Southern California Institute of Law v. TCS Education System et al

Filing 79

STATUS REPORT filed by Defendant TCS Education System. (Sarris, Nicholas)

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Jeffrey S. Whittington, Esq./SBN 236028
Email: [e-mail]
Nicholas W. Sarris, Esq./SBN 242011
Email: [e-mail]
Vanessa K. Manolatou, Esq./SBN 266541
Email: [e-mail]
KAUFMAN BORGEEST & RYAN LLP
23975 Park Sorrento, Suite 370
Calabasas, CA 91302
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
EDUCATION SYSTEM

TCS

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
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)
)
)
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Plaintiff,
)
)
vs.
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TCS EDUCATION SYSTEM, an
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Illinois corporation; DAVID J.
)
)
FIGULI, an individual; and
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GLOBAL EQUITIES, LLC d/b/a
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HIGHER EDUCATION GROUP, a )
Colorado limited liability company, )
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Defendants.
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SOUTHERN CALIFORNIA
INSTITUTE OF LAW, a California
corporation,

Case No. CV10-8026 JAK (AJWx)
(Assigned to the Hon. John A.
Kronstadt)
JOINT STATUS REPORT
Complaint Filed: October 25, 2010
Discovery Cut-Off: November 30,
2011
Trial Date: March 27, 2012

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TO THE HONORABLE JOHN A. KRONSTADT:

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I.

THE PARTIES

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Plaintiff is a for-profit California corporation that operates a law school

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with campuses in Santa Barbara and Ventura Counties. Defendant TCS is a

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not-for-profit corporation that affiliates with specialized schools and colleges,
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providing financial support and other resources. Defendant David J. Figuli

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(“Figuli”) is a Colorado-based attorney who specializes in the education

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industry. Defendant Global Equities, LLC, which does business as Higher

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Education Group (“HEG”), provides consulting to post-secondary education

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institutions.

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II.

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CASE STATUS AND SETTLEMENT
On October 3, 2011, the parties appeared for a hearing with respect to

the Motions to Dismiss filed on behalf of each of the defendants.

Such

Motions to Dismiss were granted in part, and denied in part. At the hearing,
the Court directed the parties to return to court on November 28, 2011, to
advise as to the status of settlement efforts between the parties. The Court
further instructed that, if the matter had been settled, no appearance on
November 28, 2011, would be required.
Following the October 3, 2011, hearing on the Motions to Dismiss,
plaintiff filed a Second Amended Complaint on October 18, 2011.
Additionally, and following the taking of several depositions, the parties
participated in private mediation with Philip Meldman, Esq, on November 10,
2011. During mediation, the case settled with respect to all parties.
Inasmuch as the matter has settled, the parties respectfully request that
the November 28, 2011, status conference be taken off calendar.

Within

approximately two weeks, the parties anticipate filing a stipulation of dismissal
with prejudice as to the entire action and lodging a proposed order thereon.

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Respectfully submitted,
DATED: November 18, 2011

KAUFMAN BORGEEST & RYAN LLP

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By:

/s/ Jeffrey S. Whittington
JEFFREY S. WHITTINGTON, ESQ.
NICHOLAS W. SARRIS, ESQ.

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_________________________________________________________________________________________
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DATED: November 18, 2011
By:

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VANESSA K. MANOLATOU, ESQ.
Attorneys for Defendant
TCS EDUCATION SYSTEM
LAW OFFICES OF GEORGE SHOHET
/s/ George A. Shohet
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GEORGE A. SHOHET, ESQ.
Attorneys for Plaintiff
SOUTHERN CALIFORNIA INSTITUTE
OF LAW

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DATED: November 18, 2011

LAW OFFICES OF KREINDLER &
KREINDLER LLP

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By:

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/s/ Gretchen M. Nelson
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GRETCHEN M. NELSON, ESQ.
JACOB MENSCH, ESQ.
Attorneys for Plaintiff
SOUTHERN CALIFORNIA INSTITUTE
OF LAW

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DATED: November 18, 2011

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By:

LAW
OFFICES
FITZGERALD LLP

OF

STRAZULO

/s/ Maurice J. Fitzgerald
MAURICE J. FITZGERALD, ESQ.
CODY JAFFE, ESQ.
Attorneys for Defendants
DAVID J. FIGULI and GLOBAL
EQUITIES, LLC d/b/a HIGHER
EDUCATION GROUP

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PROOF OF SERVICE
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CASE NAME: Southern California Institute of Law v. TCS Education System, et al.
CASE NO.: CV10-8026 PSG

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I declare as follows:
I am employed in the County of Los Angeles, California. I am over the age of 18 years, and
not a party to the within action; my business address is 23975 Park Sorrento, Suite 370, Calabasas,
California 91302. I am readily familiar with my employer’s business practice for collection and
processing of correspondence for mailing with the United States Postal Service. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing affidavit.
On November 18, 2011, I served a true and correct copy, with all exhibits, of the following
document(s) described as follows:

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JOINT STATUS REPORT

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[]

on the interested parties in the within action by placing the above documents in the United
States mail for Express Mail delivery at 23975 Park Sorrento, Suite 370, Calabasas,
California 91302 in a sealed envelope, with Express Mail postage thereon fully prepaid; by
depositing copies of the above documents in a box or other facility regularly maintained by
Federal Express, with delivery fees paid by the sender’s account. (Code of Civil Procedure §
1013(c).) (Overnight Delivery Service)

[]

via CM/ECF (eService)

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on the interested parties in the within action by faxing a true and correct copy of the
above documents to the facsimile number listed below. (Fax Service)

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[]

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on the party or parties named below, by following ordinary business practice, placing a true
copy thereof enclosed in a sealed envelope, for collection and mailing with a United States
Postal Service, where it would be deposited for first class delivery, postage fully prepaid, in
the United States Postal Service, that same day in the ordinary course of business, addressed
as set forth below. (Regular Office Deposit)

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SEE ATTACHED SERVICE LIST
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I certify under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on November 18, 2011, at Calabasas,
California.
By:

/s/ Rina Howard
Signature of Declarant

By:

Rina Howard
Name of Declarant

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SERVICE LIST
GEORGE A. SHOHET (SBN 112697)
LAW OFFICES OF GEORGE A. SHOHET, PC
245 Main Street, Suite 310
Venice, CA 90291-5216
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff SOUTHERN CALIFORNIA INSTITUTE OF LAW
GRETCHEN M. NELSON (SBN 112566)
KREINDLER & KREINDLER LLP
707 Wilshire Blvd., Suite 4100
Los Angeles, CA 90017
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff SOUTHERN CALIFORNIA INSTITUTE OF LAW

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MAURICE J. FITZGERALD
CODY JAFFE
STRAZULO FITZGERALD
3 Embarcadero Center, 8th Floor
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants DAVID J. FIGULI and GLOBAL EQUITIES, LLC, DBA HIGHER
EDUCATION GROUP

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