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UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

West Palm Beach Division

BRITTANY ROBERSON, REBECCA 

FREEMAN, BIANCA VIÑAS, TIFFANY 

KING, and TRESHA THOMPSON, 

individually and on behalf of others similarly 

situated,

 Plaintiffs, 

v.

HEALTH CAREER INSTITUTE LLC (dba 

HCI COLLEGE LLC and HCI 

ACQUISITION LLC), FLORIAN 

EDUCATION INVESTORS LLC, and 

STEVEN W. HART,

 Defendants.

Civil Action No. 9:22-cv-81883-RAR

District Judge: Rodolfo A. Ruiz, II

Magistrate Judge: Ryon M. McCabe

PLAINTIFFS’ NOTICE OF FILING OF SUPPLEMENTAL INFORMATION 

REQUESTED BY THE COURT IN THE JULY 30 HEARING 

1. The Court requested the exhibit numbers of all CIE Forms 609a. As an initial matter, 

Plaintiffs note that Fla. Admin. Code R. 6E-1.0032(11) requires: “Prior to the initial enrollment or 

reentry of students into programs for the prelicensure education of professional or practical nurses, 

certified nursing assistant training programs, or any combination of such programs, an institution 

shall provide to each student each applicable disclosure form completed by the institution. 

The disclosure must be signed and dated by the prospective student and a school official, with a 

copy to be maintained in the student’s file. Passage rates for first time test takers and 

probationary status of the program shall be provided for the most recent calendar year 

Case 9:22-cv-81883-RAR Document 242 Entered on FLSD Docket 08/01/2024 Page 1 of 5
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published by the Board of Nursing.” (emphasis added). Relevant forms appear in the record as 

follows:

- Plaintiffs’ Exhibit 41 (Tiffany King, signed January 2020, with 2018 numbers omitting 

graduates of “old” program operating under NCLEX code 70755, ECF No. 203-2, at 879);

- Plaintiffs’ Exhibit 42 (Rebecca Freeman, signed September 2020, with 2018 numbers 

omitting graduates of “old” program operating under NCLEX code 70755, ECF No. 203-

2, at 881);

- Plaintiffs’ Exhibit 43 (Brittany Roberson, signed May 2020, with 2018 numbers omitting 

graduates of “old” program operating under NCLEX code 70755, ECF No. 203-2, at 883);

- Plaintiffs’ Exhibit 44 (Bianca Viñas, signed January 2021, with 2018 numbers omitting 

graduates of “old” program operating under NCLEX code 70755, ECF No. 203-2, at 885);

- Plaintiffs’ Exhibit 46 (blank form with 2020 numbers omitting graduates of “old” program 

operating under NCLEX code 70755, ECF No. 203-2, at 889).

2. The Court requested the exhibit numbers of all operative enrollment agreements. The blank 

enrollment agreement, revised January 27, 2020, is Plaintiffs’ Exhibit 52 (ECF No. 203-2, at 901-

06). The only signed enrollment agreements that Plaintiffs are in possession of are those signed by 

the Named Plaintiffs, which appear in the record as follows: 

- Defendants’ Exhibit P (enrollment agreements signed by Britany Roberson and Tiffany 

King, ECF No. 211-16); and

- Defendants’ Exhibit Q (enrollment agreements signed by Bianca Viñas, Rebecca Freeman, 

and Tresha Thompson, ECF No. 211-17).

3. The Court requested the exhibit numbers of all operative college catalogs. As an initial 

matter, Plaintiffs note that Fla. Admin. Code R. 6E-1.0032(6) requires: “Each prospective student 

Case 9:22-cv-81883-RAR Document 242 Entered on FLSD Docket 08/01/2024 Page 2 of 5
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shall be provided a written copy, or shall have access to an electronic copy, of the institution’s 

catalog prior to enrollment or the collection of any tuition, fees or other charges.” Operative college 

catalogs appear in the record as follows:

- Plaintiffs’ Exhibit 14 (2019 Catalog, ECF No. 203-2, at 95-192);

- Plaintiffs' Exhibit 39 (2020 Catalog, ECF No. 203-2, at 623-728);

- Plaintiffs’ Exhibit 40 (2021 Catalog, ECF No. 203-2, at 730-877);

- Defendants’ Exhibit R (2022-2023 Catalog, ECF No. 211-18).

Additional college catalogs are available online:

- https://www.hci.edu/wp-content/uploads/2023/02/HCI-College-Catalog-2023-VersionVI.pdf (2023-2024 Catalog); and

- https://www.hci.edu/wp-content/uploads/2024/01/HCI-Student-Catalog-2024-VolumeVII-Revised-Jan-12-2024.pdf (2024-2025 Catalog).

Relevant changes among these catalogs are summarized in the chart attached hereto as Exhibit 1.

4. There was a dispute as to the contents of an exhibit relating to observations made by 

ACCSC, HCI’s institutional accreditor, regarding inconsistencies in HCI’s advancement and 

graduation requirements. That document, Plaintiffs’ Exhibit 77, reads: “The Commission found 

that the school [HCI] has yet to demonstrate that graduation requirements are stated accurately or 

consistently in both the catalog and enrollment agreement.”

5. Plaintiffs noted that ACEN, the accreditor from which HCI has sought programmatic 

accreditation, found that HCI lacked certain required clinical affiliations. That finding, which 

supports a class-wide determination that HCI’s clinical relationships were inadequate, is in the 

record at Plaintiffs’ Exhibit 13 at 10 (ECF No. 203-2, at 82).

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6. The Court observed that Plaintiffs’ Exhibit 55 did not contain the information cited on page 

20 of the Renewed Motion for Class Certification, relating to student retail installment contract 

balances. Plaintiffs intended to cite Defendants’ supplementary response to Interrogatory 19, 

which is attached hereto as Exhibit 2.

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7. Defendants objected to Plaintiffs’ Exhibit 15, an archived version of HCI’s website stating 

that the RN Program “is designed to provide educational and clinical experiences preparing 

students for employment positions as a Registered Nurse (RN).” ECF No. 203-2 at 195. As 

Plaintiffs stated during the hearing, this representation is still on HCI’s website. See

https://www.hci.edu/programs/associate-degree-in-nursing.

8. Finally, in response to several questions during the class certification hearing, Plaintiffs 

cited Carriuolo v. General Motors, 823 F.3d 977 (11th Cir. 2016), in which the Eleventh Circuit 

affirmed the district court’s order granting certification of a FDUTPA class. The district court’s 

order granting certification in that case is attached for the Court’s review as Exhibit 3.

Dated: August 1, 2024

Respectfully submitted,

/s/ Jennifer Thelusma

JENNIFER THELUSMA

Florida Bar No. 1019776

jthelusma@ppsl.org

REBECCA EISENBREY (pro hac vice)

reisenbrey@ppsl.org

VICTORIA ROYTENBERG (pro hac vice)

vroytenberg@ppsl.org

Project on Predatory Student Lending

1 In their Joint Notice of Advisement Regarding Class Certification Hearing, filed on July 22, the 

Parties agreed that the Court may consider “the full interrogatory responses of interrogatories 

referenced in the class certification briefs.” ECF No. 232 at 2.

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769 Centre Street, Suite 166

Jamaica Plain, MA 02130

(617) 322-2843

NICOLE MAYER

Florida Bar No. 012035

Nicole@MayerLawFlorida.com

Mayer Law

171 Dommerich Drive

Maitland, Florida 32751

(352) 494-3657

Attorneys for Plaintiffs

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