Fordan v. San Francisco State Univ.

• Decision Date: 09 November 2017
• Docket Number: Case No. 17-cv-02949-JCS
• Court: U.S. District Court — Northern District of California
• Parties: METTE J. FORDAN, ET AL., Plaintiffs, v. SAN FRANCISCO STATE UNIVERSITY, et al., Defendants.

METTE J. FORDAN, ET AL., Plaintiffs, v. SAN FRANCISCO STATE UNIVERSITY, et al., Defendants.

Case No. 17-cv-02949-JCS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

November 9, 2017

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

Re: Dkt. No. 13

I. INTRODUCTION

Plaintiffs Mette J. Fordan ("Ms. Fordan") and her husband Barry L. Fordan ("Mr. Fordan") bring this suit under 42 U.S.C. § 1983 against Defendants San Francisco State University ("SFSU"), Leslie E. Wong, Ph.D., ("Dr. Wong"), and Douglass W. Bailey, Ph.D., ("Dr. Bailey"). Plaintiffs allege that Defendants violated their civil rights by leading Ms. Fordan to believe a master's program at SFSU would take two to three years to complete when, in fact, Ms. Fordan was unable to finish during the four years she was enrolled at SFSU due to the actions of Defendants. Defendants now bring a Motion to Dismiss ("Motion") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure seeking dismissal of all of Plaintiffs' claims on the grounds that: (1) Plaintiffs' claims are barred under the doctrine of claim preclusion; (2) Plaintiffs' claims are untimely; and (3) Plaintiffs have failed to plead any viable claim under 42 U.S.C. § 1983. The Court held a hearing on the Motion on Friday, November 3 at 9:30 a.m. For the reasons explained below, the Motion is GRANTED.¹

II. BACKGROUND

A. Complaint

1. Factual Allegations

Plaintiffs allege that they are married and that Ms. Fordan was enrolled at SFSU between August 23, 2010 and May 31, 2014. Complaint ¶ 13. With respect to Dr. Bailey, Plaintiffs contend that Dr. Bailey is a professor in the Department of Anthropology at SFSU and served as Chair of the Department of Anthropology from August of 2008 until May of 2011. Id. ¶¶ 11, 178. Plaintiffs further allege that Dr. Bailey was Ms. Fordan's graduate thesis advisor. Id. ¶ 11. With respect to Dr. Wong, Plaintiffs allege that Dr. Wong is the current President and Chief Executive of SFSU. Id. ¶ 10.

Plaintiffs allege that Ms. Fordan, after working in business for several years, "greatly desired to continue pursuing a life-long dream of a career in Anthropology/Archaeology." Id. ¶ 21. According to Plaintiffs, Ms. Fordan met with Professor Ian Hodder, Ph.D., who advised her to obtain a master's degree before applying for admission to a doctoral program and suggested that she contact Dr. Bailey at SFSU. Id. ¶ 22. After engaging in email correspondence and meeting with Dr. Bailey in person, Ms. Fordan was accepted to pursue a master's degree in the Department of Anthropology at SFSU. Id. ¶¶ 23-27. She was a full-time graduate student in that program between August 23, 2010 and May 31, 2014. Id. ¶ 27, 13. Plaintiffs allege that Dr. Bailey served as Ms. Fordan's graduate thesis advisor while enrolled at SFSU. Id. ¶ 11.

Plaintiffs allege that Ms. Fordan obtained an Unsubsidized Stafford Graduate Student Loan ("Loan") with a "financing protocol of two (2) to three (3) years, maximum." Id. ¶ 128. According to Plaintiffs, the United States Department of Education is the underwriter of the Loan, and Great Lakes Higher Education and Affiliates Corporation is a loan servicing company. Id. ¶ 2. Plaintiffs contend that the United States Department of Education as well as Great Lakes Higher Education and Affiliates Corporation "requested and utilized" Mr. Fordan's financial information in calculating Ms. Fordan's repayment plan of the Loan, which "elevated" Ms. Fordan's monthly repayment amount. Id. ¶ 14. Plaintiffs allege that Ms. Fordan intended to complete the master's program at SFSU within the two to three year duration of the Loan and thatSFSU's 2010 Graduate Student Handbook "calls for a two (2) year Masters Program." Id. ¶128. Plaintiffs allege that the United States Department of Education "expected" Ms. Fordan to graduate by May of 2013. Id. at ¶ 110.

Plaintiffs allege that while Ms. Fordan was writing her thesis for the master's program, Dr. Bailey "create[d] a 'Star Chamber' process" by "continually 'moving the goal posts'" and "appearing less concerned with meeting the May graduation date than in providing methods or undertaking action NOT to meet a May graduation." Id. ¶ 105. Plaintiffs allege that Ms. Fordan submitted her "Final Thesis Draft" on April 4, 2013. Id. ¶ 120. Plaintiffs allege Dr. Bailey emailed Ms. Fordan on April 9, 2013, informing her that her Master's Thesis Committee had concluded that her draft did not meet the requirements for a master's thesis at SFSU. Id. ¶ 121. Plaintiffs allege that Ms. Fordan's third academic year in the master's program at SFSU concluded on May 31, 2013 and that the Loan "maxed out at three (3) years." Id. ¶ 128. Plaintiffs allege that Dr. Bailey "requir[ed Ms. Fordan] to attend at least one (1) more Semester to complete the two (2) year [master's] program in Anthropology." Id. ¶ 128. Plaintiffs allege that Ms. Fordan submitted the "Final Draft" of her Master's thesis via email on October 1, 2013. Id. ¶ 135. Plaintiffs allege that Dr. Bailey rejected the Final Draft via email on October 6, 2013. Id. ¶ 136.

According to Plaintiffs, Dr. Bailey rejected the "Final Draft" of Ms. Fordan's master's thesis "WITHOUT the full [Master's Thesis] Committee, which included [Dr. Marianna Ferreira, Ph.D., Professor of Anthropology at SFSU ("Dr. Ferreira")] ever meeting." Id. ¶ 137. Plaintiffs allege that on November 12, 2013 Ms. Fordan emailed Dr. Bailey, informing him that "this is now a legal matter." Id. ¶ 140. Plaintiffs contend that Dr. Ferreira called Ms. Fordan and told her Dr. Bailey had stated to Dr. Ferreira that Ms. Fordan had a total of seven years to complete her Master's thesis. Id. ¶ 142.

Plaintiffs allege that Dr. Peter Biella, Ph.D., Professor, Department of Anthropology at SFSU ("Dr. Biella"), took over from Dr. Bailey the position of Chair of the Department of Anthropology as of August of 2011 and held that position through "at least" May of 2014. Id. ¶ 178. Plaintiffs allege that Dr. Bailey and Dr. Biella "were extremely close professionally and in close communication." Id. Plaintiffs allege that on January 4, 2017, Ms. Fordan read a review ofDr. Biella on the website "RateMyProfessor.com" and "learned of [Dr.] Biella's seven (7)-year Masters Program for [Dr.] Biella's Graduate Student." Id. ¶ 161. Plaintiffs allege that "[t]he mere fact that two (2) Graduate Students in the [Masters] Program . . . were each placed on a seven (7) year Masters Program . . . supports the collaboration and culpability in violations of Law . . . in dealing with selected Graduate Students in the Department of Anthropology." Id. ¶ 180.

2. Claims

Plaintiffs assert three claims in their Complaint: 1) "Violation of Civil Rights by Deprivation of Rights: Deceit, Deceit by Collaboration; Deceit by Concealment;" 2) "Violation of Civil Rights by Deprivation of Rights: Interference and Alteration of the Financial Commerce Between Plaintiff, the United States Department of Education, Defendant SFSU, and Defendant SFSU's Office of Financial Aid;" and 3) "Violation of Civil Rights by Deprivation of Rights: Denial of Equal Protection of Rights." Plaintiffs asserted all claims in this action against all Defendants in this action. Plaintiffs seek compensatory and punitive damages as well as prejudgment interest and contend that all Defendants are jointly and severally liable.

a. Violation of Civil Rights by Deprivation of Rights: Deceit, Deceit by Collaboration; Deceit by Concealment

Plaintiffs' first claim purports to be asserted under 42 U.S.C. § 1983 based on violations of California law, namely California Civil Code sections 1427-28², 1430-31³, 1571-75⁴, 1709-10⁵,2306⁶, and 2313.⁷ Id. ¶ 194. In support of their first claim, Plaintiffs allege that Dr. Bailey "made a false representation of a matter of fact" and that Dr. Bailey "intended to deceive" Plaintiffs when he "placed" Ms. Fordan in a seven-year master's program "when, in fact, no such seven (7) year Program existed, as the Masters Programs offered by Defendent SFSU and financed through Defendant SFSU's Office of Financial Aid and underwritten by the United States Department of Education were all two (2) to three (3) year programs." Id. ¶¶ 164-165; see also id. ¶ 172. Plaintiffs allege that Dr. Bailey "used 'comments' as a pretext, rationale, and ruse for [his] refusal to approve and sign [Ms. Fordan's] Masters Thesis Drafts and extend [Ms. Fordan's] Masters Program to seven (7) years." Id. ¶ 184. Plaintiffs allege that Dr. Bailey was aware of Ms. Fordan's desire to pursue a career in anthropology and archaeology, that Ms. Fordan expressed her concern for "expediency in completing the Masters Program" at SFSU "in anticipation of moving on to the Doctorate Degree at another University," and that she wanted to conserve a portion of the Loan funds for such a purpose. Id. ¶ 177. Plaintiffs allege that Dr. Bailey gave Ms. Fordan "cause to believe the [Masters] program would be two (2) to three (3) years" in duration as well as "false hope" that she could graduate from the master's program by April 2013 and later by October2013, even though Dr. Bailey intended to extend Ms. Fordan's master's program from a period of two to three years to seven years. Id. ¶¶ 182, 183, 188. Plaintiffs further allege that Dr. Bailey's "deceit was planned, in collaboration with [Dr. Biella]" in violation of California Civil Code sections: 1427, 1428, 1430, 1431, 1571-75, 1709-10, 2306, and 2313. Id. ¶ 194. Based on these alleged violations of California state law, Plaintiffs assert this claim under 42 U.S.C. § 1983.

b. Violation of Civil Rights by Deprivation of Rights: Interference and Alteration of the Financial Commerce Between Plaintiff, the United States, Department of Education, Defendant SFSU, and Defendant SFSU's Office of Financial Aid

This claim, like the first claim, is asserted under 42 U.S.C. § 1983. It is based on an alleged violation of Article I, Section 8, Clause 3 of the United States Constitution (...