USCOURTS-caed-2 - 10-cv-02478-7 IMP CONTACT INFO

Case 2:10-cv-02478-MCE-EFB Document 75 Filed 10/18/13 Page 1 of 4
1 DANIEL ROBERT BARTLEY,

CA Bar No. 79586
2 4040 Civic Center Drive, Suite 200
San Rafael, CA 94903-4184
3 Telephone 415 898 4741
Fax 415 898 4841
4 Email DanielBartleyLaw@aol.com
5 SHARON GREEN, CA Bar No. 43392
3004 Beach View Court
6 Las Vegas, NV 89117
Telephone 702 596 1931
7 Fax 702 385 4593
Email vertlaw@aol.com
8
Attorneys for Derek Hoggett and
9 Tavis Good, Relators
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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14 UNITED STATES OF AMERICA and ) Case No. 2:10-CV-2478 MCE EFB
STATE OF CALIFORNIA, ex rel. )
15 DEREK HOGGETT and TAVIS GOOD, ) [
) ORDER GRANTING RELATORS LEAVE TO
16 ) FILE THIRD AMENDED COMPLAINT FOR
Plaintiffs, ) DAMAGES, WITH DEMAND FOR JURY
17 ) TRIAL
)
18 vs. )
) )
19 )
UNIVERSITY OF PHOENIX, APOLLO )
20 GROUP, INC., and DOES 1 through 100, )
Inclusive, )
21 )
)
22 Defendants. )
)
23 ___________________________________ )
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Relators Derek Hoggett and Tavis Good have moved the Court for leave to file a "Third
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Amended Complaint for Damages, with Demand for Jury Trial." Relators’ proposed Third
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27 Amended Complaint seeks only to add a new paragraph 10(a) to its predecessor.
28 Defendants have failed a Statement of Non-Opposition to Relators’ Motion.

1 The Court considers five factors in assessing the propriety of leave to amend — bad faith,
2 undue delay, prejudice to the opposing party, futility of amendment, and whether the plaintiff has
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previously amended the complaint. Johnson v. Buckley, 356 F.3d 1067, 1077 (2004). Here, there is
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no evidence of delay, prejudice, bad faith, or previous amendments beyond one amendment to
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correct a clerical error. Therefore, leave to amend turns on whether amendment would be futile.
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7 Here, in response to Defendants' assertion that Relators failed to give pre-filing notice to the
8 Department of Education, Relators now allege, in revised paragraph 10(a) of the proposed Third
9 Amended Complaint, additional details supporting Relators' claim that pre-filing complaints about
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Defendants' conduct – paying Enrollment Counselors based on the number of students enrolled,
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were made to the U.S. Department of Education ("ED"). As indicated above, Defendants do not
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oppose that amendment.
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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Relators’ motion for leave
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15 to amend and file a Third Amended Complaint be, and it hereby is, GRANTED.1 Relators are
16 directed to file their proposed Third Amended Complaint within twenty (20) days of the order being
17 electronically filed.
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Dated: October 17, 2013
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Because oral argument was not of material assistance, the Court ordered this matter submitted on the briefs. E.D. Cal.
28 Local Rule 230(g).
2.
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7 PROOF OF SERVICE
8 I declare I am employed in the County of Marin, State of California, by Daniel Robert

Bartley Law Offices, 4040 Civic Center Drive, Suite 200, San Rafael, CA, 94903-4184. I certify
9 that I am over the age of 18. I hereby certify that on today's date, I electronically filed the foregoing
"PROPOSED ORDER GRANTING LEAVE TO FILETHIRD AMENDED
10 COMPLAINT FOR DAMAGES, WITH DEMAND FOR JURY TRIAL" with the
Clerk of the United States District Court for the Eastern District of California by using the District
11 Court's CM/ECF system. I certify that all the counsel listed below are registered CM/ECF users and
that service will be accomplished by the CM/ECF system.
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MATTHEW G. JACOBS (State Bar No. Jonathan C. Bunge, Esq., Leonid Feller, Esq.,
13 122066) and Alec Solotorovsky
DLA PIPER LLP (US) KIRKLAND & ELLIS LLP
14 400 Capitol Mall, Suite 2400 300 North LaSalle Street
Sacramento, CA 95814 Chicago, Illinois 60654
15 Telephone: (916) 930-3200 Tel 312 862-2000 • Fax 312 862-2200
Email Jbunge@kirkland.com
16 Facsimile: (916) 930-3201
Email: matthew.jacobs@dlapiper.com
17 Jay D. Majors, Esq. Catherine Swann, Assistant U.S. Attorney
Civil Division - Fraud Section Office of the U.S. Attorney
18 Commercial Litigation Branch Sacramento Federal Courthouse
U.S. Department of Justice 501 " I " Street Suite 10-100
19 601 D Street, N.W. Sacramento, CA 95814
Post Office Box 261, Ben Franklin Station Tel 916 554-2700 • Fax 916 554-2900
20 Washington, D.C. 20004 Email Catherine Swann@usdoj.gov
Tel 202 307 0264 • Fax 202 514 0280
21 Email Jay.Majors@usDOJ.gov
22 Rick Acker, Esq.
Deputy Attorney General
23 Office of State of California Attorney General
State of California Department of Justice
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Office of the Attorney General
25 1300 "I" Street
P.O. Box 944255
26 Sacramento, CA 94244-2550
Tel 916 445-9555
27 Email Rick.Acker@doj.ca.gov
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3.
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I declare under penalty of perjury, under the laws of the State of California, that the
2 foregoing is true and correct and that this declaration was executed on this 31st day of July, 2013, in
San Rafael, Marin County, California.
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By:_s___________________________________
/
5 Daniel Robert Bartley
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Case 2:10-cv-02478-MCE-EFB Document 75 Filed 10/18/13 Page 1 of 4

1 DANIEL ROBERT BARTLEY,

28 Defendants have failed a Statement of Non-Opposition to Relators’ Motion.

8 I declare I am employed in the County of Marin, State of California, by Daniel Robert

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