U.S. ex rel. Caron v. B&H Education, Inc., CV 13-5256 RGK (AJWx). (2016)
Court: District Court, C.D. California
Number: infdco20160824822
Visitors: 7
Filed: Aug. 22, 2016
Latest Update: Aug. 22, 2016
Summary: ORDER RE: DISMISSAL [FILED CONCURRENTLY: JOINT STIPULATION OF DISMISSAL; CONSENT OF THE UNITED STATES] R. GARY KLAUSNER , District Judge . ORDER For good cause shown, IT IS HEREBY ORDERED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and 31 U.S.C. 3730(b), that: 1. All claims for relief and causes of action filed in this action against all defendants are hereby dismissed, said dismissal being: (A) with prejudice as to relators Terisa Mercer Caron, Veronica Trejo, Pai
Summary: ORDER RE: DISMISSAL [FILED CONCURRENTLY: JOINT STIPULATION OF DISMISSAL; CONSENT OF THE UNITED STATES] R. GARY KLAUSNER , District Judge . ORDER For good cause shown, IT IS HEREBY ORDERED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and 31 U.S.C. 3730(b), that: 1. All claims for relief and causes of action filed in this action against all defendants are hereby dismissed, said dismissal being: (A) with prejudice as to relators Terisa Mercer Caron, Veronica Trejo, Paig..
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ORDER RE: DISMISSAL
[FILED CONCURRENTLY: JOINT STIPULATION OF DISMISSAL; CONSENT OF THE UNITED STATES]
R. GARY KLAUSNER, District Judge.
ORDER
For good cause shown, IT IS HEREBY ORDERED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and 31 U.S.C. § 3730(b), that:
1. All claims for relief and causes of action filed in this action against all defendants are hereby dismissed, said dismissal being:
(A) with prejudice as to relators Terisa Mercer Caron, Veronica Trejo, Paige Stevens, Heather Luedtke, Tameca Shelton, and Cindy Juarez (collectively, "Relators"), except for the claims identified below in Paragraph 2;
(B) with prejudice as to the United States of America ("United States") only as to the following alleged conduct by defendant B&H Education, Inc. ("B&H") during the period from January 1, 2008 through February 26, 2016:
That B&H violated the federal False Claims Act (31 U.S.C. §§ 3729-3733) by submitting, or causing the submission of, false claims for payment of federal student loan funds under Title IV of the Higher Education Act of 1965, 20 U.S.C. §§ 1070, et seq., through: (i) Falsification and manipulation of the "90/10" rule; (ii) Falsification of graduation and career placement data; (iii) Manipulation of student attendance records to ensure continued draw-downs of federal student loans; (iv) Manipulation and falsification of student entrance exams and/or ability-to-benefit tests; (v) Manipulation and alteration of High School Completion Programs at Parkridge Private School located in Long Beach, CA; and (vi) Falsification and manipulation of Student Academic Reports and/or student grades;
(C) without prejudice as to the United States as to any allegation against defendants Dr. Rashed Elyas, Dr. Nagui Elyas, Mike Benvenuti, and Michael Flecker (the "Individual Defendants"); and
(D) without prejudice as to the United States as to any allegation against B&H not set forth in Paragraph 1.(B), supra. and,
2. except that Relators' claim for a relators' share to be paid by the United States pursuant to 31 U.S.C. § 3730(d) is not dismissed; and the Court retains jurisdiction to determine, if necessary, the relators' share that Relators should obtain pursuant to 31 U.S.C. § 3730(d).
IT IS SO ORDERED.
Source: Leagle
