Murphy v. Capella Education Company, No. 1:2013cv00655 - Document 24 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION re: Deft's Motion to Dismiss. Signed by District Judge Claude M. Hilton on 10/04/13. (pmil)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA L Alexandria Division l(j MELVIN MURPHY, Plaintiff, i Civil Action No. v. L OCT-4 2013 P) CLERK, U.S. DISTRICT COURT ALEXANDRIA, VIRGINIA l:13-cv-655 CAPELLA EDUCATION CO.,INC., Defendant. MEMORANDUM OPINION THIS MATTER comes before the Court on Defendant Capella Education Company's Motion to Dismiss Plaintiff Melvin Murphy's amended complaint, pursuant to Fed. R. Civ. P. 12(b)(6). This Court granted Defendant's Motion to Dismiss Plaintiff's initial complaint on July 25, 2013, for failing to state a claim of fraud under the Virginia Consumer Protection Act ("VCPA"), Va. Code. § § 59.1-96 et seq. This Court allowed Plaintiff to file an amended complaint, which is at issue here. Plaintiff enrolled in Defendant's Ph.D. program in organization and management in 2009. He sat for a comprehensive written exam in 2011, and failed it. He took a remedial writing course and sat for the exam a second time - failing it again. Defendant determined that Plaintiff plagiarized a quotation in
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