Alexis et al v. Corinthian Colleges, Inc.

Filing 36

ORDER by Judge Hamilton granting 26 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 4/2/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CARMELITA ALEXIS, et al.,
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Plaintiffs,

No. C 13-5446 PJH

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v.
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ORDER GRANTING MOTION TO
DISMISS

CORINTHIAN COLLEGES, INC.,
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For the Northern District of California

United States District Court

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Defendant.
_______________________________/

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Defendant’s motion to dismiss came on for hearing before this court on April 2,

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2014. Plaintiffs Carmelita Alexis, Darice Nichols, Edith Lopez, and Tracy Davis (“plaintiffs”)

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appeared through their counsel, Tammy Hussin. Defendant Corinthian Colleges, Inc.

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(“defendant”) appeared through its counsel, Tomio Narita and Liana Mayilyan. Having read

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the papers filed in conjunction with the motion and carefully considered the arguments and

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relevant legal authority, and good cause appearing, the court hereby GRANTS defendant’s

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motion to dismiss, with leave to amend, for the reasons stated at the hearing.

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Plaintiffs shall have until April 30, 2014 to file a second amended complaint (“SAC”),

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which shall include specific allegations regarding each element of a Telephone Consumer

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Protection Act claim, as articulated by the Ninth Circuit in Meyer v. Portfolio Recovery

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Associates LLC, 707 F.3d 1036, 1043 (9th Cir. 2012). Plaintiffs shall also include their

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telephone numbers in the SAC, though as discussed at the hearing, plaintiffs shall be

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permitted to redact their phone numbers from the publicly-filed version of the SAC, and

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may file the unredacted complaint under seal. Finally, plaintiffs shall include specific

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allegations regarding the injuries that they suffered as part of their claim under Cal. Bus. &

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Prof. Code § 17200.

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No new claims or parties may be added to the SAC without leave of court or the

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consent of all parties. Defendant shall have until May 21, 2014 to answer or otherwise

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respond to the SAC.

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IT IS SO ORDERED.
Dated: April 2, 2014
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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