Here - Global College of Natural Medicine | Class Action Lawsuit

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Here - Global College of Natural Medicine | Class Action Lawsuit
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANITA TOLER, individually and
on behalf of a class of similarly
situated persons,
Plaintiff,
Case No. 13-10433
v.
GLOBAL COLLEGE OF NATURAL
MEDICINE, INC., and
HEATHER JOHNSTONE,
HON. TERRENCE G. BERG
HON. DAVID R. GRAND
Defendants.
O P I N I O N AND ORDER G R A N T I N G PLAINTIFF'S
M O T I O N FOR D E FA U LT J U D G M E N T (DKT. 42)
This is an unusual case in which Defendants, a defunct online college and its
owner, have repeatedly failed to respond to a class action brought by former
students seeking refunds of pre-paid tuition, resulting in the entry of default and
final judgment for over a million dollars in damages. Defendants have been given
numerous chances to avoid this outcome, but because they and their Counsel have
chosen not to defend this lawsuit, they have invited and facilitated the demise of
their case.
I. I N T R O D U C T I O N
Plaintiff Anita Toler was a student enrolled in a degree program offered by
Defendant Global College of Natural Medicine, Inc. ("GCNM"), an online postsecondary school that provided distance education programs in natural health.
(Dkt. 1, 11 16.) GCNM was owned, operated, and exclusively controlled by
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Defendant Heather Johnstone, its lone shareholder, director, chief executive officer
and chief operating officer. (Id. at TT 47-53.) To enroll in GCNM's degree programs,
students would pre-pay the full amount of tuition. (Id. at fiff 39.) In November 2012,
GCNM abruptly closed and did not refund the pre-paid tuition of those students
who had not yet completed their courses of study. (Id. at ill 40.)
On February 4, 2013, Plaintiff filed her class action complaint under Federal
Rules of Civil Procedure 23(b)(1) and (b)(3) on behalf of a class defined as: l a i n
individuals who entrusted tuition in advance to GCNM and were active students in
distance education programs of study through GCNM as of November 2012." (Id. at
If 14.) Plaintiff alleged claims of: (1) breach of fiduciary duty; (2) negligence; (3)
wrongful use or loss of property (bailment); (4) innocent, negligent and/or
fraudulent concealment and omission; (5) promissory estoppel; (6) unjust
enrichment/breach of quasi-contract; (7) equitable estoppel; and (8) breach of
contract. (See id.)
During the two years this case has been pending, Defendants have not
answered the complaint; nor have they either responded to any motions —even
when extensions of time were granted—or otherwise defended themselves on the
merits. A clerk's entry of default was entered against Defendants on May 22, 2013,
establishing their liability. (Dkts. 16-17.) Defendants have not moved to set these
entries aside. Defense Counsel has entered an appearance (Dkt. 12), appeared at a
telephonic status conference on July 2, 2013 (Dkt. 23, It 1), appeared in person at a
show cause hearing on February 4, 2015 (See Dkt. 33), filed a suggestion of
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bankruptcy (Dkt. 26), and appeared at the hearing on Plaintiffs motion for default
judgment (See Dkt. 45). In each encounter with Defense Counsel, the Court
admonished him to respond to the complaint and attend to his obligations to defend
this case. Defense Counsel would promise do so, but he did not.
The Court certified this case as a class action on April 10, 2015,1 without
opposition from Defendants. (Dkt. 39.) The class having been certified, and the optout date having passed, class membership has been established. Plaintiff filed her
motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) on
October 12, 2015. (Dkt. 42.) Defendants failed to contest the default judgment on
liability, so the Court set a hearing date on the motion to enter a final judgment and
receive evidence concerning the amount of damages, which was held on December
11, 2015.
After months of silence, Defense Counsel somewhat unexpectedly appeared
at the hearing to contest both liability and damages. Defendants had neither filed
any response to the motion nor communicated with the Court in any way prior to
the hearing. At the hearing, Defense Counsel made an oral motion requesting that
the Court deny Plaintiffs motion for default judgment and grant Defendants leave
to finally answer Plaintiffs complaint, which had been filed almost three years ago.
Defendant's oral motion was unaccompanied by any evidence or legal authority.
For the reasons stated below, the Court will GRANT Plaintiffs motion for
default judgment (Dkt. 42) and DENY Defendants' oral motion for leave to answer
1This case was administratively closed for two years beginning on September 30, 2013 due to a
bankruptcy stay. (Dkt. 29.) I t was reopened after the stay was lifted in 2014. (See Dkts. 30, 33.)
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the complaint. Judgment will be entered against Defendants in favor of each
individual identified on the Class List attached to this order as Exhibit A in the
amount of tuition and fees specified, plus interest, including any interest paid on
any loans used to pay the tuition and fees. The total amount of the judgment in
favor of the Class will be $1,422,080.05 exclusive of interest.
IL F A C T U A L AND PROCEDURAL BACKGROUND
As stated, this case is unusual. Its factual and procedural history therefore
merits a detailed recounting Because a clerk's entry of default was entered against
Defendants in this case and Defendants have not moved to set these entries aside,
Defendants are deemed to have admitted all of Plaintiffs well-pleaded allegations
and have never disputed them.2 Visioneering Const. v. U.S. Fidelity and Guar., 661
F.2d 119, 124 (6th Cir. 1981).
GCNM was a postsecondary school licensed by the State of California that
marketed and sold distance education programs in natural health to students
throughout the United States. (Dkt. 1, 11125-26.) Students could earn certificates,
Bachelor of Science, Master of Science and Ph.D. degrees in programs such as
Master Herbalist, Nutritional Consultant, and Holistic Health Practitioner. (Id. at ill
27.) Tuition ranged from approximately $1,000 for the Master Herbalist and
Nutritional Consultant programs to more than $10,000 for the Ph.D. program. (Id.
at11137.) Students took courses in their own homes and studied at their own pace.
(Id. at 11128.)
2Other than a suggestion of bankruptcy notice entered on September 16, 2013 (Dkt. 26), Defendants
filed no pleadings, responses, briefs, notices, exhibits, or any other document in this case.
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Students were required to pre-pay for their programs of choice; they either
paid their full tuition in advance or paid a substantial amount before starting
coursework with the balance due soon thereafter. (Id. at lit 39.) Plaintiff Toler, for
example, paid Defendants approximately 83,120 in tuition for her self-paced
Bachelor of Science program in holistic health. (Id. at If 43.) Plaintiff maintains that
at the time GCNM closed without warning in November 2012, it had collected at
least $5,000,000.00 in advance tuition from thousands of students. (Id. at ilt 40-41.)
After GCNM closed, i t did not refund pre-paid tuition for coursework and programs
that enrolled students would be unable to complete. (Id. at If 46, 67.)
Plaintiff filed her class action complaint on February 4, 2013. (Dkt. 1.)
Defendants were served on February 11, 2013, and their answer was due on
February 27, 2013. (Dkts. 5-6.) On March 13, 2013, after no answer was filed and no
attorney had yet made an appearance on behalf of Defendants, the Court entered an
order directing Plaintiff to show cause why her case should not be dismissed for
failure to prosecute. (Dkt. 8.) In response, Plaintiff explained that after the
complaint was filed, Plaintiff's Counsel was contacted by Defense Counsel who
offered to provide "certain pertinent documents relating to Plaintiffs claims prior to
answering the Complaint." (Dkt. 10, II 5.) After Defense Counsel made an
appearance on April 11, 2013, the parties stipulated to an extension of the deadline
to file an answer, allowing Defendants until May 17, 2013. (Dkt. 13.)
Although they were granted an extension, Defendants never answered
Plaintiffs complaint. Accordingly, on May 21, 2013, Plaintiff requested a clerk's
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entry of default against Defendants. (Dkts. 14-15.) Plaintiff's request was granted
on May 22, 2013 for "failure to plead or otherwise defend." (Dkts. 16-17.)
Defendants failed to respond to the entry of default, and took no other action to set
i t aside. Defendants therefore remain in default.
Defendants also failed to provide Plaintiff with the promised "pertinent
documents". Accordingly, the Court held a telephonic status conference on July 1,
2013 to address this discovery issue (see Dkt. 20). On July 3, 2013, a stipulated
order was filed requiring Defendants to produce insurance and financial documents,
as well as information "regarding the number of students enrolled in programs at
Global College of Natural Medicine, Inc., at the time of its closing and the total
amount of tuition paid by those students" by July 26, 2013. (Dkt. 21, If 11 1-2.)
Despite the Court's Order, Defendants failed to produce any of the required
documents. Plaintiff filed a motion for contempt and sanctions on August 15, 2013.
(Dkt. 23.) Defendants failed to respond to Plaintiff's motion (Dkt. 23) and to the
Court's September 5, 2013 show cause order (Dkt. 25). I n response, the Court
granted Plaintiffs motion for contempt and ordered Defense Counsel to pay $2,740
in attorneys' fees to Plaintiffs Counsel within 30 days of the entry of the order (Dkt.
28, p. 2). Defense Counsel did not comply, however, until 2015 when the Court
reopened this case and issued yet another order for Defense Counsel to show cause.3
3When Plaintiff's Counsel informed the Court in 2015 in his motion to reopen this case that Defense
Counsel had never paid the fees imposed as sanctions in 2013 (Dkt. 30, 4 ) , the Court issued an
order for Defense Counsel to show cause in person why he had not complied with the order (Dkt. 32).
On February 4, 2015, the parties confirmed during the oral hearing on Plaintiffs motion to reopen
the above-captioned case that Defense Counsel had only recently paid those fees. After being
admonished by the Court, Defense Counsel gave assurances that he would begin responding to
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On September 12, 2013, Defendants filed petitions for relief in the United
States Bankruptcy Court of the Northern District of Illinois. (Dkt. 26.) As a result, a
bankruptcy stay took effect and this case was administratively closed on September
30, 2013 without prejudice to the rights of the parties. (Dkt. 29.) Defendant Global
College's bankruptcy case was closed on March 12, 2014. In re Global College of
Natural Medicine, Inc., No. 13-36174 (N.D. D k t . 31. Defendant Johnstone's
attempt to discharge her debt to Plaintiff and the Class in this case was denied by
the Honorable Carol Doyle, United States Bankruptcy Judge, who issued a default
judgment in favor of Plaintiff Toler on November 13, 2014 for reasons that included
Defendant Johnstone's "repeated failures to comply with court orders regarding
discovery after plaintiff was given repeated opportunities to comply." In re Heather
A. Johnstone, No. 13-36162 (N.D. D k t . 44.4
Defendant Johnstone's bankruptcy case was closed on November 17, 2014.
Id., Dkt. 48. Defendant Johnstone appealed this decision on December 29, 2014.
Johnstone v. Toler, No. 14-cv-10405 (N.D. D k t . 1. Despite requesting and being
granted seven extensions of time to file her opening appellate brief in the United
States District Court by the Honorable Jorge L. Alonso, Defendant Johnstone never
complied and her bankruptcy appeal was dismissed on August 27, 2015. See id.,
Dkts. 11, 14, 17, 20, 23, 26, 29, and 31.
filings and orders and was ready to litigate this case. The show cause order was vacated. (Dkt. 33.)
Unfortunately, however, Defense Counsel never responded to any other filings.
4 Plaintiff intervened in Defendant Johnstone's bankruptcy proceeding to oppose the discharge of
Defendant Johnstone's debt to Plaintiff and the Class, resulting in the creation of a related
adversarial proceeding. Toler v. Johnstone, Case No. 13-01398, (N.D. D k t . 1.
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After Defendants' bankruptcy cases had closed, Plaintiff filed her motion to
reopen the above-captioned case on December 22, 2014. (Dkt. 30.) A hearing was
held on Plaintiff's motion in Flint, Michigan, on February 4, 2015. (See Dkts. 31, 33,
38.) Because the motion was unopposed and Defendants no longer enjoyed any
bankruptcy protection preventing the case from being reopened this case was
reopened on February 6, 2015. (Dkt. 33.)
Plaintiff then filed her motion for class certification and to appoint
Plaintiffs Counsel as Class Counsel on February 13, 2015. (Dkt. 34.) Defendants
did not respond. Plaintiffs motion was granted on April 10, 2015. (Dkt. 39.)
Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Court certified the
following class as to all claims and defenses at issue in Plaintiffs complaint:
A l l individuals who entrusted tuition in advance to GCNM and were active
students in a distance education program through GCN-M as of November
2012.
(Id. at 15.) As authorized by Rule 23, Plaintiff Anita Toler was certified as the class
representative and Thomas H. Howlett and Dean M. Googasian of the Googasian
Firm, P.C. were appointed Class Counsel. (Id.)
The Court also ordered Plaintiff to move for approval of her proposed class
action notice prior to mailing it to potential class members. (Id. at 16.) Plaintiff
complied on April 22, 2015 (Dkt. 40), and Defendants never objected or otherwise
responded. The class notice was approved on May 19, 2015. (Dkt. 41.) Plaintiff was
ordered to mail the notice to "all reasonably identifiable class members via first
class mail." (Id. at 4.) I f a notice was returned as non-deliverable, Plaintiff was
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required to re-mail the notice to "any address indicated by the postal service". (Id.)
Potential class members could opt out of the class by October 9, 2015. (Dkt. 40, Ex.
1.) Notice was mailed as the Court ordered, and posted online at
www.gcnmclassaction.com. (Dkt. 42, p. 16.)
On October 12, 2015, after the opt-out period had ended and class
membership was established, Plaintiff filed her motion for default judgment against
Defendants. (Dkt. 42.) Before the expiration of the opt-out period, Plaintiff had
requested Defendants to provide GCNM's financial records indicating the members
of the class, how much tuition each individual paid, and their enrollment status.
(Id., Ex. 10.) A compilation of these records, including a proposed class list,5 was
attached to Plaintiffs motion for default judgment in support of Plaintiff's request
for a damage award. These financial records were provided by Defense Counsel on
July 15, 2015 as an email attachment to Plaintiffs Counsel and were submitted to
the Court at the December 11, 2015 hearing on Plaintiffs motion for default
judgment. (Dkt. 46.) In the email message sent by Defense Counsel with the
financial records, Defense Counsel did not indicate whether Defendants would be
opposing Plaintiffs motion for default judgment and did not suggest that the
financial information being provided was inaccurate or untrustworthy in any way.
(See Dkt. 46, p. 1.)
5Timely opt-out requests were received from Josette D'orazio, H. M. Plant, Jackie Christensen,
Tanna Marshall Benedict, Bernadette Kilbury, Jennie Embody, Lynn Kellner, and Melissa
Richardson. (Dkt. 42, Ex. 9.) These individuals are not included in the final Class List attached to
this order as Exhibit A.
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A stipulated order extending the briefing schedule to allow Defendants
until November 2, 2015 to respond to Plaintiffs motion for default judgment was
entered on October 27, 2015. (Dkt. 44.) This order stated that no further extensions
would be granted. (Id.) Defendants, however, never responded to Plaintiff's motion
nor requested any additional time to respond from either Plaintiffs Counsel or this
Court.
Instead, Defense Counsel unexpectedly appeared at the December 11, 2015
hearing on Plaintiffs motion and made an oral request that the motion for default
judgment be denied and that Defendants be granted leave to file an answer to
Plaintiff's 2013 complaint. Prior to the hearing, Defense Counsel had not
communicated with the Court in any way regarding Plaintiffs motion. No evidence
was proffered in support of Defendants' motion and the only argument Defendants
offered was to suggest the possibility that some of the individuals on the Class List
might have not received a refund because they had quit their programs, rather than
because the school had suddenly closed. When asked why he had failed to raise this
issue earlier or otherwise communicated with the Court, Defense Counsel explained
that personal and professional problems had prevented him from litigating this case
but he was prepared to litigate now.
Plaintiff vigorously opposed Defendants' request, citing Defense Counsel's
persistent non-responsiveness in this case as well as in Defendants' bankruptcy
proceedings and appeal. After the hearing, the Court took Plaintiffs motion for
default judgment as well as Defense Counsel's oral motion under advisement.
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A N A LY S I S
A clerk's entry of default was entered against both Defendants in this case on
on May 22, 2013. (Dkts. 16-17.) Neither Defendant has moved for relief, and
Plaintiff now seeks default judgment pursuant to Federal Rule of Civil Procedure
55(b).
A. D e f a u l t Judgment Requirements
Federal Rule of Civil Procedure 55 provides that "[w]hen a party against
whom a judgment for affirmative relief is sought has failed to plead or otherwise
defend, and that failure is shown by affidavit or otherwise, the clerk must enter the
party's default." Fed. R. Civ. P. 55(a). I n order to obtain judgment by default, the
proponent must first request the clerk's entry of default pursuant to Rule 55(a).
Hanner v. City of Dearborn Heights, No. 07-15251, 2008 WL 2744860, *1 (RD.
Mich. July 14, 2008); see also Hickman v. Burehett, No. 07-743, 2008 WL 926609, *1
(S.D. Ohio Apr. 4, 2008) ("[E]ntry of default under Rule 55(a) must precede grant of
a default judgment under Rule 55(b)." (internal quotation marks omitted, collecting
cases)). Once a default has been entered by the clerk, all of Plaintiffs well-pleaded
allegations are deemed admitted. Ford Motor Co. v. Cross, 441 F. Supp. 2d 837, 846
(ED. Mich. 2006) (citing Visioneering, 661 F.2d at 124); see also Fed. R. Civ. P.
8(b)(6) (providing that "[a]n allegation—other than one relating to the amount of
damages—is admitted if a responsive pleading is required and the allegation is not
denied.").
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A default judgment is final and absolute unless the Court sets it aside. See
Thomson v. Wooster, 114 U.S. 104, 113 (1885) ("...one against whom a decree pro
confess° has been entered is absolutely precluded from alleging anything in
opposition to the decree, so long as it stands unrevoked, except what appears on the
face of the bill"); see also Days Inns Worldwide, Inc. v. Patel, 445 11.3c1899, 906 (6th
Cir. 2006) (appellant had the responsibility of convincing the district court to vacate
the default judgment or else it would remain in force and subject to execution).
Relief from a default judgment must be sought under Federal Rule of Civil
Procedure 60(b).
When the complaint alleges damages for a sum certain, "the clerk—on the
plaintiffs request, with an affidavit showing the amount due—must enter judgment
for that amount and costs against a defendant who has been defaulted for not
appearing." Fed. R. Civ. P. 55(b)(1). "In all other cases, the party must apply to the
court for a default judgment." Fed. R. Civ. P. 55(b)(2). In this case, Plaintiff's class
action complaint did not allege a sum certain; accordingly, she filed her motion for
default judgment on October 12, 2015 and included as an exhibit a class list
documenting the amount of tuition and fees each class member had paid. (Dkt. 42,
Ex. 9.) In total, Plaintiff is requesting a judgment in the amount of $1,422,080.05,
exclusive of interest.
1. Jurisdictional Requirements
To avoid entering a default judgment that can later be successfully attacked
as void under Federal Rule of Rule 60(b)(4), a Court should determine whether it
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has jurisdiction over the parties and the subject matter. Here, Plaintiff has
sufficiently alleged original jurisdiction pursuant to 28 U.S.C. § 1332(d)(2) in her
complaint 6 (See Dkt. 1, TT 7-9.) Plaintiff alleges, and Defendants do not deny, that
Plaintiff is a Michigan citizen, Defendant GCNM is a California corporation with its
principal place of business in California, and Defendant Johnstone is a citizen of
Illinois. (Id.) Plaintiff also alleged in her unanswered complaint that the amount in
controversy exceeded 0,000,000.00 because GCNM collected at least this much in
pre-paid tuition from thousands of enrolled students.7 (Id. at glf 12.) A fair reading of
the complaint thus establishes that this Court has original jurisdiction pursuant to
28 U.S.C. § 1332(d)(2).
2. Extensive Choice of Law Analysis not Required
In addition to jurisdiction, the Court will also briefly address choice of law
because, as Plaintiff observes in her motion, GCNM operated in California and this
lawsuit was filed in Michigan. (Dkt. 42, p. 12.) A federal court sitting in diversity
jurisdiction applies the substantive law and choice of law rules of the forum state in
6This section states in relevant part that "[t]he district courts shall have original jurisdiction of any
civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of
interest and costs, and is a class action in which [...] any member of a class of plaintiffs is a citizen of
a State different from any defendant." 28 U.S.C. § 1332(d)(2), (d)(2)(A).
7Pursuant to 28 U.S.C. § 1332(d), the amount in controversy must exceed $5,000,000.00. "To
determine the amount in controversy, the Court first looks to the Complaint." Hayes v. Equitable
Energy Resources Co., 266 F.3d 560, 572 (6th Cir. 2001). The relevant question is whether a "fair
reading" of the complaint makes it more likely than not that damages exceed $5,000,000. See id at
573; see also Black v. Crowe, Paradis, & Albren, LLC, No. C N A . 5:14-187-KKCB, 2014 WL 3965043,
at *2 (E.D. Ky. Aug. 13, 2014). Plaintiff alleges in her complaint that, at the time GCNM closed, it
had collected "millions of dollars in advance tuition" from a Class that included "thousands of
similarly situated persons in states across the United States." (Dkt. 1, 1[II 2, 17.) Plaintiff asserted
that the amount in controversy exceeded the judicial threshold exclusive of interest and costs given
that GCNM "collected more than $5 million in tuition from Plaintiff and members of the Class." (Id.
at 1 2 , 41.) Defendants never answered Plaintiffs complaint or otherwise challenged Plaintiffs
assertions regarding jurisdiction.
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which the court sits. Performance Contracting Inc. v. DynaSteel Corp., 750 1-1.3d 608,
611 (6th Cir. 2014.) Michigan courts "will apply Michigan law unless a 'rational
reason' to do otherwise exists." Sutherland v. Kennington Truck Serv., Ltd., 454
Mich. 274, 286 (1997).
Here, as Plaintiff documents, the laws of California and Michigan are either
the same or substantially similar for all of Plaintiff's claims (See Dkt. 42, p. 13.)
Moreover, Defendants do not argue that California law or that of any state other
than Michigan should apply. This Court has not found, nor have Defendants
provided, any reason to disagree with Plaintiffs assertion that "an extensive choice
of laws analysis" is not required in this case "because the laws of Michigan and
California are the same for purposes of entry of judgment here." (Dkt. 42, p. 20.)
Because the parties do not dispute that a certain state's substantive law applies, the
Court will not delve any further into a "choice of law" analysis. See GBJ Corp. v.
Eastern Ohio Paving Co., 139 F.3d 1080, 1085 (6th Cir. 1998).
B. Entry of a Default Judgment Is Warranted
The damages in this case have been established and default judgment in the
amount of damages documented by Plaintiff will be entered against Defendants.
Although Federal Rule of Civil Procedure 55(b)(2) does not provide a standard to
determine when a party is entitled to a judgment by default, case law holds that the
court must exercise "sound judicial discretion" when determining whether to enter
the judgment. State Farm Bank, F.S.B. v. Sloan, No. 11-CV-10385, 2011 WL
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2144227, at *2 (E.D. Mich. May 31, 2011); 10A Charles Alan Wright & Arthur R.
Miller, Federal Practice and Procedure § 2685 (3rd ed.).
1. T h e Factors Guiding the Court's Discretion Weigh in Favor of
Entering Default Judgment
The district court's sound discretion is guided by the following factors: (1)
possible prejudice to the Plaintiff; (2) the merits of the Plaintiff's claim; (3) the
sufficiency of the complaint; (4) the amount of money at stake; (5) the possibility of
a dispute concerning material facts; (6) whether the default was due to excusable
neglect, and (7) the strong policy underlying the Federal Rules of Civil Procedure
favoring decisions on the merits. See Eitel v. McCool, 782 K2d 1470, 1471-72 (9th
Cir. 1986); see also Marshall v. Bowles, 92 F. App'x 283, 285 (6th Cir. 2004) (citing
Eitel and addressing factors (1)-(4)).
Upon consideration of these factors, the Court concludes that default
judgment is appropriate in this case. With respect to the first factor, Plaintiff and
the Class she represents would suffer prejudice were the Court to deny Plaintiffs
motion and allow Defendants to answer the complaint and effectively re-initiate
this entire law suit nearly three years after it was first filed Plaintiff and the other
class members have been waiting these three years for relief in this matter given
that Defendants never refunded the pre-paid tuition received from class members
after GCNM closed. Defendants, meanwhile, have consistently failed to respond to
any filings in this case, prolonging its litigation.
While this case has been pending, Plaintiff's Counsel has invested significant
time in its litigation, including intervening in Defendant Johnstone's bankruptcy
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proceeding in the Northern District of Illinois to prevent the discharge of Defendant
Johnstone's debt to Plaintiff and the Class she represents. Defendant Johnstone's
appeal of the bankruptcy court's decision to deny her a discharge was also
unsuccessful because she never filed an opening brief even after requesting and
being granted seven extensions.
Given Defendants' persistent non-responsiveness both here and in the
Northern District of Illinois, the record supports the conclusion that any additional
extensions would be as futile as previous ones have proven to be. Additional delay
under these circumstances would be unreasonably prejudicial to the class members.
Thus the first factor —possible prejudice to Plaintiff —clearly weighs in favor of
entering a default judgment.
The second and third factors — the merits of the claim and the sufficiency of
the complaint —also weigh in favor of entering judgment by default. The class
members pre-paid tuition for educational programs that GCNM did not ultimately
provide. That unearned tuition was never refunded, leaving class members deprived
of their funds and unable to begin or complete their degree programs. These factual
allegations are taken as true because Defendants are in default and have never
challenged Plaintiff's claims. See Cross, 441 F. Supp. at 848 ("When a defendant is
in default, the well pleaded factual allegations in the Complaint, except those
relating to damages, are taken as true.").
The remaining factors also weigh in favor of entering default judgment.
Regarding the fourth factor, while the total judgment sought is not insignificant, it
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is relatively low considering the number of class members. The fifth factor is
whether there is a possibility of a dispute as to the material facts. At the December
11 hearing, Defense Counsel suggested the possibility that some of the students
listed on the spreadsheet showing un-refunded tuition amounts (Dkt. 46) could
possibly have quit their programs or failed out of their classes, thereby calling into
question whether they were entitled to a refund. Although this argument suggests
that more than one inference could be drawn from the undisputed record showing
tuition amounts that had been received for education programs that were not
completed at the time Defendants ceased operations, it does not dispute the factual
accuracy of the un-refunded tuition amounts.
Defendants had nearly three years in which to mount a defense to Plaintiffs
claims, but made no effort to dispute the complaint until they raised this possible
inference during oral argument. Defense Counsel presented no evidence in support
of this theory, nor did be proffer the existence of such evidence. While this factor
may weigh slightly in favor of Defendants, the failure to raise this argument in a
timely manner, or to offer any evidence to support it, evens the scales between the
parties on this factor. Defendants have forfeited their right to dispute Plaintiff's
allegations by not answering the complaint or addressing that issue before now. See
Ford Motor Co., 441 F. Supp. 2d at 848.
As for the sixth factor, the Court finds no basis to conclude that Defendants'
failure to answer the complaint was the result of excusable neglect. Defendants
were served with the complaint on February 11, 2013 (Dkts. 5-6); they were given
17
4:13-cv-10.433-TGB-DIRG D o c # 47 F i l e d 01/06/16 P g 18 of 22 P g ID 632
over three months to answer it (Dkt. 13), and were represented by counsel the
entire time (Dkt. 12). Far from offering any proof of excusable neglect, Defense
Counsel merely alluded during oral argument to having experienced unspecified
personal and professional problems. Whatever these possibly genuine problems may
have been (and none of them were ever identified or explained to the Court), it is
clear that Defense Counsel was not entirely incapable of litigating this case when
he wanted to do so. Defense Counsel has appeared in Court for some contested
hearings, communicated with opposing counsel to arrange for extensions of various
deadlines, and provided discovery including financial and student records as
recently as July 15, 2015.
Unfortunately, where it mattered most, Defense Counsel did nothing.
Defendants failed to answer the complaint, offered no opposition to the motion to
certify the class, neglected to respond to the clerk's entry of default, and disregarded
the motion for entry of default judgment. An attorney's unspecified, longstanding
personal and professional problems are regrettable, but do not excuse almost three
years of non-responsiveness.
Of course, the Court could only speculate on the question whether Defense
Counsel kept his clients fully informed about the progress and requirements of this
litigation. There can be no doubt, however, that Defendants knew they were being
sued and that, if they were unsatisfied with their lawyer's performance at any point
since early 2013, they could have sought new counsel and begun to litigate this case
on its merits. Defendants, for whatever reason, have chosen not to do so. There is
18
4:13-cv-10433-TGB-DIRG D o c # 47 F i l e d 01/06/16 P g 19 of 22 P g ID 633
thus no indication on this record that either Defendants or their Counsel have given
much more than minimal attention to this litigation.8
Finally, while public policy favors resolution of cases on the merits,
Defendants and their Counsel have consistently ignored opportunities for a meritsbased resolution by refusing to respond in this matter or by seeking new counsel
willing and able to vigorously litigate this case. Defense Counsel has made an oral
request to answer the complaint nearly three years after it was filed, but could only
offer his word as reassurance that he is finally able and ready to litigate this case.
In light of the persistent non-responsiveness of Defense Counsel, both here and in
the Northern District of Illinois, Defense Counsel's word is an insufficient basis for
requiring Plaintiff and this Court to continue to try this case. "Effective judicial
administration requires that at some point disputes be treated as finally and
8Considering how Defendants prosecuted the litigation of their related bankruptcy proceedings, it is
clear that they had the capability to pursue litigation with vigor when they found it sufficiently
within their interest to do so. In that litigation, Defendants were also represented by Mr. Brian
Graham, the same Defense Counsel in this case. Defendant GCNM filed for Chapter 7 bankruptcy on
September 12, 2013 in the Northern District of Illinois. In re Global College of Natural Medicine,
Inc., No. 13-36174 (N.D. D k t . L After some delay, Defense Counsel filed a Summary of
Schedules as well as Schedules A, B, D, E, F, G, and H on December 4, 2013. Id., Dkt. 20. The
bankruptcy was closed and the Trustee discharged on March 12, 2014. Id., Dkt. 31. Defendant
Heather Johnstone also filed for Chapter 7 bankruptcy on September 12, 2013 in the Northern
District of Illinois. In re Heather A. Johnstone, No. 13-36162 (N.D. D k t . 1. On December 4, 2013,
Defense Counsel filed a Summary of Schedules and Schedules A, B, C, D, E, F, G, H, I, and J in that
proceeding. Id., Dkt. 22. Plaintiff Toler intervened and objected to Defendant Johnstone's attempt to
discharge her debt to Plaintiff and the Class on December 12, 2013. Id., Dkt. 25. On February 24,
2014, Defense Counsel filed a motion to dismiss Plaintiff Toler's complaint objecting to the discharge.
Toler v. Johnstone, Case No. 13-01398, (N.D. Ill.), Dkt. 12. Defense Counsel then filed a motion to
amend the scheduling order (Id., Dkt. 15), and answered Plaintiff Toler's complaint and filed a
counterclaim (Id., Dkt. 21). Defense Counsel also litigated discovery disputes by filing motions to
extend and motions for protective orders (Id., Dkts. 32, 38, 41) and appeared at various status
conferences and contested bearings (See id., Dkts. 76-84). After the Bankruptcy Court entered
default judgment against Defendant Johnstone on November 13, 2014 (Id., Dkt. 61), Defense
Counsel filed a motion for reconsideration on November 28, 2014 (Id., Dkt. 63). When that motion
was denied (Id., Dkt. 65), Defense Counsel appealed (Id., Dkts. 66-72). Defendant Johnstone's appeal
was dismissed on August 27, 2015 for failure to file an opening brief. Johnstone v. Toler, No. 14-cv10405 (N.D. D k t . 31.
19
4:13-cv-10433-TGB-DIRG D o c # 47 F i l e d 01/06/16 P g 20 of 22 P g ID 634
definitively resolved." 10A Charles Alan Wright and Arthur R. Miller, Federal
Practice and Procedure § 2693 (3d ed.) Considering all of these factors, they weigh
overwhelmingly in favor of entering a default judgment against Defendants.
2. Plaintiff has Established and Documented her Damages
The final issue is the measure of damages. Rule 55(3)(2) empowers the Court
to hold a hearing to determine damages, which the Court has done. At the hearing,
Plaintiff entered a class list documenting each class member, the amount each
member had paid to GCNM in tuition and fees, and whether and when each class
member completed a specific degree program. (Dkt. 46.) This data was taken from
Defendants' own records; specifically from the financial records submitted to
Plaintiffs counsel on July 15, 2015. (Id.) In total, Plaintiff has documented
$1,424,573.05 in tuition and fees paid to GCNM by class members who had not
completed their pre-paid courses of study when it closed.
As discussed above, Defense Counsel's suggestion at the hearing that some
students included in the Class List attached as Exhibit A may not have been
damaged as a direct result of GCNM's closing was not supported by any evidence. If
the legal concept of default is to have any meaning, it must at a minimum preclude
a party which has defaulted from belatedly raising arguments that should have
been raised before the default occurred and that its dilatory conduct has so clearly
waived.9 See H. F. Livermore Corp. v. Aktiengesellschaft Geb ruder Loepfe, 432 F.2d
9Any such arguments should have been raised and substantiated in a response to Plaintiff's motion
for default judgment. As noted above, Defense Counsel never filed a response even after being
granted an extension and never communicated with the Court prior to the hearing on Plaintiffs
motion. (See Dkt. 42.) By then, the deadline to file a response had long since passed. See LR
20
4:13-cv-10433-TGB-DIRG D o c # 47 F i l e d 01/06/16 P g 21 of 22 P g ID 635
689, 691 (D.C. Cir. 1970) (default judgment available only when adversary process
has been halted because of an essentially unresponsive party; diligent party "must
be protected lest he be faced with interminable delay and continued uncertainty as
to his rights.")
Defendant requested and obtained an extension of time to respond to the
motion for entry of default judgment, but nevertheless failed to file any response.
The time to raise potential arguments has passed. Where, over nearly three years,
Defendants have repeatedly demonstrated their unwillingness to meet the issue in
this case, and Plaintiff has doggedly and thoroughly followed the procedures
required to secure the entry of a default judgment, any further delay in the
resolution of this matter would not be in the interest of justice.
IV. C O N C L U S I O N
Having found that default judgment is appropriate in this case and that
Plaintiff has satisfactorily established damages, Plaintiffs motion for default
judgment (Dkt. 42) is hereby GRANTED. Default judgment is entered in favor of
Plaintiff and the individuals listed in the Class List attached as Exhibit A in the
amount of $1,422,080.05 exclusive of interest. Defendants' oral motion for leave to
answer the complaint is hereby DENIED. Judgment will be entered separately.
SO ORDERED.
siTerrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: January 6, 2016
7.1(e)(1)(B) and Fed. R. Civ. P. 6(d). "Effective judicial administration requires that at some point
disputes be treated as finally and definitively resolved." 10A Charles Alan Wright and Arthur R.
Miller, Federal Practice and Procedure § 2693 (3d ed.).
21
4:13-0/-10433-TGB-DIRG D o c # 47 F i l e d 01/06/16 P g 22 of 22 P g ID 636
C e r t i f i c a t e o f Service
I hereby certify that this Order was electronically submitted on January 6, 2016,
using the CM/ECF system, which will send notification to each party.
By: s/K. Jackson
For Case Manager Amanda Chubb
22
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 1 of 20 P g ID 637
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Last name:
Aarimi
Adams
Adenwala
Adrian
Aguilar
Aguinaga
Ahlstrom
Ahlstrom
First name:
Shirin
Hillary
Diane
Trevor
Armando
Nuni
Diane
Diane
Course
HHP/NC
NC
MH
HHP
NC
HHP
HHP
HHP/$2,480.00
Aiello
Ali
Alicea
Almadi
Annette
Y. Mohamad
Alida
Hussman
HHP MH NC
MH
HHP
HHP
Almadi
Alvarez
Amparo
Andrews
Angulo
Anyan
Aragon
Araujo
Armstead
Hussam
Anna
Araceli
Ian
Letecia
Sharon
Amparo
Juan Carlos
June
NC MH UP 100
NC
NC
MH
HHP
NC
BSHH
HHP
MH
Armstrong
Armstrong
Kurt
Cathleen
HHP MH NC
NC
Arnold
Arnold
Arteaga
Auble
Augustyniak
Avani
Averill
Azevedo
Babloo
Bach
Bahou
Baird
Jennifer
Robin
Marie
Shelly
Wanda
Parastoo
Karyl
Kathlene
Ramina
Dung
Jasmine
Andrea
HHP MH NC
NC
HHP
NC
HHP
HHP $2,480 NC U
BSHH
NC
NC
BSHH
MH
HHP
Total Institution
Charge Paid
$2,210.00
$1,615.00
$1,475.00
$2,355.00
$200.00
$2,393.00
$2,555.00
$2,575.00
$2,163.00
$1,475.00
$2,168.00
$2,488.00
$0.00
$1,595.00
$1,570.00
$1,475.00
$2,155.00
$1,475.00
$2,495.00
$2,517.00
$1,610.00
$2,093.00
$1,475.00
$2,093.00
$1,475.00
$2,480.00
$1,675.00
$2,393.00
$2,997.50
$3,020.00
$1,475.00
$1,475.00
$2,990.00
$482.50
$2,393.00
Course
Completion
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 2 of 20 P g ID 638
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Baker
Banasaz
Sarah
Lilly
NC
MH $1,580
$1,475.00
$1,765.00
Banasky
Banks
Barajas
Barandon
Ima
Parisa
Lindsey
Toni Ann
NC BSHH
HHP/NC/MH
NC
NC
$3,125.00
$2,260.00
$1,475.00
$1,475.00
Barber
Baresic
Barker
Barrett
Kenya
Sheryl
Kimberly
Sonia
HHP NC
NC
HHP
NC
$2,374.00
$1,475.00
$1,980.00
$1,208.50
Barrett
Bartlett
Bartow
Patricia
Brandi
Raeza
HHP NC
BSHH
BSHH $3,350.00
$2,528.00
$3,320.00
$3,432.50
Baxter-Jones
Beckstrom
Beckwith
Beeson
Begley
Rosalyn
Suzanne
Veronica
Amber
Janice
HHP NC
NC $1,580
NC
MH
NC
$2,359.00
$1,655.00
$1,545.00
$1,475.00
$1,545.00
Behrends
Bellamy
Victoria
Darci
HHP MH
MH
$2,393.00
$1,475.00
Benedicto
Bennett
Bennett
Benson
Roberto
Janice
Dwayne
Steven
HHP MH NC
MH
MH
HHP
$2,493.00
$1,475.00
$1,575.00
$1,440.50
Bentley
Kathleen
HHP MH NC
$2,633.00
Berge
Bergh
Berman
Berndt
Bershad
Berti
Betancourt
Betters
Bevil
Christine
Owen
Linda
Sarah
Melissa
Kell
Rachelle
Richard
Tovah
HHP/NC/MH
PhDHH/ 5375
NC
NC $1,580
NC
NC
MH
NC
MH
$2,255.00
$1,992.50
$1,475.00
$1,655.00
$1,545.00
$1,590.00
$1,475.00
$1,490.00
$1,475.00
Bezold
Barbara
HHP MH NC
$2,339.00
04.30.12 NC
HHP 4/26/2007
MH 9/5/2008
09.11.12 NC
NC 2/20/2008 MH
5/30/2012
4:13-cv-10433-TGB-DRG D o c # 47-1 Filed 01/06/16 P g 3 of 20 P g ID 639
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Bieniek
Diane
HHP MH NC
$2,493.00
NC 4/11/2007
Bikovsky
Birkhoff
Bitter
Blume
Boggs
Eran
Anne
Genevieve
Nicole
Amber
HHP MH NC
HHP
NC
HHP/NC/MH
HHP
$2,493.00
$2,575.00
$1,475.00
$2,670.00
$2,408.00
NC 8/9/2011
Boldroff
Bond
Boscolo
Boullion
Bovee
Bowerbank
Bowerbank
Boyd
Boyd
Kaylene
Michelle
Giueppe
Susan
Jacque
Katie
Katie
Robert
Christine
HHP NC
$2,043.00
NC/$1,480.00
$1,635.00
MH
$1,475.00
HHP
$2,393.00
MH
$1,475.00
HHP/ 2480 NC/ 50 $3,047.50
BSHH 2650
$2,361.50
$1,993.00
HHP
NC/ 825
$902.50
$2,493.00
Braafladt
Bradley
Bromley
Broms
Brown
Brown
Brown
Brown
Buck
Jessica
Valentina
Wendi
Rainy
Shannon
La Tanya
Jolene
Joanna
Cheryl
HHP MH NC
MH/ 1330
NC $1580
NC/$1,480.00
NC
NC/ 1585
MH $1,580
NC $1,580
HHP/ 2480
Burgess
Burke
Burnett
Burt
Burton
Burwell
Bush
Calderon
Carmichael
Carpenter
Case
Ted
Teressa
Starlynn
Jennifer
Heidi
Jennifer
Stephanie
Desiree
Michelle
Annette
Kelsey
$1,832.50
$1,660.00
$1,590.00
$1,475.00
$1,660.00
$1,655.00
$1,655.00
$2,630.00
$1,400.00
HHP NC
HHP $2,080.00
$2,555.00
$2,870.00
BSHH
NC $1,580
$1,660.00
HCA $1,580
$1,655.00
$2,878.00
HHP
HHP/ 2480 NC/ 50 $2,325.00
$2,289.00
HCA HHP
MH/$1,480.00
$1,960.00
BSHH
$3,432.50
HHP/ 2480
$2,560.00
NA
09.13.12 NC
10/12/2009
NC,11/11/2010
MH
NA
8/23/2006 NC,
1/24/2006
Withdraw HHP
NA
NA
8/20/2009 HCA,
3/26/2012 HHP
4:13-cv40433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 4 of 20 P g ID 640
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Caspe
Chabot
Chan
Chanana
Chapman
Chapman
Chappel
Chattoo
Cheng
Cheng
Cheng
Cheng
Chien
Chitalia
Christensen
Christensen
Christensen
Christine
Clark
Cohen
Cole
Collins
Judy
Penny
Marion
Anju
Patti
Ryan
Jessica
Andy
Yu-Shu
Marlyn
Ching Ying
Rita
Yu Wen
Ami
Kathyrn
Hilary
Kathyrn
Kushnatsian
Jeannine
Isabel
Sonia
Preston
BSHH
HHP/$2,380.00
$3,295.00
$2,493.00
NC 1580
NC $1,580
BSHH 3150
NC
NC
HHP
HHP
HHP
HHP NC
NC $1,580.00
NC/ 1580
BSHH
HHP/ 2480 MH/ 0
BSHH/$3,350.00
HHP 2480
MH $1,580
NC
NC/ 1330
MH/ 1580
$1,730.00
$1,655.00
$3,232.50
$515.00
$1,490.00
$2,393.00
$2,393.00
$1,993.00
$2,443.00
$1,660.00
$1,660.00
$3,432.50
$2,560.00
$3,432.50
$2,560.00
$1,655.00
$1,647.50
$1,410.00
$1,660.00
Colson
Constantinescu
Contreras
Contreras
Phyllis
Ileana
Sunshine
Celestina
BSHH $3,350
NC
NC
BSHH
$3,425.00
$1,475.00
$1,475.00
$3,290.00
$2,493.00
Cook
Cook
Cooper
Copyak
Cortez
Costa
Costanzo
Couto
Crabtree
Craig
Craig
Craig
Crescent
Crofoot (KING)
Crosby
Nancy
Ronald
Vicki
Jennifer
Sarah
Karen
Janice
Diana
Vera
Cathy
Mary
Janette
Jo
Morgan
Marissa
HHP MH NC
HHP MH NC
NC
NC
BSHH/$3,350.00
MH
NC
NC
NC
HHP
BSHH
NC
NC
NC
NC
$1,575.00
$1,475.00
$1,475.00
$3,432.50
$749.80
$1,475.00
$1,475.00
$1,475.00
$2,393.00
$3,290.00
$1,475.00
$1,475.00
$1,475.00
$1,475.00
NA
02.10.12 NC
09.10.12 NC
NA
NA
NA
NA
NA
NA
12.19.11 NC
NA
05.30.12 MH
NA
08.07.11 nc
NC 10/2/2007
NC 4/19/2007
HHP 5/11/2007
MH 6/6/2007
NC 2/9/2009
NC 10/6/2010
NC 4/9/2007
NC 11/19/2008
NC 6/3/2009
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 5 of 20 P g ID 641
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Crossley
Cruz
Cruz
Culp
Cummings
Alicia
Manuel
Molly
Chad
Heidi
NC
NC
NC
HCA
HHP MH NC
$1,675.00
$1,545.00
$1,525.00
$1,475.00
$2,268.00
Cunha
Curtis
Curtis
Curtis
Cusenza
Cutino
Daigle
Daizadeh
Dalai
Dalrae
Dalton
Dalton
Daneshmand
Daniels
Dardon
Darren
Dave
Davenport
David
David
Davies
Davis
Davis
Davis
Davis
Davis (LAINE)
Dawson
De Laurel'
Dean
Deane
DeBerry
DeGarmo
Mary
Marlene
Kay
Charlie
Romina
Shayn
Wayne
Roya
Firozi
Murray
Jennifer
Tiffany
Sean
Liz
Edgar
Kari
Amee
Dean
Everlita
Everlita
Christine
Katherine
Norma
Stephanie
Hilda
Yvonne
Ted
Adrienne
Cheryl
Tina
Deanne
Marilyn
NC
HHP MH NC
NC
BSHH $3,350
HHP
HHP
NC
NC
HHP
NC $1,580
HHP $2,480 NC U
NC 1580
MH
HHP
HHP
NC $1,580
MH
HHP
HHP MH NC
HHP MH NC
MH
HHP MH NC
NC
HHP MH NC
NC/ 1580
MH
MH
NC
NC/ 1350
HHP NC
BSHH $3,350
NC
$391.00
$2,493.00
$1,475.00
$1,672.50
$2,393.00
$2,393.00
$1,475.00
$1,535.00
$2,393.00
$1,655.00
$2,997.50
$1,675.00
$1,475.00
$2,393.00
$2,778.00
$1,410.00
$1,650.00
$1,993.00
$2,638.00
$2,638.00
$1,475.00
$2,078.00
$1,475.00
$2,598.00
$1,745.00
$1,545.00
$1,475.00
$1,575.00
$1,810.00
$2,043.00
$1,038.50
$1,475.00
Delung
Delvecchio
Demko
Denney
Kelly
Claudia
Raymond
Stephanie
HHP MH NC
MH
MH
HHP MH
$2,493.00
$1,475.00
$1,475.00
$2,443.00
NC 11/12/2008
HCA 6/17/2010
NC 9/10/2009
HHP 1/31/2007
0
NC 10/25/2007
03.14.12 NC
MH 7/8/2010
NC 7/7/2008
MH 9/5/2008
4:13-cv-10433-TGB-DRG D o c # 47-1 Filed 01/06/16 P g 6 of 20 P g ID 642
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Deoliveira
Depass-Moreno
Dergrigorian
Dermenjian
DeShay
Destigter
Defte
Dhanak
Diachenko
Dickerson-Ceconi
Dimas
Dimassa
DiNino
Dinsmore
Dionisio
Dobbins
Dobesh
Doby
Dogris
Doll
Domanchuk
Donahue
Dorris
Dorris
Doublet-Weislak
Douglas
Patricia
Renee
Derek
Gayan
Colette
Aimee
Ingrid
Minal
Zhanna
Caroline
Sheila
Rebecca
Dominic
Nikki
Meylin
Kimberly
Valerie
Greta
Julie
Margo
Nadezhda
Brianna
Lucia
Kari
Yvette
Martel
NC
BSHH
NC
NC
NC $1,580
NC
NC
NC
MH
HHP MH NC
NC
NC
HHP/$2,080.00, N
BSHH
HHP 2480
HHP MH NC
MH
HHP
NC
NC
NC/$1,480.00
HHP
NC
HHP
NC
NC
$1,525.00
$3,038.00
$1,545.00
$1,730.00
$1,660.00
$1,545.00
$1,475.00
$1,660.00
$1,400.00
$2,093.00
$1,475.00
$1,425.50
$2,210.00
$2,725.00
$2,560.00
$2,093.00
$1,545.00
$2,063.00
$1,475.00
$1,475.00
$1,575.00
$2,393.00
$1,545.00
$1,703.00
$1,475.00
$1,555.00
Douglas
Douwes
Downie
Draz-Barreras
Drover
Dubovik
Dufayet
Dulman
Dunn
Dunn
Dunn
Duran
Dyer
Eacock
Eames
Eastwood
Megan
Kim
Catherine
Dee Dee
Jan
Vo!ha
Danielle
Marina
Alison
William
Rebecca
Juan
Sarahmae
Deborah
Sara
Sally
HHP/MH
NC
NC
NC
MH
BSHH 2900
NC
HCA
NC
NC
BSHH $3,350
HHP
BSHH
HHP
NC
NC
$1,345.00
$1,236.00
$1,475.00
$1,475.00
$1,475.00
$3,062.50
$1,475.00
$1,425.00
$1,475.00
$1,475.00
$2,912.50
$2,463.00
$3,220.00
$2,393.00
$1,475.00
$1,475.00
NC 2/9/2007
NC 1/19/2007
09.06.11 NC
MH 1/14/2008
NC 4/20/2009
NC 7/12/2011
NC 6/1/2009
NC 5/22/2007
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 7 of 20 P g ID 643
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Edgington
Edmondson
Edwards
Edwards
Edwards
Eiguren
Eldredge
Ellering
Elliott
Ellis
Enders
Endsley
England
Engle
Engle
English
Ergil
Erskine
Estes
Ettemadieh
Evans
Fast
Feldman
Fenton
Field
Fisher
Flener
Flores
Folsom
Foltz
Ford
Formoso
Francis
Francisco
Frank
Franklin
Freeman
Freimantale
French
Frost
Frost
Fu
Fujiike
Analiesa
Candice
Deborah
Mary
Judith
Susan
Casey
Arlene
Aster
Sarah
Timberly
Jeanne
Ingrid
Justin
Justin
Cheyenne
Jacob
Melissa
Sharon
Emilia
Linda
Adrienne
Maya
Andrew
Ruth
Maria
Erica
Edgar
Katherine
DaneIle
Theresa
Jennifer
Darnell
Erica
Christine
Ty
Jennifer
Jam'leen
Sally
Lisa
Joanne
Karen
Nancie
NC
NC
MH
MH
NC
NC
NC
HHP
HHP MH NC
HHP/$2,380•00
HHP $2,480
MH
NC
NC
NC
NC
NC
MH
NC/$1,580.00
NC
HHP NC
BSHH/$3,350.00
NC
BSHH/$1,925.00
NC
NC
HHP
HHP MH NC
NC
NC
NC $1,580
NC
MH
HHP
HHP NC
BSHH/$3,200.00
NC
MH
NC
NC
MH
HHP
NC
$1,575.00
$1,475.00
$1,475.00
$1,475.00
$1,575.00
$1,490.00
$1,660.00
$2,378.00
$2,393.00
$2,493.00
$1,846.00
$1,545.00
$1,475.00
$1,645.00
$1,475.00
$1,475.00
$1,560.00
$1,475.00
$1,657.50
$1,475.00
$2,463.00
$3,432.50
$1,500.00
$2,390.00
$1,475.00
$1,475.00
$2,463.00
$2,193.00
$1,615.00
$1,475.00
$1,655.00
$1,455.00
$1,475.00
$2,463.00
$2,043.00
$2,468.00
$1,475.00
$1,660.00
$1,475.00
$1,475.00
$1,475.00
$2,393.00
$1,475.00
MH 4/21/2010
NC 5/20/2008
NC 2/5/2008
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
08.07.12 MH
0
0
0
0
0
N/A
0
0
0
0
0
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 8 of 20 P g ID 644
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Furman
Fuson
Gafouri
Gailliard
Galloway
Keith
Susan
Yana
Janette
Howard
NC
NC
MH
MH
MH
$1,475.00
$1,525.00
$1,475.00
$1,475.00
$1,475.00
Gandarela
Garcia
Garcia
Garcia
Gargano-Haegen
Gay
Gheta
Gibbons
Gibbs
Gilbert
Gilchrist
Gilden
Gill
Gill
Ginochio
Glassley
Gleaves
Goble
Goddard
Goddard
Goepfert
Golan
Gomez
Gomez
Gonzales
Gonzales
Gore
Gottlieb
Gray
Green
Jayne
Debra
Sharon
Imelda
Dorene
Tennee
loana
Rebecca
Gina
Alanna
Charlotte
Jessica
Aimee
Mandy
Tona
Fred
Thanya
Cathy
Robert
Bob
Randy
Liat
Ricardo
Ana
Carmen
Christine
Reenie
Dana
Nicole
Carolyn
$1,865.00
NC 1580
HHP
$2,393.00
NC
$1,475.00
HHP MH NC
$2,493.00
HHP MH NC
$2,093.00
HHP
$2,160.00
HHP/$2,480.00, N $2,695.00
HHP
$2,560.00
MH/$1,330.00
$1,422.50
NC
$1,660.00
MH $1,580.00
$1,660.00
BSHH/$1,920.00 $2,000.00
$1,475.00
NC
BSHH/$3,200.00 $1,344.00
HHP
$2,560.00
HHP MH
$1,475.00
NC/$1,580.00
$1,660.00
NC
$1,475.00
PHD combo
$10,000.00
PHDD Combo/$9, $10,000.00
HCA
$1,425.00
$1,475.00
MH
MH
$1,475.00
MH 1580
$1,660.00
NC
$1,475.00
MH
$1,545.00
NC
$1,475.00
NC
$1,545.00
HHP $2,480, NC L $3,012.50
NC
$1,545.00
Greene
Lashanda
NC
Gregg
Grizoffi
Grote
Gueldner
Gumbs
Dianna
Rose
Kelsey
Susan
Charlene
MH UP
$60.00
HHP UP/$1,013.0( $1,015.50
BSHH
$882.00
NC $1,580
$1,407.50
NC $1,580
$1,655.00
$1,575.00
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
na
08.29.12 HHP
01.17.12 NC
4:13-cv-10433-TGB-DRG D o c # 47-1 Filed 01/06/16 P g 9 of 20 P g ID 645
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Gutierrez
Hack
Hale
Halpern
Halpern
Patricia
Rose
Denyse
Karen
Kiley
NC/ 1580
MH $1,580.00
NC/$1,580.00
HHP $2,480 NC U
HHP $2,480 NC U
Hansen
Hansen
Hansen
Hansen
Dianna
Jane
Marilyn
Dianna
NC
HCN 1580
MH
NC/$1,580.00
Hanson
Hanson
Hanson
Hanson
Eric
Andrea
Deborah
Eric
NC
NC/ 900
HHP
NC/$1,580.00
Harkcom
Jade
HHP
Harris
Harris
Harris
Melissa
Mark
Melissa
HHP
NC/ 1580
HHP/$0.00
$1,660.00
$719.00
$1,675.00
$2,945.00
$2,445.00
$1,660.00
$1,585.00
$1,660.00
$1,660.00
$1,655.00
03.20.12 NC
07.24.12 NC
na
na
$900.00
$576.00
$1,655.00
$2,393.00
$0. 00
$1,675.00
$0.00
$0.00
na
MH 2/22/2007,
NC 7/18/2005,
HHP 10/5/2005
12.14.10 NC
Harrison
Hart
Hedayattzadeh
Hedley
Helscher
Hendrickson
Hethmon
Hillis-Bradford
Hirst
Ryan
Tanya
Lina
Ellie
Julie
Ryan
Marta
Diana
Chris
MH
HHP UP/$1,013.0( $1,015.50
BSHH/$3,150.00 $4,052.50
HHP $2,480 NC U $2,747.50
$1,655.00
NC $1,580
BSHH
$3,502.00
NC/$1,580.00
$1,672.50
NC/$1,580.00
$1,660.00
$200.00
NC/$200.00
Holbert
Harold
misc.
$200.00
Holcomb
Hoshimi
Housseau
Huggins
Kathleen
Nida
Catherine
Rick
HHP NC
NC $1,580
NC $1,580.00
NC
$2,289.00
$1,675.00
$1,660.00
$411.00
NC 2/7/2008
Hughes
Subhadra
MH
$1,455.00
na
Hughes
Hughes
lacob
Irvin
Ryan
Charlyn
Cristina
Janet
MH
NC/$1,480.00
NC 1580
BSHH/$2,580.00
$1,475.00
$1,660.00
$1,660.00
$2,662.50
na
09.05.12 NC
05.22.12 NC
Jackson
Jacqualyn
NC
$1,475.00
na
07.19.11 NC
4:13-cv-10433-TGB-DRG D o c # 47-1 Filed 01/06/16 P g 10 of 20 P g ID 646
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Jackson
Roland
HHP $2,480
$2,647.50
Jacobson
Jennifer
NC
$1,475.00
na
Jacobson
Jacobson
Rocky
Sophia
NC
NC $1,330.00
$900.00
$1,807.50
na
Jameson
Libby
HCA
$1,645.00
Johnson
Jolivefte
Jolley
Jones
Jorda
Jordan
Kaatmann
Sharon
Makeba
Alana
Gisele
Janell
Kevann
Kristy
HHP NC
NC
NC
NC
NC $1330
HHP $2,480
HHP/NC/MH
$2,393.00
$1,410.00
$1,475.00
$1,475.00
$1,410.00
$2,647.50
$1,937.50
$1,475.00
na
07.08.09 NC;
07.16.09 HHP
Karlan
Keene
Kiesow
Kilmer
King
Kirschenbaum
Kleinbrodt
Kochel
Koertge
Kolar
Kudevitsky
Kuhlman
Laguna
Lanzarofti
Larranga
Larson
Lawrence
Lee
Lee
Levesque
Levine
Lewis
Lewis
Lewis
Lichvarova
Angela
Karimah
Jonette
Jane
Debra
Linda
Allyson
Melissah
Lynne
Sandhya
Elena
Kristine
Janette
Tiffany
Catalina
Tielle
Dolly
Jamie
Jean
Joseta
Letitia
Deborah
Cynthia
Pam
Elza
HHP NC
HHP/ 1125
MH 1580
NC $1580
HHP MH NC
HHP/$2,380.00, M
NC/$1,580.00
NC 1330
HHP/$2,380.00
NC/ 1580
BSHH
MH
HHP
BSHH/$3,350.00
HHP MH NC
NC 1580
NC/$1,580.00
NC
NC
NC $1,580
NC/$1,580.00
HHP
BSHH
NC/$1,380.00
HHP 2480
$1,202.50
$1,660.00
$1,660.00
$2,633.00
$2,678.00
$1,672.50
$1,425.00
$2,493.00
$1,660.00
$3,120.00
$1,660.00
$2,562.50
$3,432.50
$2,339.00
$1,660.00
$2,045.00
$1,475.00
$1,475.00
$2,045.00
$1,660.00
$2,393.00
$3,220.00
$1,475.00
$2,677.50
06.29.09 NC
05.21.09 NC
05.15.06 NC;
05.01.08 HHP
N/A
03.21.11 NC
N/A
N/A
09.18.07 NC;
07.30.10 MH &
HHP
N/A
N/A
11.29.11 NC
N/A
N/A
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 11 of 20 P g ID 647
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Liddicoat
Linder
Linke
Lofton
Lofton
Logan
Logue
Lopez
Lopez
Lorenz
Lucas
Lundquist
Vicki
Elizabeth
Sandra
Brittany
Andrea
Anna
Tonnee
Heidy
Edwin
Amber
Ruthann
Danielle
HHP $2,080.00
HHP $2,480
NC/$1,580.00
NC
MH
NC 1580
NC 1580
NC/$1,480.00
HHP/$2,480.00
BSHH
MH/$825.00
HHP $2,480.00, N
$2,560.00
$2,555.00
$1,660.00
$1,675.00
$1,675.00
$1,745.00
$1,660.00
$1,682.50
$2,945.00
$1,894.50
$902.50
$2,612.50
Lustig
Luzardo
Ly
Mackay
Magusin
Malaguit
Mann
Matik
Mayhew
McAdam
McGee
McKendrick
Mckinnon
McKinnon
McLaughlin
Medina
Medina
Melendy
Merritt
Merritt
Meza
Michelle
Miranda
Nufar
Ngoc
Jessica
Shannon
Deborah
Mizpah
Elizabeth
Heather
Jill
Ashley
Ashly
Amy
Scott
Alexis
Stephanie
Laura
Jose
Gigi
Hanne
Hanne
Johana
Cleveland
Luz
NC 1330
$1,405.00
HHP/ 2480
$2,560.00
HHP $2,480
$2,555.00
BSHH $3,350
$3,502.50
HHP/$2,480, MH L. $2,312.50
NC
$590.50
MH/$1,330.00
$1,410.00
MH $1,580
$902.50
NC 1330
$1,550.00
HHP $2,480.00
$2,555.00
NC/$1,580.00
$1,660.00
PhDDHH Combo $2,537.00
HHP
$2,393.00
HHP $2,480
$2,555.00
NC/ 1580
$1,660.00
NC
$1,475.00
HHP $2,480.00, N $2,662.50
NC $1,330.00
$1,407.50
NC
$1,575.00
NC/$1,480.00
$1,590.00
MH/ 1400
$1,545.00
MH/BSHH
$4,931.50
NC
$1,475.00
Miranda
mogyorodi
Rainier°
veronika
HHP
Moller
Monson
Montgomery
Moody
Rebekah
Albert
Charlene
Linda
$1,846.00
BSHH/$3,200.00 $3,320.00
$2,493.00
HHP MH NC
HHP $2,480.00
$2,560.00
HHP $2,480.00
$1,315.00
NC/$1,580.00
$1,660.00
03.07.12 NC
08.14.12 MH
NA
NA
NA
NA
NC 6/27/2011
HHP 1/3/2012
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 12 of 20 P g ID 648
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Moran
Moreno
Morey
Morgan
Moriarty
Morin
Morovati
Morris
Aaron
Adela
Joyce
Michelle
Edward
Carmen
Hilda
Brandy
BSHH/ 3350
NC
NC
MH
MH $1,580.00
NC
NC
NC
Morrison
Morse
Moses
Mouneu
Mueller
Roza
Roberta
Nicole
Rebecca
Suzanne
BSHH
NC
NC
BSHH $2,925.00
MH
Muggee
Muir-Ulm
Mullen
Muncie
Murphy
Mussel!
Mutter
Sondra
Lori
Kimberly
Jenny
Gloria
Kathryn
Erin
HHP MH NC
NC
NC
NC
HHP
NC
NC
Myers
Myre
Naghshineh
Nakatomi
Nalbandian
Nassiri
Navario
Navarro
Nazario
Neely
Neiers
Nelson
Nesis
Nesis
Susan
Jessica
Dar
Barbara
Natalie
Mushgan
Lana
Cindy
Lana
Luke
Andrea
Adam
Felicia
Parish
Newington
Ng
Ngo
Nguyen
Betsy
Selina
Anh
Thuy-Truong
HHP MH NC
$1,475.00
NC
MH $1,580
$1,660.00
$1,475.00
NC
$1,545.00
NC
NC $1,580
$1,730.00
$1,675.00
MH
HHP/ 2480 NC/ 50 $3,027.50
MH/$1,580.00
$1,675.00
$2,418.00
HHP
$2,393.00
HHP
HHP $2,480
$2,177.50
$1,287.00
HHP
HHP/$2,380.00
$1,287.00
$2,233.00
HHP MH NC
$1,475.00
MH
$3,290.00
BSHH
NC
$975.00
$5,115.00
$1,475.00
$1,455.00
$1,860.00
$1,655.00
$1,545.00
$1,545.00
$1,545.00
$3,290.00
$1,660.00
$1,475.00
$3,007.50
$1,475.00
$2,339.00
$1,475.00
$757.00
$1,475.00
$1,993.00
$1,545.00
$1,475.00
$2,493.00
NC 9/14/2009 MH
3/13/2012
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 13 of 20 P g ID 649
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Nino
Njeri
Norquist
Nancy
Qutina I
Veronica
NC
HCA
NC
$1,475.00
$1,660.00
$1,435.00
Norton
Nylund
Oates
Julie
Tracy
Sarah
HHP MH NC
MH
NC/ 1330
$2,493.00
$1,475.00
$1,407.50
Obayani
O'Connor
Oft
Oh
Olsen
Inliss
Una
Alloy
Young
Kathy
HHP MH NC
NC $1,580.00
HHP
NC
MH/$1,325.00
$2,093.00
$2,070.00
$2,408.00
$1,475.00
$1,405.00
Onyeagocha
Ada
ONYEAGOCHA MEADA
$3,425.00
BSHH
BSHH/$3,350.00 $3,425.00
O'pry
Ores
Ortega
Osborn
Oshea
°Shea
Ossana
Ostoya
Ostrovski
Oswald
Valerie
Nancy
Cindy
David
Jennifer
Jennifer
Will
Susan
Debi
Maria Olga
MSHH combo
HCN$1,580.00
NC
NC $1,580
HHP
HHP/$2,480.00
NC
MH
NC
NC
$5,450.00
$1,655.00
$1,475.00
$1,655.00
$2,555.00
$2,585.00
$1,545.00
$1,475.00
$1,500.00
$1,380.00
Otiko
Otto
Overton
Overzet
Packett
Celeste
Charlene
Virginia
Darlene
David
HHP NC
BSHH
NC
HHP
MH
$2,443.00
$3,282.50
$1,475.00
$2,393.00
$1,475.00
Palermo
Papoulias
Marie-Noelle
Monica
HHP MH NC
HCA $1,580
$2,163.00
$1,655.00
Paradise
Paris
Parker
Jessica
Juliette
Angela
HHP MH NC
HHP 2480
NC $1,580
$2,508.00
$2,630.00
$1,660.00
Parks
Darryl
BSHH MSHH
$4,390.00
12.16.11 MH
NC 519/2011 MH
11/30/2011
05.03.11 NC;
11.29.11 MH
11.30.11 MH
HHP, NC, MH
2/8/2011
4:13-cv-10433-TGB-DRG D o c # 47-1 Filed 01/06/16 P g 14 of 20 P g ID 650
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Parks
Parrino
Parsek
Pastel
Patrick
Patterson
Patterson
Paulsen
Pautova
Peach
Pedro
Pekarek
Pekarek
Perez
Perez -Romero
Perkins
Perry
Darryl
Joe
Andrea
Chandra
Lezahlee
Jennifer
Therese
Monefte
Galina
Shannon
Tonia
Nina
Nina
Araceli
Sonia
Kirstin
Colin
BSHH/$3,050.00, I $4,390.00
$1,475.00
NC
HCN$1,580.00
$1,675.00
$1,675.00
NC 1580
NC/ 1580
$1,745.00
$1,545.00
NC
NC/$1,580.00
$1,670.00
NC
$1,475.00
NC
$1,475.00
HHP
$0.00
$2,393.00
HHP
$2,478.00
HHP
HHP/$1,980.00
$2,478.00
NC
$1,475.00
NC $1,580
$1,655.00
$2,770.00
BSHH
$1,475.00
MH
Peruch
Janet
HHP NC
$2,289.00
Petersen-Smith
Peterson
Michelle
Karla
HHP MH NC
BSHH
$2,493.00
$3,220.00
$2,463.00
Petralli
Phan
Genita
Jimmy
HHP MH NC
MH
Phillips
Josh
MH BSHH
$1,560.00
$3,900.00
$2,493.00
Pichinte
Piland
Pinales
Pinter
Piper
Pirson
Plance
Plowden
Pohl
Poland
Poore
Mytee
Sheryl
Efren
Anne-Marie
Kelly
Laurie
Stacy
Kristina
Claudia
Susanne
William
Powell
Powels-Bryant
David
Debra
HHP MH NC
HHP/$2,480.00
BSHH/ 3350
HHP
MH
NC $1,580
NC 1580
BSHH
HHP
NC
HHP
HHP NC MH
$2,945.00
$5,323.50
$2,463.00
$1,475.00
$1,730.00
$1,660.00
$3,175.00
$2,393.00
$1,475.00
$1,455.00
$2,493.00
MH
$1,475.00
08.06.11 HCA
08.26.12 NC
03.15.11 NC
NC 6/29/2006
HHP 7/5/2006
4:13-cv-10433-TGB-DIRG D o c # 47-1 Filed 01/06/16 P g 15 of 20 P g ID 651
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Poynor
Prado
Prakash
Pratt
Prince
Pullos
Qi
Quijano
Radis
Rafael
Rahm
Raisner
Ramirez
Raubitschek
Ray
Recalde
Valerie
Nereida
Rishan
Jana
Dana
Faye
Yanbin
Vera
Kathy
Maria
Jamie
Arlene
Alejandro
Arman
Jennifer
Resa
Rechenmacher
Rechtschaffen
Sandi
Lauralee
Redivo
Reed
Reid
Reiss Cain
Relucio
Renderos
Rendler-Kaplan
Reynolds
Rheinstein
Rhody
Ricci
Richards
Rickertsen
Melody
Julienne
Shyla
Tanya
Michael
Nelly
Lucy
Cynthia
Allah
Jennifer
Deann
Patricia
Linda
Riemer
Cynthia
NC
NC
MH
BSHH $2,550.00
NC
NC
HHP
NC $1,580
HHP
BSHH
NC
HHP/$2,480.00, N
MH/$1,480.00
NC/$1,580.00
HHP
NC
HHP MH NC
$1,475.00
$1,475.00
$1,475.00
$2,625.00
$1,475.00
$1,475.00
$1,993.00
$1,655.00
$2,393.00
$3,290.00
$1,475.00
$2,605.00
$1,575.00
$1,657.50
$1,993.00
$853.00
$200.00
NC
$1,475.00
$2,
NC HHP
NC
NC
HHP
BSHH
BSHH
NC
HHP $2,480
HHP $2,480 NC U
NC
NC
MH
NC
HHP NC
$1,500.00
$1,475.00
$2,393.00
$2,632.50
$1,142.00
$1,475.00
$2,555.00
$2,612.50
$1,475.00
$1,475.00
$1,475.00
$1,475.00
$2,458.00
HHP NC MH
Rizke
Roades
Robbins
Ralda
Mary
Tamara
Roberts
Robins
Robinson
Lynn
Delia
La tonia
NC
HHP
HHP NC MH
MH
HHP
$2,093.00
$1,475.00
$2,393.00
$2,908.00
$1,475.00
$2,463.00
03.30.12 NC
10.27.10 MH
12.28.10 NC
HHP MH NC
9/21/2006
NC 4/14/2009
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 16 of 20 P g ID 652
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Robinson
Jennifer
Rodriguez
Ericka
Rodriguez-Reimanr Dolores
Rogers
Terri
Rogers
Keeley
Romaine
Ali
Romano
Amy
Rooney
Bari
Rosenberg
Gary
Rosiak
Linda
HHP NC
NC
NC/$1,580.00
NC
NC
MH/ 825
NC
NC
MH/$1,580.00
NC
$2,945.00
$1,475.00
$1,660.00
$1,475.00
$1,475.00
$1,290.00
$1,475.00
$1,475.00
$1,660.00
$1,675.00
Rosiak
Ross
Rossi
RoteIla
Roth
Roumelis
Rousseau
Rozier
Ruiz
Ruiz
Ruiz
Russell
Russell
Sabo
Saini
Salanitro
Salanoa
Salazar
Sales
Samonte
Sanborn
Sanchez
Sanchez
Linda
Candace
Heather
Brianna
Kathryn
Marilyn
Gwen
Raven
Jennifer
Gabby
Candice
Scott
Jennifer
Sarah
Pararnjot
Laura
Lisa
Armando
Megan
Ruth Emily
Kirstin
Ludis
Christina
BSHH
HHP
HHP/ 2485
HHP
NC
NC $1330
HHP/$2,380.00
HHP 2080
NC
BSHH $3,350
BSHH $3,350
HHP
unsigned
BSHH
NC/$1,330.00
MH
NC
NC
NC
NC
NC
MH $1,305
BSHH/$3,100.00
$2,775.00
$1,993.00
$2,560.00
$810.00
$1,307.50
$1,410.00
$2,503.00
$2,160.00
$1,475.00
$3,502.50
$2,832.50
$2,393.00
$2,420.00
$3,232.50
$1,425.00
$1,475.00
$1,475.00
$1,475.00
$1,475.00
$1,560.00
$1,475.00
$1,410.00
$429.00
Sanchez-Ayala
Sanguinetti
Sasser
Keila
Wendy
Otis
HHP/NC/MH
NC
MH
HHP NC MH
$1,270.00
$1,475.00
$1,475.00
Saunders
Sauvignon
Sauz
SaveIla
Sawicki
Tatiana
Christine
JaneIle
Christine
Nira
NC
HHP $2,080.00, N
NC
NC
$2,493.00
$1,475.00
$2,210.00
$1,475.00
$599.75
01.30.12 NC
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 17 of 20 P g ID 653
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Sawinski
Scanlan
Robert
Nancy
MH $1,580
NC
HHP NC MH
Schirmer
Schmidt
Bonnie
Liane
Schneider
Schow
Schular
Brian
Janet
Robert
Schultz
Susan
Schultz
Schwartz
Sclare
Scott
Scott
Seibert Anderson
Seidenglanz
Seitz
Semrow
Sequeira
Shaghaghi
Shaghaghi
Samantha
Mindy
Debra
Ryan
Nicole
Tammy
Danielle
Kevin
Robert
Carlos
Melody
Melody
PhDHH Combo
HCA
NC 1330
MH
NC/$1,376.00
NC/$1,580.00
HHP/$2,380.00, M
BSHH/$3,350.00
HCA 1330
BSHH $3,350
HHP
HHP/$2,080.00
$8,925.00
$1,675.00
$1,480.00
$1,475.00
$1,541.00
$1,847.50
$2,978.00
$3,432.50
$1,422.50
$3,605.00
$2,175.00
$2,175.00
Sharif
Shaw
Shepard
Shepard
Simesso
Sirnesso
Sims
Sjostrom
Smith
Snowden
Sosa
Sosa
Speiss
Sperry
Spyres
Spyres
Steadman
Sterling
Dalia
Eileen
Donna
Carol
Anna
Anna
Donald
Chelsa
Samuel
Wendy
Carlos
Xochitl
Beverly
Sheridan
Justin
Justin
Michelle
Lila
NC 1580
NC 1580
HHP MH NC
BSHH/$3,350.00
HHP
HHP/$2,080.00
NC $1,580
NC/$1,580.00
BSHH $3,350
NC/$1,480.00
BSHH 2850
BSHH 3350
BSHH/HCA 2825
NC/$1,580.00
BSHH
BSHH/$2,650.00
BSHH/$2,780.00
NC 1580
$239.00
$1,675.00
$2,493.00
$3,552.50
$2,160.00
$2,160.00
$1,002.00
$1,657.50
$3,425.00
$1,590.00
$1,168.50
$1,332.50
$2,907.50
$1,675.00
$2,785.00
$2,785.00
$2,900.00
$1,765.00
NC
HHP NC MH
MH
HHP
HHP NC MH
$1,655.00
$1,475.00
$2,339.00
$1,475.00
NC 7/9/2007
$2,493.00
$1,475.00
$2,393.00
$2,093.00
NA
NA
NA
NA
08.15.10 NC
08.03.11 NC
NA
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 18 of 20 P g ID 654
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Stone
Street
Strickland
Stroyer
Sweeney
Tabucan
Tadlock
Takeda
Tam
Tam
Tanlui lp
Tanner
Tanza
Taon
Taubodo
Tayeb
Sabrina
Elizabeth
Linda
Amber
Denise
Maria
Magdelena
Yoko
Rebecca
Rebecca
Louisa
Mary
Rosita
Azucena
Jennifer
Hanan
NC
MH/ 1580
BSHH/ 3350
NC/$1,330.00
BSHH/$2,950.00
NC $1,580
HHP/$2,480.00, N
BSHH $3,350
HHP
HHP/$2,380.00
HHP 2480
NC $1,580
HHP BSHH
NC $1,580
HHP MH NC
HHP/NC
$1,660.00
$2,060.00
$3,432.50
$1,422.50
$3,032.50
$1,660.00
$2,662.50
$3,425.00
$2,508.00
$2,508.00
$2,575.00
$1,655.00
$0.00
$1,850.00
$2,503.00
$2,210.00
Taylor
Teeguarden
Terry
Tew
Thackham
Thackham
Thiel
Thomas
Thomas
Thompkins
Thompson
Thurman
Tia
Ashley
Lucky
Kimberly
Laura Kay
Kathleen
Kathleen
Luisamelia
Cheryl
Liana
Elijah
Jennifer
Nicole
Franklin
HHP
MH
HHP/NC/MH
NC
HCA $1,405
HHP/$2,380.00, M
NC
NC
BSHH/$3,350.00
HHP
NC
NC
NC
$2,555.00
$411.00
$605.50
$1,475.00
$1,407.50
$2,598.00
$1,475.00
$1,475.00
$3,432.50
$2,393.00
$1,475.00
$1,660.00
$1,660.00
Tinnesen-Tebeau
Tishner
Tjakra
Torres
Totten
Totten
Tran
Treadway
Trifilo
Trinidad
Trinidad
Triplett
Tucker
Sandra
Ken
Emily
Kim
Melisa
Melisa
Khoa
Stephan
Nancy
Jose
J Humberto
Tiffany
Karli
NC
HHP
HHP NC MH
NC
HCA
HCN$200.00
$1,670.00
$2,393.00
$2,093.00
$1,475.00
$200.00
$155.00
0
0
0
0
MH
$1,475.00
0
HHP MH
NC
NC
NC/$1,580.00
NC 1580
HHP
$2,043.00
$1,475.00
$1,655.00
$1,657.50
$1,660.00
$1,993.00
0
0
0
02.08.12 NC
NA
7/28/2010 HHP
1/14/2008 HHP
0
12.23.10 NC
12.23.11 NC
0
0
0
0
4:13-cv-10433-TGB-DRG D o c # 47-1 Filed 01/06/16 P g 19 of 20 P g ID 655
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
Tud
Tupolo
Tyhulski
Uht
Underwood
Van Often
Vandborg
VandenHeuvel
Vargas
Veenstra
Vega
Velazquez
Vera
Verdekal
Verdun
Vernado
Vo
Vu
Wakelee
Walker
Wallace
Walsh
Walsh
Wang
Warner
White
White
White
Whitney
Wickersham
Wilson
Winters
Wisniewski
Wofford
Woodward
Yeager
Yuen
Janice
Willie
Lisa
Maria
Katherine
Michelle
Angela
Annie
Katrina
Lauren
Coralyn
Andreima
Jennifer
Beth
Tina
Tera
Jerry
Binh
Ardis
Shelley
Alexander
Joan
Michelle
Jay
Chrystal
Joel!
Tyler Merrill
Kimaada
Tracey
Tatiana
Kaitlyn
Kimberly
Jeanne
Matthew
Anne
Jeannie
Raymond
$1,475.00
MH
$1,475.00
MH
NC $1,580
$1,410.00
$1,475.00
NC
MH
$1,475.00
HHP
$2,393.00
NC
$1,545.00
NC/$1,480.00
$1,575.00
NC
$956.00
MH $1,330.00
$1,410.00
BSHH
$3,220.00
NC/ 1580
$2,045.00
MH
$1,475.00
HHP MH NC
$1,980.00
NC
$1,475.00
MH
$1,475.00
NC $1,580.00
$1,660.00
MH
$1,475.00
NC
$1,475.00
NC
$1,475.00
MH
$1,475.00
HHP
$2,393.00
PhDHH Combo
$3,132.50
MH
$1,475.00
HHP/$2,480.00
$2,575.00
HHP
$2,463.00
NC
$1,475.00
BSHH
$745.00
NC $1,580
$1,407.50
NC $1,580
$1,655.00
NC
$1,560.00
BSHH/$3,000.00, I $5,945.00
HHP
$2,560.00
NC/$1,380.00
$1,490.00
NC $1,580
$1,655.00
MH/$1,580.00
$1,675.00
NC
$1,675.00
0
0
Zirkle
Zupan
Karen
Lisa
NC, HHP
NC/$825.00
12.17.07 NC
1/6/2011 NC;
05/23/11 BC
$2,289.00
$902.50
0
0
0
0
NC 2/15/10
0
0
0
0
0
0
0
0
0
0
N/A
N/A
N/A
08.27.08 MH
4:13-cv-10433-TGB-DRG D o c # 47-1 F i l e d 01/06/16 P g 20 of 20 P g ID 656
TOLER V. JOHNSTONE AND GCNM
CLASS LIST
ITotal: 1 $ 1 , 4 2 2 , 0 8 0 . 0 5