOTION to Stay Deadline to File Response to Complaint Pending Resolution of Forthcoming Motion to Transfer - Referred to MICHAEL J FRANK. (tss) [Transferred from Florida Northern on 6/22/2020.] (Entered: 02/28/2020)

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  • 02/27/2020
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  • Docket(#3) Defendant's Motion to Stay Deadline to File Response to Complaint Pending Resolution of Forthcoming Motion to Transfer by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC. (WALSH, SEAN) Modified to edit title on 2/28/2020 (rcb). [Transferred from Florida Northern on 6/22/2020.] (Entered: 02/27/2020)

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  • 02/27/2020
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  • Docket(#2) Corporate Disclosure Statement/Certificate of Interested Persons by ASHFORD UNIVERSITY, SCOTT BURRUS, ANDREW CLARK, KENNETH FETTIG, WILLIAM HODDE, IRENE STEIN, CRAIG D SWENSON, ZOVIO INC identifying Corporate Parent Zovio, Inc. for ZOVIO INC.. (WALSH, SEAN) [Transferred from Florida Northern on 6/22/2020.] (Entered: 02/27/2020)

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  • 02/21/2020
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  • Docket(#1) NOTICE OF REMOVAL by Kenneth Fettig, Zovio, Inc., William Hodde, Scott Burrus, Ashford University, Irene Stein, Andrew Clark, Craig D. Swenson from Circuit Court, Second Judicial Circuit, in and for Leon County, case number 2019-CA-002575. ( Filing fee $ 400 receipt number AFLNDC-4885929.), filed by Kenneth Fettig, Zovio, Inc., William Hodde, Scott Burrus, Ashford University, Irene Stein, Andrew Clark, Craig D. Swenson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (WALSH, SEAN) [Transferred from Florida Northern on 6/22/2020.] (Entered: 02/21/2020)

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