Murphy v. Capella Education Company

Filing 24

MEMORANDUM OPINION re: Deft's Motion to Dismiss. Signed by District Judge Claude M. Hilton on 10/04/13. (pmil)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

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Alexandria Division

l(j

MELVIN MURPHY,

Plaintiff,

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Civil Action No.

v.

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OCT-4 2013 P)

CLERK, U.S. DISTRICT COURT
ALEXANDRIA, VIRGINIA

l:13-cv-655

CAPELLA EDUCATION CO.,INC.,
Defendant.

MEMORANDUM OPINION

THIS MATTER comes before the Court on Defendant Capella

Education Company's Motion to Dismiss Plaintiff Melvin Murphy's
amended complaint, pursuant to Fed. R. Civ. P. 12(b)(6).

This

Court granted Defendant's Motion to Dismiss Plaintiff's initial

complaint on July 25, 2013, for failing to state a claim of

fraud under the Virginia Consumer Protection Act ("VCPA"), Va.
Code. § § 59.1-96 et seq. This Court allowed Plaintiff to file
an amended complaint, which is at issue here.

Plaintiff enrolled in Defendant's Ph.D. program in

organization and management in 2009.

He sat for a comprehensive

written exam in 2011, and failed it.

He took a remedial writing

course and sat for the exam a second time - failing it again.
Defendant determined that Plaintiff plagiarized a quotation in