Case: EEOC v. Kaplan Higher Learning Educ. Corp.

1:10-cv-02882 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 21, 2010

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On December 21, 2010, the Equal Employment Opportunity Commission ("EEOC"), on behalf of black job applicants and incumbents, filed this lawsuit in the U.S. District Court for the Northern District Court of Ohio under Title VII of the Civil Rights Act of 1964 against Kaplan Higher Education Corporation, Kaplan, Inc., and Kaplan University. The EEOC sought injunctive relief, compensatory damages, and other forms of affirmative relief, claiming that the defendants' discriminatory selection criter…

On December 21, 2010, the Equal Employment Opportunity Commission ("EEOC"), on behalf of black job applicants and incumbents, filed this lawsuit in the U.S. District Court for the Northern District Court of Ohio under Title VII of the Civil Rights Act of 1964 against Kaplan Higher Education Corporation, Kaplan, Inc., and Kaplan University. The EEOC sought injunctive relief, compensatory damages, and other forms of affirmative relief, claiming that the defendants' discriminatory selection criteria for hiring and discharge, namely its use of credit history information, had a disparate impact on black applicants and incumbents and was not job-related or consistent with business necessity.

The defendants participated in a highly regulated industry since they, as educational institutions, had to abide by the Department of Education's ("DOE") requirements and guidelines. The defendants' financial aid departments routinely utilized the National Student Loan Data System (DOE's student aid database) to access student and parent information. Prior to 2004, the defendants discovered breaches of their systems in which business officers misappropriated student payments. As a result, the defendants took additional steps to ensure compliance with financial rules and regulations, as well as DOE guidelines. Shortly thereafter, the defendants began utilizing credit history checks for applicants of certain positions, looking in particular for those who had "financial stress or burdens" that might compromise their ethical obligations.

On March 4, 2011, the defendants moved to partially dismiss the plaintiff's complaint. The District Court (Judge Patricia A. Gaughan) granted this motion on May 10. The defendants argued that employment decisions made more than 300 days before the suit was filed were time-barred. The plaintiffs argued that the continuing violations doctrine would apply here, however, the District Court disagreed and found that decisions to hire and fire were discrete, individual decisions instead of a series of connected discrete acts. 790 F.Supp.2d 619.

Over the next several months, the parties engaged in discovery, then, on March 14, 2012, the EEOC filed an amended complaint. Discovery continued, and on November 30, both parties moved for summary judgment--the defendants in full, the plaintiff in part. On January 28, 2013, Judge Gaughan granted the defendants' motion for summary judgment. The Court found that the EEOC failed to present a prima facie case of disparate impact discrimination due to its failure to provide reliable statistical evidence of employment discrimination. 2013 WL 322116. The EEOC then filed a motion for reconsideration, but Judge Gaughan denied it on May 6, 2013. 2013 WL 1891365.

On June 3, 2013, the EEOC appealed the district court's grant of summary judgment and its denial of EEOC's motion for reconsideration. The EEOC argued that by excluding their expert's testimony, the District Court abused its discretion. On April 9, 2014, the Sixth Circuit Court of Appeals (Circuit Judges Kethledge, Keith, and Cook) issued a unanimous opinion affirming the district court's holding. 748 F.3d 749.

The case is now closed.

Summary Authors

Perry Miska (4/7/2014)

Cedar Hobbs (2/24/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4360076/parties/equal-employment-opportunity-commission-v-kaplan-higher-education/


Judge(s)

Cook, Deborah L. (Ohio)

Gaughan, Patricia Anne (Ohio)

Keith, Damon Jerome (Michigan)

Kethledge, Raymond M. (Michigan)

Attorneys(s) for Plaintiff

Boehringer, Maria K. (Maryland)

Henderson, John A. (District of Columbia)

Lawrence, Debra Michele (Maryland)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

Northrup, Kate (Maryland)

Judge(s)

Cook, Deborah L. (Ohio)

Gaughan, Patricia Anne (Ohio)

Keith, Damon Jerome (Michigan)

Kethledge, Raymond M. (Michigan)

Attorneys(s) for Plaintiff

Boehringer, Maria K. (Maryland)

Henderson, John A. (District of Columbia)

Lawrence, Debra Michele (Maryland)

Lee, James L. (District of Columbia)

Lopez, P. David (District of Columbia)

Northrup, Kate (Maryland)

Peterson, Melanie M. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Stern, Jefferey A (Ohio)

Attorneys(s) for Defendant

Devata, Pamela Q. (Illinois)

Drummond, Alexandre S. (Georgia)

Maatman, Gerald L Jr. (Illinois)

Pearlman, Steven J. (Illinois)

Riley, Jennifer A. (Illinois)

Ross, David Bennet (New York)

Rossiter, Britt (Ohio)

Rowland, David J. (Illinois)

Spurlock, Brandon L. (Illinois)

Zashin, Stephen S (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. Kaplan Higher Learning Education Corporation

May 16, 2014 Docket
1

Complaint

EEOC v. Kaplan Higher Learning Education Corporation

Dec. 21, 2010 Complaint
26

Memorandum Opinion and Order Granting Defendant's Partial Motion to Dismiss

EEOC v. Kaplan Higher Education Corporation

790 F.Supp.2d 619

May 10, 2011 Order/Opinion
58

Amended Complaint

EEOC v. Kaplan Higher Learning Education Corporation

March 14, 2012 Complaint
110

Memorandum Opinion and Order [Granting Defendants' Motion for Summary Judgment]

EEOC v. Kaplan Higher Learning Education Corporation

2013 WL 322116, 2013 U.S.Dist.LEXIS 11722

Jan. 28, 2013 Order/Opinion
127

Memorandum Opinion and Order [Denying EEOC’s Revised Motion for Reconsideration and Incorporated Memorandum of Law]

EEOC v. Kaplan Higher Learning Education Corporation

2013 WL 1891365, 2013 U.S.Dist.LEXIS 64353

May 6, 2013 Order/Opinion
43

Opinion

EEOC v. Kaplan

U. S. Court of Appeals for the Sixth Circuit

748 F.3d 749

April 9, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4360076/equal-employment-opportunity-commission-v-kaplan-higher-education/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint against Kaplan Higher Education Corporation.. Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) (Stern, Jeffrey) (Entered: 12/21/2010)

1 Civil Cover Sheet

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Dec. 21, 2010 RECAP
2

Attorney Appearance by John A. Henderson, Jr. filed by on behalf of Equal Employment Opportunity Commission. (Henderson, Jr., John) (Entered: 12/21/2010)

Dec. 21, 2010 PACER
3

Attorney Appearance by Maria K. Boehringer filed by on behalf of Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/21/2010)

Dec. 21, 2010 PACER
4

Magistrate Consent Form issued. No summons provided, no summons issued. (C,B) (Entered: 12/21/2010)

Dec. 21, 2010 PACER
5

Case Management Conference Scheduling Order with case management conference held on 2/9/2011 at 9:00 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Approved by Judge Patricia A. Gaughan on 1/04/11. (D,MB) (Entered: 01/04/2011)

Jan. 4, 2011 PACER
6

Waiver of Service Returned Executed by Equal Employment Opportunity Commission. Kaplan Higher Education Corporation waiver sent on 1/4/2011, answer due 3/7/2011. filed on behalf of Equal Employment Opportunity Commission (Stern, Jeffrey) (Entered: 01/24/2011)

Jan. 24, 2011 PACER
7

Motion for attorney Gerald L. Maatman, Jr. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4535800, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Exhibit Affidavit & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 2/7/2011 (G,CA). (Entered: 02/04/2011)

1 Exhibit Affidavit in Support

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Feb. 4, 2011 PACER
8

Motion for attorney Steven J. Pearlman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4535857, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Exhibit Affidavit & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 2/7/2011 (G,CA). (Entered: 02/04/2011)

1 Exhibit Affidavit in Support

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Feb. 4, 2011 PACER
9

Motion for attorney Jennifer A. Riley to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4535872, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Exhibit Affidavit & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 2/7/2011 (G,CA). (Entered: 02/04/2011)

1 Exhibit Affidavit in Support

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Feb. 4, 2011 PACER
10

Motion for attorney Brandon L. Spurlock to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4535893, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Exhibit Affidavit & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 2/7/2011 (G,CA). (Entered: 02/04/2011)

1 Exhibit Affidavit in Support

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Feb. 4, 2011 PACER
11

Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by Equal Employment Opportunity Commission. Related document(s) 5,.(Stern, Jeffrey) (Entered: 03/04/2011)

March 4, 2011 PACER
12

Partial Motion to dismiss complaint filed by Defendant Kaplan Higher Education Corporation. Related document(s) 1 . (Maatman, Gerald) Modified text 3/7/2011 (C,KA). (Entered: 03/04/2011)

March 4, 2011 PACER
13

Brief in support of motion for partial dismissal of complaint filed by Kaplan Higher Education Corporation. Related document(s) 12, 1 . (Attachments: # 1 Exhibit 1 (Charge of Discrimination)) (Maatman, Gerald) Modified text 3/7/2011 (C,KA). (Entered: 03/04/2011)

1 Exhibit 1 (Charge of Discrimination)

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March 4, 2011 PACER
14

Corporate Disclosure Statement filed by Kaplan Higher Education Corporation. (Maatman, Gerald) (Entered: 03/04/2011)

March 4, 2011 PACER
15

Answer to 1 Complaint filed by Kaplan Higher Education Corporation. (Maatman, Gerald) (Entered: 03/04/2011)

March 4, 2011 RECAP
16

Case Management Order: Case Management Conference was held on 3/9/11. Case is assigned to the complex track. Case is suitable for ECF. Case is not suitable for ADR at this time by may be after discovery. Non-expert discovery as to Phase 1 regarding liability shall be completed on or before 10/3/11. (By agreement of the parties, the individuals who are deposed during phase 1 may be questioned on the issue of damages.) Expert reports shall be exchanged on or before 11/1/11 for party with burden of proof & 12/1/11 for Rebuttal and Expert Discovery shall be completed on or before 1/19/12. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 6/1/11. Dispositive Motions shall be filed on or before 2/16/12. Status Conference by telephone is set 5/16/11 at 09:00 AM. Judge Patricia A. Gaughan on 3/9/11. (LC,S) Time: 30 mins. (Entered: 03/11/2011)

March 11, 2011 PACER
17

Motion for attorney Pamela Q. Devata to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4617474, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 3/25/2011 (G,CA). (Entered: 03/24/2011)

1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice

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March 24, 2011 PACER
18

Opposition to 12 Motion to dismiss (partial of complaint) with Track and Page Certification, Tables of Contents and Authorities and Statement of Issues filed by Equal Employment Opportunity Commission. (Attachments: # 1 Index)(Stern, Jeffrey) (Entered: 04/06/2011)

1 Index

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April 6, 2011 PACER
19

Reply to response to 12 Motion to dismiss (partial of complaint) /Defendant's Reply in Support of its Partial Motion to Dismiss the Complaint filed by Kaplan Higher Education Corporation. (Maatman, Gerald) (Entered: 04/21/2011)

April 21, 2011 PACER
20

Motion to compel discovery / Defendant's Motion to Compel Rule 30(b)(6) Deposition filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Brief in Support Defendant's Memorandum of Law in Support of its Motion to Compel Rule 30(b)(6) Deposition, # 2 Pleading Declaration of Gerald L. Maatman, Jr. in Support of Defendant's Motion to Compel Rule 30(b)(6) Deposition, # 3 Exhibit Exhibit A Kaplans Rule 30(b)(6) Notice Of Deposition Notice To The EEOC, # 4 Exhibit Exhibit B E-Mail Dated April 8, 2011, From Jeffrey Stern, Counsel For The EEOC, To Gerald L. Maatman, Jr., Counsel For Defendant Kaplan, # 5 Exhibit Exhibit C Letter Dated April 13, 2011, From Defendants Counsel, Gerald L. Maatman, Jr., to Jeffrey Stern, Counsel For Plaintiff EEOC)(Maatman, Gerald) (Entered: 04/22/2011)

1 Brief in Support Defendant's Memorandum of Law in Support of its Motion to

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2 Pleading Declaration of Gerald L. Maatman, Jr. in Support of Defendant's Mo

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3 Exhibit Exhibit A Kaplans Rule 30(b)(6) Notice Of Deposition Notice To The EEOC

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4 Exhibit Exhibit B E-Mail Dated April 8, 2011, From Jeffrey Stern, Counsel For T

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5 Exhibit Exhibit C Letter Dated April 13, 2011, From Defendants Counsel, Gerald

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April 22, 2011 PACER
21

Notice of Supplemental Authority in Support of its Motion to Compel Rule 30(b)(b) Deposition filed by Kaplan Higher Education Corporation. (Attachments: # 1 Exhibit A - Order Dated April 25, 2011, In EEOC v. Sterling Jewelers Inc.)Related document(s) 20 .(Maatman, Gerald) (Entered: 04/27/2011)

1 Exhibit A - Order Dated April 25, 2011, In EEOC v. Sterling Jewelers Inc.

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April 27, 2011 PACER
22

Motion for leave to File Response Memorandum filed by Equal Employment Opportunity Commission. (Attachments: # 1 Brief in Support EEOC Response Memorandum Opposing Defendant's Partial Motion to Dismiss)(Stern, Jeffrey) Modified on 5/9/2011 (C,KA). (Entered: 05/05/2011)

1 Brief in Support EEOC Response Memorandum Opposing Defendant's Partial Moti

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May 5, 2011 PACER
23

Motion for oral argument on Defendant's Partial Motion to Dismiss filed by Plaintiff Equal Employment Opportunity Commission. Related document(s) 12 . (Stern, Jeffrey) (Entered: 05/05/2011)

May 5, 2011 PACER
24

Defendant's Response to the EEOC's Motion for Leave to File Response Memorandum in Opposition to Defendant's Partial Motion to Dismiss filed by Kaplan Higher Education Corporation. Related document(s) 22 . (Maatman, Gerald) (Entered: 05/06/2011)

May 6, 2011 PACER
25

Opposition to 20 Motion to compel discovery / Defendant's Motion to Compel Rule 30(b)(6) Deposition filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Composite Exhibit 1)(Boehringer, Maria) (Entered: 05/09/2011)

1 Exhibit Composite Exhibit 1

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May 9, 2011 PACER
26

Memorandum Opinion and Order: Defendant's Partial Motion to Dismiss the Complaint is GRANTED. Judge Patricia A. Gaughan on 5/9/11. (LC,S) re 12 (Entered: 05/10/2011)

May 10, 2011 RECAP
27

Motion for attorney David J. Rowland to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4712957, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Affidavit of David J. Rowland & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 5/18/2011 (G,CA). (Entered: 05/18/2011)

1 Affidavit Affidavit of David J. Rowland

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May 18, 2011 PACER
28

Reply to response to 20 Motion to compel discovery / Defendant's Motion to Compel Rule 30(b)(6) Deposition Defendant's Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition filed by Kaplan Higher Education Corporation. (Maatman, Gerald) (Entered: 05/18/2011)

May 18, 2011 PACER
29

Notice of Supplemental Authority in Opposition to Motion to Compel Rule 30(b)(6) Deposition filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Composite Exhibit 1)Related document(s) 25 .(Boehringer, Maria) (Entered: 05/19/2011)

1 Exhibit Composite Exhibit 1

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May 19, 2011 PACER
30

Notice of Service of EEOC's Responses to Defendant's Request for Production and First Interrogatories filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 05/23/2011)

May 23, 2011 PACER
31

Memorandum Opinion and Order: Defendant's Motion to Compel Rule 30(b)(6) Deposition is GRANTED. Plaintiff may assert applicable privileges during the deposition. Judge Patricia A. Gaughan on 5/26/11. (LC,S) re 20 (Entered: 05/27/2011)

May 27, 2011 RECAP
32

Motion for attorney Alexandre S. Drummond to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4754084, filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Affidavit of Alex S. Drummond & Certificate of Good Standing)(Zashin, Stephen) Modified exhibit text on 6/13/2011 (G,CA). (Entered: 06/10/2011)

1 Affidavit of Alex S. Drummond

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June 10, 2011 PACER
33

Motion for protective order filed by Defendant Kaplan Higher Education Corporation. (Attachments: # 1 Brief in Support (Defendant's Memorandum of Law in Support of its Motion for Entry of a Protective Order, # 2 Affidavit (Declaration of Gerald L. Maatman, Jr. in support of Defendant's Motion for Entry of a Protective Order, # 3 Exhibit A to Maatman Declaration - EEOC's Notice of Subpoenas to Hireright and GIS (dated May 12, 2011), # 4 Exhibit B to Maatman Declaration - Letter from Gerald L. Maatman, Jr., Counsel for Kaplan, to Jeffrey Stern, Counsel for EEOC (dated May 18, 2011), # 5 Exhibit C to Maatman Declaration - E-mail from Paul Sheldon to Jeffrey Stern, Counsel for EEOC, and Pamela Devata, Counsel for Kaplan (dated June 16, 2011))(Maatman, Gerald) (Entered: 07/19/2011)

1 Brief in Support (Defendant's Memorandum of Law in Support of its Motion fo

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2 Affidavit (Declaration of Gerald L. Maatman, Jr. in support of Defendant's

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3 Exhibit A to Maatman Declaration - EEOC's Notice of Subpoenas to Hireright

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4 Exhibit B to Maatman Declaration - Letter from Gerald L. Maatman, Jr., Counsel f

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5 Exhibit C to Maatman Declaration - E-mail from Paul Sheldon to Jeffrey Stern, Co

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July 19, 2011 PACER
34

Opposition to 33 Motion for protective order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Exhibit 1: Declaration of Jeffrey A. Stern, # 2 Exhibit Exhibit 1/Attachment A: Email Confirmation)(Boehringer, Maria) (Entered: 08/05/2011)

1 Affidavit Exhibit 1: Declaration of Jeffrey A. Stern

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2 Exhibit Exhibit 1/Attachment A: Email Confirmation

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Aug. 5, 2011 PACER
35

Reply to response to 33 Motion for protective order (In Support of Its Motion for Entry of a Protective Order) filed by Kaplan Higher Education Corporation. (Maatman, Gerald) (Entered: 08/11/2011)

Aug. 11, 2011 PACER
36

Order: Accordingly, given the Sixth Circuit decisions cited above and the broad nature of discovery contemplated under the Rule 26 of the Federal Rules of Civil Procedure, the defendant's Motion for Entry of a Protective Order, seeking to bar the plaintiff from requesting documents predating May 2, 2008 (Doc. 33 ), is DENIED. Judge Patricia A. Gaughan on 8/16/11. (LC,S) (Entered: 08/16/2011)

Aug. 16, 2011 PACER
37

Motion to Modify Case Management Order filed by Plaintiff Equal Employment Opportunity Commission. Related document(s) 16, 36 . (Attachments: # 1 Brief in Support, # 2 Declaration of Jeffrey A. Stern)(Stern, Jeffrey) Modified text on 8/31/2011 (B,B). (Entered: 08/30/2011)

1 Brief in Support

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2 Declaration of Jeffrey A. Stern

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Aug. 30, 2011 PACER
38

Declaration in Support of Motion to Modify Case Management Order, Signed filed by Equal Employment Opportunity Commission. Related document(s) 37 . (Stern, Jeffrey) Modified text on 9/1/2011 (B,B). (Entered: 08/31/2011)

Aug. 31, 2011 PACER
39

Proposed Stipulation Confidentiality and Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Service Certificate)(Stern, Jeffrey) (Entered: 09/08/2011)

1 Service Certificate

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Sept. 8, 2011 PACER
40

Confidentiality Stipulation and Order. Judge Patricia A. Gaughan on 9/9/11. (LC,S) re 39 (Entered: 09/12/2011)

Sept. 12, 2011 PACER
41

Opposition to 37 Motion Modify to Case Management Order filed by Kaplan Higher Education Corporation. (Attachments: # 1 Declaration of Gerald L. Maatman, Jr., in Opposition to EEOC's Motion to Modify Case Management Order, # 2 Exhibit 1 to Maatman's Declaration - EEOC's First Interrogatories and Request for Production to Kaplan (dated April 29, 2011), # 3 Exhibit 2 to Maatman's Declaration - EEOC's Notice Before Service of Subpoenas (dated May 12, 2011), # 4 Exhibit 3 to Maatman's Declaration - Letter to the EEOC (dated May 17, 2011), # 5 Exhibit 4 to Maatman's Declaration - EEOC's Notice Before Service of Subpoenas (dated August 29, 2011), # 6 Exhibit 5 to Maatman's Declaration - EEOC's Notice of Depositions (dated August 31, 2011), # 7 Exhibit 6 to Maatman's Declaration - EEOC's Third Notice Before Service of Subpoenas (dated September 6, 2011))(Maatman, Gerald) (Entered: 09/15/2011)

1 Declaration of Gerald L. Maatman, Jr., in Opposition to EEOC's Motion to M

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2 Exhibit 1 to Maatman's Declaration - EEOC's First Interrogatories and

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3 Exhibit 2 to Maatman's Declaration - EEOC's Notice Before Service of S

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4 Exhibit 3 to Maatman's Declaration - Letter to the EEOC (dated May 17, 2011

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5 Exhibit 4 to Maatman's Declaration - EEOC's Notice Before Service of S

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6 Exhibit 5 to Maatman's Declaration - EEOC's Notice of Depositions (dat

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7 Exhibit 6 to Maatman's Declaration - EEOC's Third Notice Before Servi

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Sept. 15, 2011 PACER
42

Attorney Appearance by Melanie M. Peterson filed by on behalf of Equal Employment Opportunity Commission. (Peterson, Melanie) (Entered: 09/20/2011)

Sept. 20, 2011 PACER
43

UNSIGNEDReply to response to 37 Motion Modify to Case Management Order filed by Equal Employment Opportunity Commission. (Boehringer, Maria) Modified on 9/27/2011 (C,KA). (Entered: 09/26/2011)

Sept. 26, 2011 PACER
44

UNSIGNEDReply to response to 37 Motion Modify to Case Management Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 (Stern Supplemental Declaration), # 2 Exhibit 2 (Defendant's Initial Disclosures), # 3 Exhibit 3 (Defendant's Discovery Responses), # 4 Exhibit 4 (August Status Report), # 5 Exhibit 5 (Drummond Email 8/24/11), # 6 Exhibit 6 (Stern Email 7/14/11), # 7 Exhibit 7 (September Status Report), # 8 Exhibit 10 (Stern Email 7/7/11), # 9 Exhibit 11 (Stern Email 8/22/11), # 10 Exhibit 12 (GIS Email 8/22/11), # 11 Exhibit 13 (Stern Email 9/2/11), # 12 Exhibit 14 (Maatman Email 9/4/11), # 13 Exhibit 15 (Stern Email 9/6/11), # 14 Exhibit 16 (Stern Email 9/8/11), # 15 Exhibit 17 (GIS Email 9/6/11), # 16 Exhibit 18 (Stern Email 9/7/11), # 17 Exhibit 19 (Stern/Drummond Email 9/8/11), # 18 Exhibit 20 (Stern Email 8/31/11)(Boehringer, Maria) Modified on 9/27/2011 (C,KA). (Entered: 09/26/2011)

1 Exhibit 1 (Stern Supplemental Declaration)

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2 Exhibit 2 (Defendant's Initial Disclosures)

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3 Exhibit 3 (Defendant's Discovery Responses)

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4 Exhibit 4 (August Status Report)

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5 Exhibit 5 (Drummond Email 8/24/11)

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6 Exhibit 6 (Stern Email 7/14/11)

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7 Exhibit 7 (September Status Report)

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8 Exhibit 10 (Stern Email 7/7/11)

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9 Exhibit 11 (Stern Email 8/22/11)

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10 Exhibit 12 (GIS Email 8/22/11)

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11 Exhibit 13 (Stern Email 9/2/11)

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12 Exhibit 14 (Maatman Email 9/4/11)

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13 Exhibit 15 (Stern Email 9/6/11)

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14 Exhibit 16 (Stern Email 9/8/11)

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15 Exhibit 17 (GIS Email 9/6/11)

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16 Exhibit 18 (Stern Email 9/7/11)

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17 Exhibit 19 (Stern/Drummond Email 9/8/11)

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18 Exhibit 20 (Stern Email 8/31/11)

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Sept. 26, 2011 PACER
45

UNSIGNEDSupplement /Correction to Reply Memorandum in Support of EEOC's Motion to Modify Case Management Order to 44 Reply filed by Equal Employment Opportunity Commission. (Boehringer, Maria) Modified on 9/27/2011 (C,KA). (Entered: 09/27/2011)

Sept. 27, 2011 PACER
46

UNSIGNED Notice of Filing Exhibit 21 in Support of EEOC Reply re: Motion to Modify Case Management Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 21 (29 C.F.R. Sec. 1607.4, EEOC Uniform Guidelines on Employee Selection Procedures/UGESP))Related document(s) 44 .(Boehringer, Maria) Modified on 9/27/2011 (C,KA). (Entered: 09/27/2011)

1 Exhibit 21 (29 C.F.R. Sec. 1607.4, EEOC Uniform Guidelines on Employee S

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Sept. 27, 2011 PACER
47

Motion to amend complaint filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 Proposed Amended Complaint, # 2 Brief in Support, # 3 Exhibit 1 Seelye transcript abstract, # 4 Exhibit 2 Kaplan Press Release, # 5 Exhibit 3 Ohio Kaplan Corporation Details, # 6 Exhibit 4 Delaware Kaplan Detail Information, # 7 Exhibit 5 Counsel correspondence)(Stern, Jeffrey) Modified text 3/1/2012 (C,KA). (Entered: 12/22/2011)

1 Exhibit 1 Proposed Amended Complaint

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2 Brief in Support

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3 Exhibit 1 Seelye transcript abstract

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4 Exhibit 2 Kaplan Press Release

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5 Exhibit 3 Ohio Kaplan Corporation Details

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6 Exhibit 4 Delaware Kaplan Detail Information

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7 Exhibit 5 Counsel correspondence

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Dec. 22, 2011 PACER
48

Opposition to 47 Motion to amend complaint (Defendant's Response In Opposition to Plaintiff's motion for Leave to Amend Its Complaint) filed by Kaplan Higher Education Corporation. (Attachments: # 1 Exhibit A (Declaration of Christopher Paetsch), # 2 Exhibit B (Howard Rogoff Deposition), # 3 Exhibit C (Declaration of Gerald L. Maatman, Jr.))(Riley, Jennifer) Opposition filed by attorney Gerald L. Maatman, Jr. however login inadvertently used to file is assigned to attorney Jennifer A. Riley. Modified text on 1/13/2012 (M,TJ). (Entered: 01/13/2012)

1 Exhibit A (Declaration of Christopher Paetsch)

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2 Exhibit B (Howard Rogoff Deposition)

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3 Exhibit C (Declaration of Gerald L. Maatman, Jr.)

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Jan. 13, 2012 PACER
49

Motion to modify Case Management Order filed by Plaintiff Equal Employment Opportunity Commission. (Boehringer, Maria) Modified text 1/18/2012 (C,KA). (Entered: 01/17/2012)

Jan. 17, 2012 PACER
50

Memorandum of Law in Support of Motion to Modify Case Management Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Brief in Support Memorandum of Law)Related document(s) 49 .(Boehringer, Maria) Modified text 1/18/2012 (C,KA). (Entered: 01/17/2012)

1 Brief in Support Memorandum of Law

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Jan. 17, 2012 PACER
51

Notice of Filing Declaration of Jeffrey A. Stern in Support of Motion to Modify Case Management Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Jeffrey A. Stern, # 2 Exhibit 1 - email, # 3 Exhibit 2 - email, # 4 Exhibit 3 - email, # 5 Exhibit 4 - email, # 6 Exhibit 5 - letter, # 7 Exhibit 6 - letter, # 8 Exhibit 7 - letter, # 9 Exhibit 8 - email, # 10 Exhibit 9 - letter, # 11 Exhibit 10 - email, # 12 Exhibit 11 - email, # 13 Exhibit 12 - email, # 14 Exhibit 13 - responses/objections to interrogatories, # 15 Exhibit 14 - responses/objections to interrogatories)Related document(s) 49 .(Boehringer, Maria) Modified text 1/18/2012 (C,KA). (Entered: 01/17/2012)

1 Declaration of Jeffrey A. Stern

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2 Exhibit 1 - email

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3 Exhibit 2 - email

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4 Exhibit 3 - email

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5 Exhibit 4 - email

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6 Exhibit 5 - letter

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7 Exhibit 6 - letter

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8 Exhibit 7 - email

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9 Exhibit 8 - email

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10 Exhibit 9 - letter

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11 Exhibit 10 - email

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12 Exhibit 11 - email

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13 Exhibit 12 - email

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14 Exhibit 13 - responses/objections to interrogatories

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15 Exhibit 14 - responses/objections to interrogatories

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Jan. 17, 2012 PACER
52

Notice of Filing Joint Stipulation for Entry of Modified Case Management Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Joint Stipulation for Entry of Modified Case Management Order)Related document(s) 49 .(Boehringer, Maria) (Entered: 01/19/2012)

1 Proposed Order Joint Stipulation for Entry of Modified Case Management Order

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Jan. 19, 2012 PACER
53

Motion for extension of Time to File Reply in Support of EEOC's Motion to Amend Complaint until January 27, 2012 filed by Plaintiff Equal Employment Opportunity Commission. Related document(s) 47 . (Boehringer, Maria) (Entered: 01/20/2012)

Jan. 20, 2012 PACER
54

Order and Joint Stipulation for Entry of Modified Case Management Order: 1. Based on the progress of Phase I fact discovery conducted thus far, the parties stipulate to entry of a modified Case Management Order as follows: a. an extension of Phase I fact discovery from 2/3/12 to 4/3/12; b. an extension of the deadline for the parties to exchange expert reports as to their respective burdens of proof from 3/1/12 to 5/1/12; c. an extension of the deadline for exchange of rebuttal expert reports from 4/1/12 to 6/1/12; d. an extension of the deadline to conduct expert discovery from 5/1/12 to 7/2/12; and e. an extension of the deadline to file dispositive motionsfrom 6/1/12 to 8/1/12. Judge Patricia A. Gaughan on 1/20/12. (LC,S) re 52 (Entered: 01/23/2012)

Jan. 20, 2012 PACER
55

Reply to response to 47 Motion to amend complaint filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Kaplan Complaint (Iowa College Acquisition Corporation d/b/a Kaplan University, et al. v. Jonathan David, et al.), # 2 Exhibit DOJ Settlement Agreement, # 3 Exhibit United States Notice of Intervention, # 4 Exhibit Seelye Deposition Excerpt, # 5 Exhibit Seelye Deposition Exhibits (1 & 2), # 6 Exhibit Rogoff Deposition Excerpt, # 7 Exhibit Corser Deposition Excerpt)(Boehringer, Maria) (Entered: 01/27/2012)

1 Exhibit Kaplan Complaint (Iowa College Acquisition Corporation d/b/a Kaplan Univ

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2 Exhibit DOJ Settlement Agreement

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3 Exhibit United States Notice of Intervention

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4 Exhibit Seelye Deposition Excerpt

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5 Exhibit Seelye Deposition Exhibits (1 & 2)

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6 Exhibit Rogoff Deposition Excerpt

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7 Exhibit Corser Deposition Excerpt

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Jan. 27, 2012 PACER
56

Supplement to 47 Motion to amend complaint filed by Equal Employment Opportunity Commission. Related document(s) 47 . (Boehringer, Maria) (Entered: 01/27/2012)

Jan. 27, 2012 PACER
57

Memorandum Opinion and Order: The EEOC's motion for leave to file an amended complaint naming Kaplan, Inc. and ICAC as defendants is granted. Judge Patricia A. Gaughan on 2/29/12. (LC,S) re 47 (Entered: 02/29/2012)

Feb. 29, 2012 RECAP
58

Amended complaint against All Defendants and adding new party defendant(s) Kaplan, Inc., Iowa College Acquisition Corporation. Filed by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 03/14/2012)

March 14, 2012 PACER
59

Answer to 58 Amended complaint filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. (Maatman, Gerald) (Entered: 04/02/2012)

April 2, 2012 PACER
60

EEOC's Notice of Filing Defendant's March 2011 Notice of 30(b)(6) Deposition and Defendant's March 2012 Amended Notice of 30(b)(6) Deposition filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Defendant's March 2011 Notice of 30(b)(6) Deposition, # 2 Exhibit Defendant's March 2012 Amended Notice of 30(b)(6) Deposition)(Boehringer, Maria) (Entered: 04/05/2012)

1 Exhibit Defendant's March 2011 Notice of 30(b)(6) Deposition

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2 Exhibit Defendant's March 2012 Amended Notice of 30(b)(6) Deposition

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April 5, 2012 PACER
61

Motion to compel discovery (Defendants' Motion to Compel Production of Documents and Information and Rule 30(b)(6) Witness filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. (Maatman, Gerald) (Entered: 04/06/2012)

April 6, 2012 PACER
62

Affidavit/Declaration of Gerald L. Maatman, Jr., in Support of Motion to Compel filed by All Defendants. Related document(s) 61 . (Attachments: # 1 Exhibit 1 - Kaplans Notice of Rule 30(b)(6) Deposition, # 2 Exhibit 2 - OPM Letter dated January 18, 2012, # 3 Exhibit 3 - OPM Letter dated January 27, 2012, # 4 Exhibit 4 - Introduction of Credentialing, Suitability, and Security Clearance Decision-Making Guide dated January 14, 2008, # 5 Exhibit 5 - Kaplans Counsels February 17, 2012, # 6 Exhibit 6 - EEOC Handbook, # 7 Exhibit 7 - Kaplans Counsels March 23, 2012, # 8 Exhibit 8 - Email from EEOCs Counsel, Jeffrey Stern, to Kaplans Counsel dated March 27, 2012, # 9 Exhibit 9 - Email from Kaplans Counsel, David Rowland, to EEOCs Counsel dated March 27, 2012, # 10 Exhibit 10 - Email from EEOCs Counsel, Jeffrey Stern, to Kaplans Counsel dated April 2, 2012, # 11 Exhibit 11 - August 3, 2010 Letter from Brian Shelton to Patricia Anderson Pryor, # 12 Exhibit 12 - Kaplans July 10, 2011 Letter to Jeffrey Stern and Maria Boehringer, EEOC's Counsel, # 13 Exhibit 13 - Email from EEOCs Counsel, Jeffrey Stern, to Kaplans Counsel dated September 9, 2011, # 14 Exhibit 14 - Kaplans March 21, 2012 Letter to Jeffrey Stern, EEOC's Counsel, # 15 Exhibit 15 - Deposition Transcript of Felandis Maurice Mosley dated March 30, 2012)(Maatman, Gerald) (Entered: 04/06/2012)

1 Exhibit 1 - Kaplans Notice of Rule 30(b)(6) Deposition

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2 Exhibit 2 - OPM Letter dated January 18, 2012

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3 Exhibit 3 - OPM Letter dated January 27, 2012

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4 Exhibit 4 - Introduction of Credentialing, Suitability, and Security Clearance D

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5 Exhibit 5 - Kaplans Counsels February 17, 2012

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6 Exhibit 6 - EEOC Handbook

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7 Exhibit 7 - Kaplans Counsels March 23, 2012

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8 Exhibit 8 - Email from EEOCs Counsel, Jeffrey Stern, to Kaplans Counsel dated Ma

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9 Exhibit 9 - Email from Kaplans Counsel, David Rowland, to EEOCs Counsel dated Ma

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10 Exhibit 10 - Email from EEOCs Counsel, Jeffrey Stern, to Kaplans Counsel dated A

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11 Exhibit 11 - August 3, 2010 Letter from Brian Shelton to Patricia Anderson Pryor

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12 Exhibit 12 - Kaplans July 10, 2011 Letter to Jeffrey Stern and Maria Boehringer,

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13 Exhibit 13 - Email from EEOCs Counsel, Jeffrey Stern, to Kaplans Counsel dated S

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14 Exhibit 14 - Kaplans March 21, 2012 Letter to Jeffrey Stern, EEOC's Counsel

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15 Exhibit 15 - Deposition Transcript of Felandis Maurice Mosley dated March 30, 20

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April 6, 2012 PACER
63

Brief (Memorandum of Law in Support of Motion to Compel) filed by All Defendants. Related document(s) 61, 62 . (Attachments: # 1 Exhibit A - Defendants First Set of Requests for Production of Documents, # 2 Exhibit B - Defendants First Set of Interrogatories to Plaintiff, # 3 Exhibit C - EEOCs Response to Defendants First Request for Production of Documents, # 4 Exhibit D - EEOC's Answers to Defendants First Set of Interrogatories to Plaintiff, # 5 Exhibit E - EEOCs Supplemental Responses to Defendants First Request for Production, # 6 Exhibit F - EEOCs Supplemental Answers to Defendants First Set of Interrogatories, # 7 Exhibit G - Amended Notice of Rule 30(b)(6) Deposition) (Maatman, Gerald) (Entered: 04/06/2012)

1 Exhibit A - Defendants First Set of Requests for Production of Documents

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2 Exhibit B - Defendants First Set of Interrogatories to Plaintiff

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3 Exhibit C - EEOCs Response to Defendants First Request for Production of Documen

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4 Exhibit D - EEOC's Answers to Defendants First Set of Interrogatories to Pl

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5 Exhibit E - EEOCs Supplemental Responses to Defendants First Request for Product

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6 Exhibit F - EEOCs Supplemental Answers to Defendants First Set of Interrogatorie

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7 Exhibit G - Amended Notice of Rule 30(b)(6) Deposition

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April 6, 2012 PACER
64

Motion for extension of time until April 19, 2012 to to File Opposition to Defendant's Motion to Compel filed by Plaintiff Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 04/10/2012)

April 10, 2012 PACER
65

Response to 64 Motion for extension of time until April 19, 2012 to to File Opposition to Defendant's Motion to Compel filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. (Maatman, Gerald) (Entered: 04/11/2012)

April 11, 2012 PACER
66

Opposition to 61 Motion to compel discovery (Defendants' Motion to Compel Production of Documents and Information and Rule 30(b)(6) Witness filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Defendant's March 2011 Notice of 30(b)(6) Deposition, # 2 Exhibit Defendant's March 2012 Notice of 30(b)(6) Deposition, # 3 Exhibit EEOC Policy on Personnel Suitability and Investigations, # 4 Exhibit Position Designation of National Security and Public Trust Positions, # 5 Exhibit FIN 10-06, # 6 Exhibit Position Designation Record, # 7 Exhibit Position Designation System and Automated Tool, # 8 Exhibit Guide To Senior Executive Service Qualifications, # 9 Exhibit 30(b)(6) Deposition Felandis M. Mosley, 3/30/12, # 10 Exhibit EEOC Letter to OPM, 3/8/11, # 11 Exhibit Declaration of Jeffrey Stern)(Boehringer, Maria) (Entered: 04/12/2012)

1 Exhibit Defendant's March 2011 Notice of 30(b)(6) Deposition

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2 Exhibit Defendant's March 2012 Notice of 30(b)(6) Deposition

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3 Exhibit EEOC Policy on Personnel Suitability and Investigations

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4 Exhibit Position Designation of National Security and Public Trust Positions

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5 Exhibit FIN 10-06

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6 Exhibit Position Designation Record

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7 Exhibit Position Designation System and Automated Tool

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8 Exhibit Guide To Senior Executive Service Qualifications

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9 Exhibit 30(b)(6) Deposition Felandis M. Mosley, 3/30/12

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10 Exhibit EEOC Letter to OPM, 3/8/11

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11 Exhibit Declaration of Jeffrey Stern

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April 12, 2012 PACER
67

Reply to response to 61 Motion to compel discovery filed by All Defendants. (Maatman, Gerald) Modified text 4/18/2012 (C,KA). (Entered: 04/16/2012)

April 16, 2012 PACER
68

Memorandum Opinion and Order: Kaplan's Motion to Compel Production of Documents and Information and Rule 30(b)(6) Witness is granted. The EEOC must produce a Rule 30(b)(6) designee to testify as to the EEOC's position descriptions and how the position descriptions are assigned a risk level designation as requested in Topic 10. In addition, the EEOC must disclose to Kaplan information sufficient to identify the individuals the EEOC claims have been aggrieved by Kaplan's policies in this case. Judge Patricia A. Gaughan on 4/18/12. (LC,S) re 61 (Entered: 04/19/2012)

April 18, 2012 RECAP
69

Joint Proposed Stipulation to Modify Case Management Order filed by all parties. Related document(s) 54 .(Stern, Jeffrey) Modified text/filers 6/4/2012 (C,KA). (Entered: 06/01/2012)

June 1, 2012 PACER
70

Order and Joint Stipulation for Entry of Modified Case Management Conference. Judge Patricia A. Gaughan on 6/5/12. (LC,S) re 69 . (Entered: 06/06/2012)

June 5, 2012 PACER
71

Motion for attorney David B. Ross to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5569230, filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. (Attachments: # 1 Affidavit of David B. Ross)(Rossiter, Britt) (Entered: 09/06/2012)

1 Affidavit of David B. Ross

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Sept. 6, 2012 PACER
72

Motion to strike supplemental expert report of Dr. Kevin R. Murhpy and Motion to prohibit Dr. Murphy as witness filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc. (Maatman, Gerald). Modified text/added motion on 9/7/2012 (C,KA). (Entered: 09/06/2012)

Sept. 6, 2012 PACER
73

Affidavit/Declaration of Gerald R. Maatman, Jr. filed by All Defendants. Related document(s) 72 . (Maatman, Gerald) (Entered: 09/06/2012)

Sept. 6, 2012 PACER
74

Opposition to 72 Motion to strike supplemental expert report of Dr. Kevin R. MurhpyMotion to prohibit Dr. Murphy as witness and EEOC's Cross-Motion to Exclude Defendant From Offering Expert Opinion Regarding Job Relatedness and Business Necessity filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC's Expert Report of Dr. Kevin Murphy 5/1/12, # 2 Exhibit EEOC's Expert Report of Dr. Kevin Murphy 8/17/12, # 3 Exhibit Defendant's Expert Report of Dr. Michael Aamodt 8/27/12, # 4 Exhibit Defendant's Expert Report of Dr. Ali Saad 8/27/12, # 5 Exhibit EEOC's Supplemental Expert Report 9/5/12, # 6 Exhibit Uniform Guidelines on Selection Procedures, # 7 Exhibit SIOP Principles on Validation/Selection Procedures)(Boehringer, Maria) (Entered: 09/24/2012)

1 Exhibit EEOC's Expert Report of Dr. Kevin Murphy 5/1/12

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2 Exhibit EEOC's Expert Report of Dr. Kevin Murphy 8/17/12

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3 Exhibit Defendant's Expert Report of Dr. Michael Aamodt 8/27/12

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4 Exhibit Defendant's Expert Report of Dr. Ali Saad 8/27/12

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5 Exhibit EEOC's Supplemental Expert Report 9/5/12

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6 Exhibit Uniform Guidelines on Selection Procedures

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7 Exhibit SIOP Principles on Validation/Selection Procedures

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Sept. 24, 2012 PACER
75

Reply to response to 72 Motion to strike supplemental expert report of Dr. Kevin R. MurhpyMotion to prohibit Dr. Murphy as witness filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Maatman, Gerald) (Entered: 10/01/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Oct. 1, 2012 PACER
76

Order : Defendants' Motion to Strike Plaintiff's Supplemental Expert Report and to Prohibit Plaintiff from Using Dr. Kevin R. Murphy as a Witness with Respect to the Information and Opinions in the Supplemental Expert Report is denied. (Related Doc # 72 )Judge Patricia A. Gaughan on 10/05/12.(D,Ma) (Entered: 10/05/2012)

Oct. 5, 2012 PACER
77

Unopposed Motion for extension of dispositive motions until November 21, 2012 filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 11/01/2012)

Nov. 1, 2012 PACER
78

Motion for extension of dispositive motions until November 30, 2012 filed by Plaintiff Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
79

Motion for summary judgment filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. (Attachments: # 1 Brief in Support)(Maatman, Gerald) (Entered: 11/30/2012)

1 Brief in Support

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Nov. 30, 2012 PACER
80

Motion for partial summary judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Bouchard Deposition Excerpt, # 2 Exhibit Calfee Deposition Exhibit 1, # 3 Exhibit Calfee Deposition Exhibit 3, # 4 Exhibit Corser Deposition Excerpt, # 5 Exhibit Corser Deposition Exhibit 4, # 6 Exhibit Dervin Deposition Excerpt, # 7 Exhibit Dervin Deposition Exhibit 5, # 8 Exhibit Rogoff Deposition Excerpt, # 9 Exhibit Rogoff Deposition Exhibit 2, # 10 Exhibit Nichols Deposition Excerpt, # 11 Exhibit Seelye Deposition Excerpt, # 12 Exhibit Seelye Deposition Exhibits, # 13 Exhibit Van Patten Deposition Excerpt, # 14 Exhibit Van Patten Deposition Exhibit 1, # 15 Exhibit Defense Expert (Aamodt) Deposition, # 16 Exhibit Defense Expert (Aamodt) Deposition Excerpts)(Boehringer, Maria) (Attachment 2 replaced per order filed on 12/7/12) NEF regenerated on 12/7/12 (M,V). (Entered: 11/30/2012)

1 Exhibit Bouchard Deposition Excerpt

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2 Exhibit Calfee Deposition Exhibit 1

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3 Exhibit Calfee Deposition Exhibit 3

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4 Exhibit Corser Deposition Excerpt

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5 Exhibit Corser Deposition Exhibit 4

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6 Exhibit Dervin Deposition Excerpt

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7 Exhibit Dervin Deposition Exhibit 5

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8 Exhibit Rogoff Deposition Excerpt

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9 Exhibit Rogoff Deposition Exhibit 2

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10 Exhibit Nichols Deposition Excerpt

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11 Exhibit Seelye Deposition Excerpt

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12 Exhibit Seelye Deposition Exhibits

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13 Exhibit Van Patten Deposition Excerpt

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14 Exhibit Van Patten Deposition Exhibit 1

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15 Exhibit Defense Expert (Aamodt) Deposition

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16 Exhibit Defense Expert (Aamodt) Deposition Excerpts

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Nov. 30, 2012 RECAP
81

Affidavit/Declaration of Gerald L. Maatman, Jr. In Support of Defendants' Motion For Summary Judgment filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. Related document(s) 79 . (Attachments: # 1 Exhibit 1-Paetsch Declaration, # 2 Exhibit 2-Seelye Deposition Excerpts, # 3 Exhibit 3-FSA Letter, # 4 Exhibit 4-Rogoff Declaration, # 5 Exhibit 5-Laury Deposition Excerpts, # 6 Exhibit 6-Smith Declaration, # 7 Exhibit 7-Statement of Work, # 8 Exhibit 8-Client Information Form, # 9 Exhibit 9-FSA Newsletter, # 10 Exhibit 10-Van Patten Deposition Excerpts, # 11 Exhibit 11-Van Patten E-Mail, # 12 Exhibit 12-GIS Spreadsheet Excerpt, # 13 Exhibit 13-OIG Final Inspection Report, # 14 Exhibit 14-Klier Deposition Excerpts, # 15 Exhibit 15-Mosley Deposition Excerpts, # 16 Exhibit 16-GIS Background Report, # 17 Exhibit 17-Smith Deposition Excerpts, # 18 Exhibit 18-Rogoff Deposition Excerpts, # 19 Exhibit 19-Spence Deposition Excerpts, # 20 Exhibit 20-Aamodt Expert Report, # 21 Exhibit 21-Van Patten E-Mail, # 22 Exhibit 22-Background-Credit Checks Documentation, # 23 Exhibit 23-Corser Deposition Excerpts, # 24 Exhibit 24-Dervin Deposition Excerpts, # 25 Exhibit 25-Murphy Expert Report, # 26 Exhibit 26-Saad Declaration & Expert Report, # 27 Exhibit 27-Murphy Deposition Excerpts, # 28 Exhibit 28-Saad Deposition Excerpts, # 29 Exhibit 29-Financial Review PowerPoint, # 30 Exhibit 30-EEOC Personnel Suitability Handbook, # 31 Exhibit 31-National Security Directive 63, # 32 Exhibit 32-Executive Order, # 33 Exhibit 33-Transcript of Oral Argument)(Maatman, Gerald) (Entered: 11/30/2012)

1 Exhibit 1-Paetsch Declaration

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2 Exhibit 2-Seelye Deposition Excerpts

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3 Exhibit 3-FSA Letter

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4 Exhibit 4-Rogoff Declaration

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5 Exhibit 5-Laury Deposition Excerpts

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6 Exhibit 6-Smith Declaration

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7 Exhibit 7-Statement of Work

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8 Exhibit 8-Client Information Form

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9 Exhibit 9-FSA Newsletter

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10 Exhibit 10-Van Patten Deposition Excerpts

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11 Exhibit 11-Van Patten E-Mail

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12 Exhibit 12-GIS Spreadsheet Excerpt

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13 Exhibit 13-OIG Final Inspection Report

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14 Exhibit 14-Klier Deposition Excerpts

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15 Exhibit 15-Mosley Deposition Excerpts

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16 Exhibit 16-GIS Background Report

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17 Exhibit 17-Smith Deposition Excerpts

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18 Exhibit 18-Rogoff Deposition Excerpts

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19 Exhibit 19-Spence Deposition Excerpts

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20 Exhibit 20-Aamodt Expert Report

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21 Exhibit 21-Van Patten E-Mail

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22 Exhibit 22-Background-Credit Checks Documentation

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23 Exhibit 23-Corser Deposition Excerpts

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24 Exhibit 24-Dervin Deposition Excerpts

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25 Exhibit 25-Murphy Expert Report

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26 Exhibit 26-Saad Declaration & Expert Report

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27 Exhibit 27-Murphy Deposition Excerpts

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28 Exhibit 28-Saad Deposition Excerpts

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29 Exhibit 29-Financial Review PowerPoint

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30 Exhibit 30-EEOC Personnel Suitability Handbook

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31 Exhibit 31-National Security Directive 63

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32 Exhibit 32-Executive Order

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33 Exhibit 33-Transcript of Oral Argument

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Nov. 30, 2012 PACER
82

Motion To Exclude The Reports And Testimony Of Dr. Kevin R. Murphy filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. (Attachments: # 1 Brief in Support Of Defendants' Motion To Exclude The Reports And Testimony Of Dr. Kevin R. Murphy)(Maatman, Gerald) (Entered: 11/30/2012)

1 Brief in Support Of Defendants' Motion To Exclude The Reports And Testimony

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Nov. 30, 2012 PACER
83

Affidavit/Declaration of Gerald L. Maatman, Jr. In Support of Defendants' Motion To Exclude The Reports And Testimony of Dr. Kevin R. Murphy filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. Related document(s) 82 . (Attachments: # 1 Exhibit 1 - Aug 17, 2012 Expert Report of Dr. Murphy, # 2 Exhibit 2 - Aug 27, 2012 Expert Report of Dr. Saad, # 3 Exhibit 3 - Aug 27, 2012 Expert Report of Dr. Aamodt, # 4 Exhibit 4 - Sept 5, 2012 Supplemental Expert Report of Dr. Murphy, # 5 Exhibit 5 - Relevant Portions of Transcript of Dep of Dr. Murphy Taken Sept 12 & Nov 8, # 6 Exhibit 6 - Sept 26, 2012 Letter from G. Maatman to J. Stern, # 7 Exhibit 7 - Dep of Ex.13 from Nov 8 Dep of Dr. Murphy, # 8 Exhibit 8 - Dep of Ex.14 from Nov 8 Dep of Dr. Murphy, # 9 Exhibit 9 - Dep of Ex.15 from Nov 8 Dep of Dr. Murphy, # 10 Exhibit 10 - Aug 23, 2012 E-Mail from J. Stern to M. Gagnon, # 11 Exhibit 11 - May 2012 Invoice from Landy Litigation)(Maatman, Gerald) (Entered: 11/30/2012)

1 Exhibit 1 - Aug 17, 2012 Expert Report of Dr. Murphy

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2 Exhibit 2 - Aug 27, 2012 Expert Report of Dr. Saad

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3 Exhibit 3 - Aug 27, 2012 Expert Report of Dr. Aamodt

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4 Exhibit 4 - Sept 5, 2012 Supplemental Expert Report of Dr. Murphy

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5 Exhibit 5 - Relevant Portions of Transcript of Dep of Dr. Murphy Taken Sept 12 &

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6 Exhibit 6 - Sept 26, 2012 Letter from G. Maatman to J. Stern

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7 Exhibit 7 - Dep of Ex.13 from Nov 8 Dep of Dr. Murphy

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8 Exhibit 8 - Dep of Ex.14 from Nov 8 Dep of Dr. Murphy

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9 Exhibit 9 - Dep of Ex.15 from Nov 8 Dep of Dr. Murphy

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10 Exhibit 10 - Aug 23, 2012 E-Mail from J. Stern to M. Gagnon

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11 Exhibit 11 - May 2012 Invoice from Landy Litigation

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Nov. 30, 2012 PACER
84

Affidavit/Declaration of Ali Saad, Ph.D. filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. Related document(s) 82 . (Maatman, Gerald) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
85

Motion to seal Jane Doe Exhibits filed by Plaintiff Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
86

Emergency Motion to withdraw document Doc#80-2 filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Corrected Exhibit 1 to Calfee Deposition)(Boehringer, Maria) (Entered: 12/06/2012)

1 Exhibit Corrected Exhibit 1 to Calfee Deposition

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Dec. 6, 2012 PACER
87

Notice of Filing Exhibit Key For Evidence Cited in EEOC's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. Related document(s) 80 .(Boehringer, Maria) (Entered: 12/06/2012)

Dec. 6, 2012 PACER
88

SEALED Document:Jane Doe Exhibits in Support of EEOC's Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. Related document(s) 80 . (Boehringer, Maria) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
89

Motion for extension of time until 12/21/12 to File Opposition to Defendant's Daubert Motion filed by Plaintiff Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
90

Motion for Order Excluding Defendant's Expert Michael G. Aamodt filed by Plaintiff Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
91

Opposition to 82 Motion To Exclude The Reports And Testimony Of Dr. Kevin R. Murphy filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
92

Affidavit/Declaration of Kevin R. Murphy filed by Equal Employment Opportunity Commission. Related document(s) 91 . (Attachments: # 1 Exhibit Exhibit A May 1st Murphy Report, # 2 Exhibit Exhibit B August 17 Murphy Report, # 3 Exhibit Exhibit C Murphy Supplemental Report September 5, # 4 Exhibit Exhibit D Summary, # 5 Exhibit Exhibt E Photo Compilation, # 6 Exhibit Exhibit F Article OSU 1999, # 7 Exhibit Exhibit G Output Displays)(Stern, Jeffrey) (Entered: 12/22/2012)

1 Exhibit Exhibit A May 1st Murphy Report

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2 Exhibit Exhibit B August 17 Murphy Report

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3 Exhibit Exhibit C Murphy Supplemental Report September 5

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4 Exhibit Exhibit D Summary

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5 Exhibit Exhibt E Photo Compilation

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6 Exhibit Exhibit F Article OSU 1999

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7 Exhibit Exhibit G Output Displays

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Dec. 21, 2012 PACER
93

Opposition to 82 Motion To Exclude The Reports And Testimony Of Dr. Kevin R. Murphy (CORRECTED) filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/22/2012)

Dec. 22, 2012 PACER
94

Affidavit/Declaration of Jeffrey A. Stern filed by Equal Employment Opportunity Commission. Related document(s) 91, 93 . (Attachments: # 1 Exhibit 1 Letter Kaplan to Stern, # 2 Exhibit 2 Federal Register Excerpts, # 3 Exhibit 3 Email Stern to Rowland, # 4 Exhibit 4 Email Rowland to Stern)(Stern, Jeffrey) (Entered: 12/22/2012)

1 Exhibit 1 Letter Kaplan to Stern

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2 Exhibit 2 Federal Register Excerpts

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3 Exhibit 3 Email Stern to Rowland

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4 Exhibit 4 Email Rowland to Stern

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Dec. 22, 2012 PACER
95

Appendix Kevin R. Murphy Deposition Excerpts filed by Equal Employment Opportunity Commission. Related document(s) 91, 93 . (Stern, Jeffrey) (Entered: 12/22/2012)

Dec. 22, 2012 PACER
96

Appendix Ali Saad Deposition Excerpts filed by Equal Employment Opportunity Commission. Related document(s) 91, 93 . (Stern, Jeffrey) (Entered: 12/22/2012)

Dec. 22, 2012 PACER
97

Notice of Service of Declaration of Kevin Murphy, Declaration of Jeffrey Stern, Kevin Murphy Deposition Excerpt, Ali Saad Deposition Excerpt Notice of Filing and Certificate of Service filed by Equal Employment Opportunity Commission. Related document(s) 94, 92, 95, 96 .(Stern, Jeffrey) (Entered: 12/22/2012)

Dec. 22, 2012 PACER
98

Unopposed Motion for extension of time until January 3, 2013 to file Defendants' Unopposed Motion For Extension Of Time To File Opposition To EEOC's Motion To Exclude Defendant's Expert Michael G. Aamodt filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. Related document(s) 90 . (Maatman, Gerald) (Entered: 12/26/2012)

Dec. 26, 2012 PACER
99

Response to 90 Motion for Order Excluding Defendant's Expert Michael G. Aamodt (Defendants' Response in Opposition To Plaintiff's Motion to Exclude Defendants' Expert Michael G. Aamodt) filed by Kaplan Higher Education Corporation, Kaplan, Inc.. (Maatman, Gerald) (Entered: 12/31/2012)

Dec. 31, 2012 PACER
100

Affidavit/Declaration Of Gerald L. Maatman, Jr. In Support of Defendants' Response In Opposition To Plaintiff's Motion To Exclude Defendants' Expert Michael G. Aamodt filed by Iowa College Acquisition Corporation, Kaplan Higher Education Corporation, Kaplan, Inc.. Related document(s) 99 . (Attachments: # 1 Exhibit 1-Expert Report of Ali Saad, Ph.D., # 2 Exhibit 2--Expert Report of Michael G. Aamodt, Ph.D., # 3 Exhibit 3-Excerpts from Deposition of Michael G. Aamodt, Ph.D., # 4 Exhibit 4-Expert Report of Kevin R. Murphy, Ph.D., # 5 Exhibit 5-Excerpts from 9/12/12 Deposition of Kevin R. Murphy, Ph.D., # 6 Exhibit 6-EEOC's Personnel Suitability & Secuity Handbook, # 7 Exhibit 7-EEOC Enforcement Guidance, # 8 Exhibit 8-Excerpts from Deposition of Matthew C. Seelye, # 9 Exhibit 9-Supplemental Expert Report of Kevin R. Murphy, Ph.D., # 10 Exhibit 10-Excerpts from Deposition of F. Maurice Mosley)(Maatman, Gerald) (Entered: 12/31/2012)

1 Exhibit 1-Expert Report of Ali Saad, Ph.D.

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2 Exhibit 2--Expert Report of Michael G. Aamodt, Ph.D.

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3 Exhibit 3-Excerpts from Deposition of Michael G. Aamodt, Ph.D.

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4 Exhibit 4-Expert Report of Kevin R. Murphy, Ph.D.

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5 Exhibit 5-Excerpts from 9/12/12 Deposition of Kevin R. Murphy, Ph.D.

View on PACER

6 Exhibit 6-EEOC's Personnel Suitability & Secuity Handbook

View on PACER

7 Exhibit 7-EEOC Enforcement Guidance

View on PACER

8 Exhibit 8-Excerpts from Deposition of Matthew C. Seelye

View on PACER

9 Exhibit 9-Supplemental Expert Report of Kevin R. Murphy, Ph.D.

View on PACER

10 Exhibit 10-Excerpts from Deposition of F. Maurice Mosley

View on PACER

Dec. 31, 2012 PACER

State / Territory: Ohio

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 21, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kaplan Higher Learning Educ. Corp., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits