Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

DECLARATION of Phillip A. Geraci regarding memorandum in support of motion 92, motion to dismiss 91

Interested in this case?

Current View

Full Text

Case: 1:16-cv-05198 Document #: 93 Filed: 03/30/18 Page 1 of 4 PageID #:1567 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiff, No. 1:16-CV-05198 v. Hon. Jorge L. /Mons° DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, PATRICK J. UNZICKER, and TIMOTHY J. WIGGINS, Defendants. DECLARATION OF PHILLIP A. GERACI IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE THIRD AMENDED COMPLAINT I, PHILLIP A. GERACI, declare: Introduction 1. I am an attorney with the law firm of Arnold & Porter Kaye Scholer LLP and represent defendants Adtalem Global Education Inc. f/k/a DeVry Education Group, Inc., Daniel Hamburger, Richard M. Gunst, Patrick J. Unzicker, and Timothy J. Wiggins (collectively, "Defendants") in the above-captioned action. I submit this declaration in support of Defendants' Memorandum of Law in Support of Their Motion to Dismiss the Third Amended Complaint. Exhibits 2. Attached as Exhibit A is a true and correct copy of portions of DeVry Education Group Inc.'s Fiscal Year 2016 Annual Report filed on Form 10-K with the United States Securities and Exchange Commission ("SEC") on August 25, 2016. Complete copies of all of Case: 1:16-cv-05198 Document #: 93 Filed: 03/30/18 Page 2 of 4 PageID #:1568 the SEC filings attached are available on the SEC's EDGAR website: https://www.sec.gov/edgar/searchedgar/companysearch.html. 3. Attached as Exhibit B is a true and correct copy of portions of DeVry Education Group Inc.'s Fiscal Year 2014 Annual Report filed on Form 10-K with the SEC on August 27, 2014. 4. Attached as Exhibit C is a true and correct copy of portions of DeVry Education Group Inc.'s Fiscal Year 2013 Annual Report filed on Form 10-K with the SEC on August 29, 2013. 5. Attached as Exhibit D is a true and correct copy of the Complaint for Permanent Injunction and Other Equitable Relief, FTC v. DeVry Education Group, et al., 16-CV-00579 (C.D. Cal.), ECF No. 1, filed by the United States Federal Trade Commission ("FTC") on January 27, 2016. 6. Attached as Exhibit E is a true and correct copy of the Notice of Intent to Limit by the United States Department of Education, dated January 27, 2016. 7. Attached as Exhibit F is a true and correct copy of the Stipulation as to Entry of Order for Permanent Injunction and Monetary Judgment, filed as Exhibit 10.1 to DeVry Education Group Inc.'s Current Report filed on Form 8-K with the SEC on December 15, 2016. 8. Attached as Exhibit G is a true and correct copy of DeVry Education Group Inc.'s Current Report filed on Form 8-K with the SEC on October 13, 2016. 9. Attached as Exhibit H is a true and correct copy of Adtalem Global Education Inc.'s Fiscal Year 2017 Annual Report filed on Form 10-K with the SEC on August 24, 2017. 2 Case: 1:16-cv-05198 Document #: 93 Filed: 03/30/18 Page 3 of 4 PageID #:1569 10. Attached as Exhibit I is a true and correct copy of the FTC's Opposition to Defendants' Motion to Dismiss, FTC v. DeVry Education Group, et al., 16-CV-00579 (C.D. Cal.), ECF No. 26, filed by the FTC on April 4, 2016. 11. Attached as Exhibit J is a true and correct copy of the Massachusetts Attorney General's Office Press Release entitled "AG Healey Secures $455,000 in Refunds for Students Deceived by Online For-profit School," dated July 5, 2017. 12. Attached as Exhibit K is a true and correct copy of the Assurance of Discontinuance pursuant to M.G.L. Chapter 93A, § 5, In the Matter of Devry University, Inc., 17-2073H (Mass. Sup. Ct.), filed on June 30, 2017. 13. Attached as Exhibit L is a true and correct copy of the October 25, 2011 DeVry Press Release entitled, "DeVry Inc. Announces First-Quarter 2012 Results" filed as Exhibit 99.1 to the DeVry Education Group Inc.'s Current Report filed on Form 8-K with the SEC on October 25, 2011. 14. Attached as Exhibit M is a true and correct copy of portions of DeVry Education Group Inc.'s Fiscal Year 2012 Annual Report filed on Form 10-K with the SEC on August 28, 2012. 15. Attached as Exhibit N is a true and correct copy of portions of DeVry Education Group Inc.'s Fiscal Year 2011 Annual Report filed on Form 10-K with the SEC on August 26, 2011. 16. Attached as Exhibit 0 is a true and correct copy of portions of DeVry Education Group Inc.'s Fiscal Year 2010 Annual Report filed on Form 10-K with the SEC on August 25, 2010. 3 Case: 1:16-cv-05198 Document #: 93 Filed: 03/30/18 Page 4 of 4 PageID #:1570 Conclusion I declare under the penalty of perjury that the foregoing is true and correct. Dated: March 30, 2018 New York, New York By: Phillip A. Geraci 4