DeVry/Becker Educational Development Corporation v. Constantine et al

Filing 56

CONSENT DECREE AND PERMANENT INJUNCTION by Judge Andre Birotte, Jr., that Defendant and his agents, servants, employees and all persons in active concertand participation with him who receive actual notice of the Injunction are hereby restrained and enjoined. Each side shall bear its own fees and costs of suit. Except as provided herein, all claims alleged in the First Amended Complaint against Defendant are dismissed with prejudice. (Case CLOSED). (jp)

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J. Andrew Coombs (SBN 123881)
[e-mail]
Annie S. Wang (SBN 243027)
[e-mail]
J. Andrew Coombs, A Prof. Corp.
520 East Wilson Ave., Suite 200
Glendale, California 91206
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff DeVry/Becker Educational
Development Corporation
J. Curtis Edmondson, P.E. (SBN 236105)
[e-mail]
Law Offices of J. Curtis Edmondson
Venture Commerce Center
3699 NW John Olsen Place
Hillsboro, Oregon 97124
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant
Christian Hamilton

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
DeVry/Becker Educational Development )
)
Corporation,
)
)
Plaintiff,
)
)
vs.
)
Christian Hamilton; Teodor Brestnichki )
d/b/a William Camper; Mary Kostov a/k/a)
)
Marinela Kostova; and Does 4-10,
)
inclusive,
)
)
Defendants.
)

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Case No.: CV14-03255 AB (RZx)
[PROPOSED] CONSENT DECREE
AND PERMANENT INJUNCTION

The Court, having read and considered the Joint Stipulation for Entry of
Consent Decree and Permanent Injunction that has been executed by Plaintiff
DeVry/Becker Educational Development Corporation (“Plaintiff”) and Defendant
Christian Hamilton (“Defendant”), in this action, and good cause appearing therefore,

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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hereby:

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ORDERS that based on the Parties’ stipulation and only as to Defendant, his

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successors, heirs, and assignees, this Injunction shall be and is hereby entered in the

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within action as follows:

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1)

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matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338.

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Service of process was properly made against Defendant.

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2)

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registrations listed in Exhibits A and B attached hereto and incorporated herein by this

This Court has jurisdiction over the parties to this action and over the subject

Plaintiff is the owner of all rights in and to the copyright and trademark

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reference (collectively referred to herein as “Plaintiff’s Properties”).

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3)

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Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff’s

Properties or substantially similar likenesses or colorable imitations thereof.
4)

Defendant and his agents, servants, employees and all persons in active concert

and participation with him who receive actual notice of the Injunction are hereby
restrained and enjoined from:

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a)

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Infringing Plaintiff’s Properties, either directly or contributorily, in any

manner, including generally, but not limited to manufacturing, importing,

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distributing, advertising, selling and/or offering for sale any unauthorized

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product which features any of Plaintiff’s Properties (“Unauthorized Products”),

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and, specifically from:

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i)

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Importing, manufacturing, distributing, advertising, selling and/or

offering for sale the Unauthorized Products or any other unauthorized

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products which picture, reproduce, copy or use the likenesses of or bear a

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substantial similarity to any of Plaintiff’s Properties;

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ii)

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Importing, manufacturing, distributing, advertising, selling and/or

offering for sale in connection thereto any unauthorized promotional

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materials, labels, packaging or containers which picture, reproduce, copy

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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or use the likenesses of or bear a confusing similarity to any of Plaintiff’s

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Properties;

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iii)

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likely to confuse, mislead or deceive purchasers, Defendant’s customers

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and/or members of the public to believe, the actions of Defendant, the

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products sold by Defendant, or Defendant himself is connected with

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Plaintiff, is sponsored, approved or licensed by Plaintiff, or is affiliated

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with Plaintiff;

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iv)

Engaging in any conduct that tends falsely to represent that, or is

Affixing, applying, annexing or using in connection with the

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importation, manufacture, distribution, advertising, sale and/or offer for

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sale or other use of any goods or services, a false description or

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representation, including words or other symbols, tending to falsely

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describe or represent such goods as being those of Plaintiff.
5)

Each side shall bear its own fees and costs of suit.

6)

Except as provided herein, all claims alleged in the First Amended Complaint

against Defendant are dismissed with prejudice.
7)

This Injunction shall be deemed to have been served upon Defendant at the time

of its execution by the Court.
8)

The Court finds there is no just reason for delay in entering this Injunction and,

pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs
immediate entry of this Injunction against Defendant.
9)

The Court shall retain jurisdiction of this action to entertain such further

proceedings and to enter such further orders as may be necessary or appropriate to
implement and enforce the provisions of this Injunction.
10)

The above-captioned action, shall, upon filing by Plaintiff of the Settlement

Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation,
and requesting entry of judgment against Defendant, be reopened should Defendant

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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default under the terms of the Settlement Agreement.

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11)

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from the date of entry of this Consent Decree and Permanent Injunction on PACER,

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pursuant to Kokkonen vs. Guardian Life Insurance Corporation, 511 U.S. 375 (1994),

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for the purpose of making further orders necessary or proper for the construction or

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modification of this consent decree and judgment; the enforcement hereof; the

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punishment of any violations hereof; and for the possible entry of a further Judgment

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Pursuant to Stipulation in this action.

This Court shall retain jurisdiction over Defendant, for a period of ten (10) years

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DATED: April 7, 2015
________________________________
Hon. André Birotte Jr.
United States District Judge

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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EXHIBIT A

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COPYRIGHT REGISTRATIONS

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TITLE OF WORK

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Copyright
Registration No.
(TX form #):

Copyright Claimant

TX0007815718

DeVry/Becker
Educational
Development Corp.

TX0007815591

DeVry/Becker
Educational
Development Corp.

TX0007815583

DeVry/Becker
Educational
Development Corp.

TX0007815592

DeVry/Becker
Educational
Development Corp.

TX0007813232

DeVry/Becker
Educational
Development Corp.

TX0007813217

DeVry/Becker
Educational
Development Corp.

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Becker Professional Education
CPA Exam Review Business 2013
Edition Instructor Version

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13

Becker Professional Education
CPA Exam Review Auditing First
Classes 2013 Edition Version A

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Becker Professional Education
CPA Exam Review Financial 2013
Edition

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Becker Professional Education
CPA Exam Review Auditing 2013
Edition Version A

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Becker Professional Education
CPA Exam Review Auditing 2013
Edition Version B

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Becker Professional Education
CPA Exam Review Auditing 2013
Edition Version A (Instructor
Version)

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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Becker Professional Education
CPA Exam Review Financial First
Classes 2013 Edition

TX0007813374

DeVry/Becker
Educational
Development Corp.

TX0007813229

DeVry/Becker
Educational
Development Corp.

TX0007812626

DeVry/Becker
Educational
Development Corp.

TX0007812631

DeVry/Becker
Educational
Development Corp.

TX0007812630

DeVry/Becker
Educational
Development Corp.

TX0007812628

DeVry/Becker
Educational
Development Corp.

TX0007811466

DeVry/Becker
Educational
Development Corp.

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8

Becker Professional Education
CPA Exam Review Auditing First
Classes 2013 Edition Version B

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10
11

Becker Professional Education
CPA Exam Review Regulation
2013 Edition (Instructor Version)

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13
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15

Becker Professional Education
CPA Exam Review Regulation
2013 Edition

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Becker Professional Education
CPA Exam Review Business 2013
Edition

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Becker Professional Education
CPA Exam Review Auditing 2013
Edition Version B

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Becker Professional Education
CPA Exam Review Financial Final
Review Review 2013 Edition

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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Becker Professional Education
CPA Exam Review Auditing Final
Review 2013 Edition Version A

TX0007811483

DeVry/Becker
Educational
Development Corp.

TX0007490738

DeVry/Becker
Educational
Development Corp.

TX0007611776

DeVry/Becker
Educational
Development Corp.

TX0007490244

DeVry/Becker
Educational
Development Corp.

TX0007492083

DeVry/Becker
Educational
Development Corp.

TX0007490738

DeVry/Becker
Educational
Development Corp.

TX0007491984

DeVry/Becker
Educational
Development Corp.

TX0007503877

DeVry/Becker
Educational
Development Corp.

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Becker Professional Education
CPA Exam Review Business 2012
Edition
Becker Professional Education
CPA Exam Review Financial 2012
Edition

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Becker Professional Education
CPA Exam Review Auditing 2012
Edition

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17

Becker Professional Education
CPA Exam Review Regulation
2012 Edition

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Becker Professional Education
CPA Exam Review Business 2012
Edition

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Becker Professional Education
CPA Exam Review First Classes
2012 Edition

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Becker Professional Education
CPA Exam Review Financial
PassMaster Data Disc for
International Students 2012 Edition
Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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Becker Professional Education
CPA Exam Review Auditing
PassMaster Data Disc for
International Students 2012 Edition

TX0007489629

DeVry/Becker
Educational
Development Corp.

TX0007547624

DeVry/Becker
Educational
Development Corp.

TX0007594668

DeVry/Becker
Educational
Development Corp.

TX0007491993

DeVry/Becker
Educational
Development Corp.

TX0007597114

DeVry/Becker
Educational
Development Corp.

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Becker Professional Education
CPA Exam Review Regulation
PassMaster Data Disc for
International Students 2012 Edition

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Becker Professional Education
CPA Exam Review Financial Final
Review Notes and Disc 2012
Edition [Textbook]

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Becker Professional Education
CPA Exam Review Auditing Final
Review Notes and Disc 2012
Edition [Textbook]

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Becker Professional Education
CPA Exam Review Regulation
Final Review Notes and Disc 2012
Edition [Textbook]

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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Becker Professional Education
CPA Exam Review Business Final
Review Notes and Disc 2012
Edition [Textbook]

TX0007489151

DeVry/Becker
Educational
Development Corp.

TX0007585049

DeVry/Becker
Educational
Development Corp.

TX0007504085

DeVry/Becker
Educational
Development Corp.

TX0007507997

DeVry/Becker
Educational
Development Corp.

TX0007490267

DeVry/Becker
Educational
Development Corp.

TX0007491995

DeVry/Becker
Educational
Development Corp.

TX0007490581

DeVry/Becker
Educational
Development Corp.

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Becker Professional Education
CPA Exam Review StartUp Disc
Final Review Single Activation
2012 Edition

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13

Becker Professional Education
CPA Exam Review Flashcards
2012 Edition

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Becker Professional Education
Financial 1 Instructor J-Notes 2012
Edition

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Becker Professional Education
CPA Exam Review Instructor
Version Financial 2012 Edition

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Becker Professional Education
CPA Exam Review Instructor
Version Auditing 2012 Edition

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Becker Professional Education
CPA Exam Review Instructor
Version Regulation 2012 Edition
Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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Becker Professional Education
CPA Exam Review Instructor
Version Business 2012 Edition

TX0007488360

DeVry/Becker
Educational
Development Corp.

TX0007408811

DeVry/Becker
Educational
Development Corp.

TX0007411045

DeVry/Becker
Educational
Development Corp.

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Becker Professional Education
CPA Exam Review 2011 Edition
Final Review Startup Disc, et al.

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10
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Becker Professional Education
CPA Exam Review 2011 Edition
Financial, et al.

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Becker Professional Education
CPA Exam Review Auditing 2012
Edition.
Becker Professional Education
CPA Exam Review 2011 Edition
Flashcards CPA Review.

TX0007421717

DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.

TX0007420245

DeVry/Becker
Educational
Development Corp.

TX0007355913

DeVry/Becker
Educational
Development Corp.

TX0007490244

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Becker Professional Education
CPA Exam Review 2011 Edition
First Classes.

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Becker CPA Review 2009 Lecture
Notes Business.

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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EXHIBIT B

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TRADEMARK REGISTRATIONS

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Trademark
Registration No.:

Title of Work:

3823222

Becker Navigator

3792821

The Becker Promise

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Rights Owner:
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.

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DeVry/Becker
Educational
Development Corp.

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12

3797392

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3804616

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3797284

Becker Professional Education

3602482

Fastpass

3601875

Becker Fastpass

2752526

Stalla

3514613

Passmaster

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.

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3

3275703

Succeed With The System

2975330

Person/Wolinsky CPA Review
Courses

3105549

Person/Wolinsky CPA

2498764

Becker

2324384

Prepare To Succeed

2210555

Passmaster

2156555

Becker CPA Review

2160247

Becker

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Becker v. C. Hamilton, et al.: [Proposed] Consent Decree
(Hamilton)

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DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.
DeVry/Becker
Educational
Development Corp.