Pearson v. Walden University

144 F. Supp. 3d 503, 2015 U.S. Dist. LEXIS 147641, 2015 WL 6619981
District Court, S.D. New York·Decided October 30, 2015·No. No. 13-CV-7840 (KMK)·Published·Cited by 7 cases

Opinion

[505] OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Plaintiff Marcia Pearson (“Plaintiff’) brings this pro se action alleging that “due to [the] negligence of faculty and staff’ employed by Defendant Walden University (“Defendant” or “University”), she “incurred student loan[ ] debt of $203,035.34.” (Am. Compl. ¶ III.C (Dkt. No. 15).) Plaintiff seeks one million dollars in damages “for pain, suffering, and loss of work.” (Id. ¶ V.) Defendant moves to dismiss Plaintiffs Amended Complaint. (Dkt. No. 20.) For the foregoing reasons, Defendant’s Motion is granted in part and denied in part.

I. Background

A Factual Background

The Court accepts the following facts as true for the purpose of resolving the pending Motion. Defendant, headquartered in Minneapolis, Minnesota, is an online, for-profit degree-granting university that requires its doctoral students to complete coursework known as Knowledge Area Modules (“KAMs”) before beginning the dissertation-writing process. (See Am. Compl. ¶ I.B); Pl.’s Affn in Opp’n to Mot. (“Pl.’s Affn”) at unnumbered 2 (Dkt. No. 23); see generally Am. Compl. Ex. B (KAMs Handbook). The completion of KAMs is contingent on the approval of student work by a “University Research Reviewer” (“URR”). (See Am. Compl. ¶ III.C; see generally id. Ex. B.) According to Plaintiff, the “[d]octoral programs that require ... KAMs[ ] use a continuous enrollment model, in which[] the registrar’s office automatically registers students each term[,]” such that students have to “pay tuition continuously ... until the time they graduate, request a leave of absence, or withdraw from the university.” (Pl.’s Opp’n to Mot. To Dismiss (“Pl.’s Opp’n”) at unnumbered 3 (Dkt. No. 25).)1

Plaintiff, a resident of Valley College, New York, was enrolled as a student at the University between September 6, 2005, and August 25, 2013. (See Am. Compl. ¶ III.B.) Plaintiff maintains that she “mostly maintained a 4.0 grade point average and adhered to [the] Walden University Student Handbook[,] ... graduating] with a grade point average of 3.90.” (PL’s Opp’n at unnumbered 1.) Plaintiff alleges that, upon enrollment, she was told by an unspecified member of the University staff that “after a few classes of coursework,” she “would have to write two KAMs and that [she] was almost finish[ed].” (Id. at unnumbered 4.) It ultimately took Plaintiff eight years to receive her degree, and in the process she “incurred student loan[] debt of $203,035.34.” (Am. Compl. ¶ III.C.)2

[506] More specifically, Plaintiff alleges that her KAMs, which “students must complete ... before starting the dissertation process,” took two years to finish. (Id.) Further, Plaintiff contends that her dissertation proposal took three years to write because her “former mentors[ ] would not read her work” until the proposal was complete, and one of her mentors “advised that [she] rewrite [the proposal] if [she] wanted to work with him.” (Id.)3 Plaintiff contends that the delay cost her $39,200 in tuition. (Pl.’s Opp’n at unnumbered 4.) Finally, Plaintiff alleges that she was told in an April 30, 2013 email that the URR had until May 13, 2013 to review her work, which was necessary before Plaintiff “could proceed to the next step of the dissertation process, the Form and Style review.” (Am. Compl. ¶ III.C.) Plaintiff alleges that the URR completed his review 3 days late, on May 16, 2013, (id.), and that throughout this time, the URR was “unprofessional, unavailable, and uncommunicative by refusing to respond to e-mails and telephone calls sent by the Office of Student Research Administration, ... [Plaintiffs mentor and committee members, and ... [P]laintiff herself,” which was inconsistent with Defendant University’s policies, (PL’s Opp’n at unnumbered 2).4 Plaintiff claims that the delay cost her $163.00 in “continuous enrollment tuition,” as well as “nervousness, anxiety, fear, and stress.” (Id.)

Throughout this time period, Plaintiff claims that University faculty and staff exhibited a “lack of timely response and feedback,” attributing her debt to their lack of diligence. (Am. Compl. ¶ III.C.) Plaintiff also claims that, in general, Defendant “fail[ed] to disclose all pertinent information about KAMs” and “to facilitate, guide, and evaluate student learning and professional development necessary for [P]laintiff to meet her academic objectives[,] such as to graduate in a timely manner.” (PL’s Opp’n at unnumbered 4.)

B. Procedural History

Plaintiff commenced this Action against Defendant on November 4, 2013. (Dkt. No. 2.) Following a pre-motion conference held on July 25, 2014, (see Dkt. (minute entry for July 25, 2014)), Plaintiff filed an Amended Complaint on July 30, 2014. In it, Plaintiff requested that the “Court ... investigate the practices and policies of Walden University’s money[-]making tactics targeting poor and minority students who incur high student loan debts leading to poverty, depression and poor health.” (Id. ¶ V.) In her Opposition, however, Plaintiff for the first time made clear that she wished to allege claims for “negligence and breach of contract.” (PL’s Opp’n at unnumbered 2.)

Plaintiff filed a motion for the appointment of pro bono counsel on July 30, 2014, (Dkt. No. 14), which the Court denied on November 10, 2014, (Dkt. No. 26). The Court also held a second pre-motion conference on September 19, 2014, (see Dkt. (minute entry for Sept. 19, 2014)), at which it adopted a briefing schedule, (Dkt. No. 19). In accordance with that schedule, Defendant filed its Motion To Dismiss and [507] supporting papers on October 2, 2014. (Dkt. Nos. (See Pl.’s Opp’n at unnumbered 2; PL’s Aff n at unnumbered 2.) 20-22, 24.) Plaintiff preemptively filed an Affirmation in Opposition on September 25, 2014, (Dkt. No. 23), and then filed a second Opposition on October 16, 2014, (Dkt. No. 25).5 Defendant filed its Reply on November 11, 2014. (Dkt. No. 27.)

II. Discussion

A. Standard of Review

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Pearson v. Walden University, 144 F. Supp. 3d 503, 2015 U.S. Dist. LEXIS 147641, 2015 WL 6619981 (S.D.N.Y. 2015).

144 F. Supp. 3d 503 (Pearson v. Walden University) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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