Gionis v. Bureau For Private Postsecondary Education et al

Filing 76

ORDER signed by Chief Judge Morrison C. England, Jr. on 11/14/2013 GRANTING 63 Motion for a 60-Day Extension of Time; GRANTING Plaintiff 60 days to oppose 7 Motion for a More Definite Statement, 15 Motion to Dismiss/Motion to Strike, 22 , 28 Motions to Dismiss, 33 Motion for Sanctions; VACATING and CONTINUING the Motion Hearings as to 7 Motion for a More Definite Statement, 15 Motion to Dismiss/Motion to Strike, 22 , 28 Motions to Dismiss, 33 Motion for Sanctions to 2/6/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; VACATING and CONTINUING the Show Cause Hearing to 2/6/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XANTHI GIONIS,

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Plaintiff,

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No. 2:13-CV-00912-MCE-CKD

v.

ORDER

CALIFORNIA BUREAU FOR PRIVATE
POSTSECONDARY EDUCATION, et
al.,

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Defendants.

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Plaintiff Xanthi Gionis (“Plaintiff”) seeks relief from Defendants for claims arising

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from her term as Provost of Aristotle University and her candidacy for the California

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State Senate. Specifically, Plaintiff alleges causes of action for violations of due process

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pursuant to the Fourteenth Amendment, the Private Post-Secondary Education Act of

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2009, the California Education Code, the California Code of Regulations, and the

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California Business and Professions Code. Compl., May 8, 2013, ECF No. 1. Plaintiff

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also alleges causes of action for negligence, misrepresentation, breach of contract,

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intentional infliction of emotional distress, and defamation. Id.

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Currently pending before the Court are the following motions by Defendants:

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Defendant R&R Staffing Agency’s Motion for a More Definite Statement, ECF No. 7;

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Defendant Mark Wyland’s Motion to Dismiss and Motion to Strike, ECF No. 15;

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Defendant Pacific Health Education Center’s Motion to Dismiss, ECF No. 22; a Motion to

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Dismiss by Defendants Connie Bouvia, the California Bureau for Private Postsecondary

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Education, the California Department of Consumer Affairs, Russ Heimerich, Laura

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Metune, and Julissa Silva-Garcia, ECF No. 28; and Defendant Pacific Health Education

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Center’s Motion for Sanctions against Plaintiff and Plaintiff’s current counsel of record,

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Oliver LawCorp, ECF No. 33.

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Plaintiff has also filed a motion seeking the Court’s permission to voluntarily

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dismiss the complaint without prejudice, ECF No. 56, and a motion for a sixty-day

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extension of time to retain counsel, ECF No. 63. The Court has also ordered Plaintiff’s

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counsel of record, Keith Oliver, to show cause why sanctions should not be issued

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against him, as the result of Plaintiff’s representations to the Court that Plaintiff has been

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abandoned by her attorney. Order, Oct. 28, 2013, ECF No. 58.

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Plaintiff’s request for a sixty-day extension of time states that sixty days will

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provide Plaintiff with a sufficient opportunity to retain competent counsel to oppose the

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various motions filed by Defendants. Pl.’s Mot. for Extension. Defendant Wyland

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opposes the motion for extension of time, on the ground that Plaintiff’s claims against

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Defendant Wyland have no legal or factual basis. Def. Wyland Opp’n, Nov. 8, 2013,

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ECF No. 70. Defendant R&R Professional Healthcare Staffing, Inc. (erroneously sued

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as R&R Staffing Agency) also opposes the motion, arguing that granting Plaintiff’s

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motion will only waste judicial resources, unnecessarily increase litigation costs, and will

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prevent the expeditious resolution of a “meritless case.” Def. R&R Opp’n 2, Nov. 12,

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2013, ECF No. 72. Defendant Pacific Health Education Center opposes the motion on

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similar grounds. See Def. PHEC Opp’n, Nov. 13, 2013, ECF No. 73.

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Although Plaintiff’s request for an extension was filed long after her oppositions to

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Defendant’s various motions were due, this failure does not appear to be the fault of

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Plaintiff, but rather the fault of her retained counsel. This failure shall be addressed by

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the Court in the hearing on the Order to Show Cause. Moreover, Defendants, in

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opposing Plaintiff’s request for an extension of time, argue again the merits of their

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pending motions. Plaintiff has shown good cause why she should be an extension of

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time to respond to these motions, when she has had the opportunity to retain different

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counsel.

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Accordingly, Plaintiff’s Motion for Sixty-Day Extension of Time is GRANTED.

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(ECF No. 63.) Plaintiff has sixty (60) days from the date of this order to oppose the

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following motions: Defendant R&R Staffing Agency’s Motion for a More Definite

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Statement; Defendant Mark Wyland’s Motion to Dismiss and Motion to Strike; Defendant

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Pacific Health Education Center’s Motion to Dismiss; a Motion to Dismiss by Defendants

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Connie Bouvia, the California Bureau for Private Postsecondary Education, the

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California Department of Consumer Affairs, Russ Heimerich, Laura Metune, and Julissa

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Silva-Garcia; and Defendant Pacific Health Education Center’s Motion for Sanctions

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against Plaintiff and Plaintiff’s current counsel of record, Oliver LawCorp. No further

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extensions of time shall be granted. The hearings on these matters are hereby

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VACATED and CONTINUED, on the Court’s own motion, to February 6, 2014, at 2:00

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PM in Courtroom 7. The hearing for the Order to Show Cause is likewise VACATED

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AND CONTINUED to February 6, 2014, at 2:00 PM in Courtroom 7.

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IT IS SO ORDERED.

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Dated: November 14, 2013

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