Case: 17-13647 Date Filed: 04/16/2019 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 17-13647
Non-Argument Calendar
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D.C. Docket No. 1:09-cv-20756-PAS
In Re: UNITED STATES OF AMERICA, ex rel.
__________________________________
CARLOS URQUILLA-DIAZ,
Plaintiff - Appellant,
JUDE GILLESPIE, et al.,
Plaintiffs,
versus
KAPLAN UNIVERSITY,
a.k.a. Iowa College Acquisition Corporation,
a.k.a. Kaplan College,
KAPLAN HIGHER EDUCATION CORPORATION,
a division of Kaplan, Inc.; wholly owned subsidiary of
The Washington Post Company,
KAPLAN, INC.,
Defendants - Appellees.
Case: 17-13647 Date Filed: 04/16/2019 Page: 2 of 3
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Appeal from the United States District Court
for the Southern District of Florida
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(April 16, 2019)
Before TJOFLAT, WILLIAM PRYOR and DUBINA, Circuit Judges.
PER CURIAM:
This is the second time we have considered an appeal in this case. In
Urquilla-Diaz v. Kaplan University,
780 F.3d 1039 (11th Cir. 2015) (Kaplan I), we
affirmed the district court’s dismissal of Diaz’s claims against Kaplan that were
based on its alleged violations of the Department of Education’s satisfactory-
progress regulation,
34 C.F.R. § 668.34; the 90/10 rule,
20 U.S.C. § 1094(a)(24),
(d)(2); and the accreditation requirement,
34 C.F.R. § 600.5(a)(6).
Id. at 1064. We
reversed the district court’s dismissal of Diaz’s claims against Kaplan to the extent
that they were based on its alleged violation of the incentive-compensation ban,
20
U.S.C. § 1094(a)(20);
34 C.F.R. § 668.14(b)(22)(ii), and remanded the case for
further proceedings consistent with our opinion.
Id.
On remand, the district court granted summary judgment to Kaplan, finding
no genuine issue of material fact exists as to whether Kaplan made false statements
to the government with the requisite scienter. Additionally, the district court
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Case: 17-13647 Date Filed: 04/16/2019 Page: 3 of 3
granted summary judgment to Kaplan because it found Diaz’s claim is barred as a
matter of law by the public-disclosure bar of the False Claims Act.
After reviewing the record and reading the parties’ briefs, we affirm the
district court’s grant of summary judgment based on its well-reasoned order filed
on July 13, 2017.
AFFIRMED.
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