American World University (Hawaii) legal docs hawaii.gov
ANNA H. OSHIRO #5852 Damon Key Leong Kupchak Hastert 2004FEB I3 AM 8:41
Pauahi Tower 1001 Bishop Street, Suite 1600 Honolulu, Hawaii 96813 Telephone: (808) 531-8031
Attorney for Defendants
IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
STATE OF HAWAII, by its Office of Consumer Protection,
Plaintiff,
vs.
AMERICAN WORLD UNIVERSITY OF IOWA, INC., an Iowa corporation dba American World University and AMERICAN WORLD UNIVERSITY, a Louisiana corporation dba American World University,
Defendants.
CIVIL NO. 03-1-1648-08 VSM (Other Civil Action)
SUMMARY JUDGMENT AGAINST DEFENDANTS AMERICAN WORLD UNIVERSITY OF IOWA, INC. AND AMERICAN WORLD UNIVERSITY; EXHIBITS 1 AND 2
Motion Filed: January 8, 2004
HEARING Date: January 26, 2004 Time: 8:30 a.m. Judge: Victoria S. Marks
Trial Date: None SCF Date: None
SUMMARY JUDGMENT AGAINST DEFENDANTS AMERICAN WORLD UNIVERSITY OF IOWA, INC. AND AMERICAN WORLD UNIVERSITY
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants
American World University of Iowa, Inc. and American World University, their
agents, employees, successors and assigns, directly or indirectly, individually or in
concert with others, or through any corporate or other device, be and are hereby
ANNA H. OSHIRO #5852 Damon Key Leong Kupchak Hastert Pauahi Tower 1001 Bishop Street, Suite 1600 Honolulu, Hawaii 96813 Telephone: (808) 531-8031
Attorney for Defendants
IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
STATE OF HAWAII, by its Office of Consumer Protection,
Plaintiff,
vs.
AMERICAN WORLD UNIVERSITY OF IOWA, INC., an Iowa corporation dba
American World University and AMERICAN WORLD UNIVERSITY, a Louisiana corporation dba American
World University,
Defendants.
CIVIL NO. 03-1-1648-08 VSM (Other CiviI Action)
SUMMARY JUDGMENT AGAINST DEFENDANTS AMERICAN WORLD UNIVERSITY OF IOWA, INC. AND AMERICAN WORLD UNIVERSITY; EXHIBITS 1 AND 2
Motion Filed: January 8, 2004
HEARING Date: January 26, 2004 Time: 8:30 a.m. Judge: Victoria S. Marks
Trial Date: None SCF Date: None
SUMMARY JUDGMENT AGAINST DEFENDANTS AMERICAN WORLD UNIVERSITY OF IOWA. INC. AND AMERICAN WORLD UNIVERSITY
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants
American World University of Iowa, Inc. and American World University, their
agents, employees, successors and assigns, directly or indirectly, individually or in
concert with others, or through any corporate or other device, be and are hereby
permanently enjoined from
a. Providing any post-secondary instructional programs or courses leading to a degree;
b. Acting as or holding themselves out as a "college, academy, institute, institution, university'' or anything similar thereto;
c. Failing to comply with Hawaii Rev. Stat. Chap. 446E or § 480-2(a) in any particulars; and
d. Owning or operating any business in the State of Hawaii or claiming to operate under the laws of the State of Hawaii until all restitution, civil penalties and costs entered herein are fully satisfied.
IT IS FURTHER ORDERED that the Business Registration Division of the Department of Commerce and Consumer Affairs of the State of Hawaii dissolve, terminate, revoke and/or cancel all trademarks, corporate registrations (including that for American World University of Iowa, Inc. and American World University) and certificates of authority held by or for the defendants.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendants American World University of Iowa, Inc. and American World University, jointly and severally, be and are hereby ordered to implement a restitution program as follows. Defendants, jointly and severally, be and are hereby ordered to immediately compile a list of those students who enrolled in or graduated from American World University between July 1, 1999 and May 27, 2003. Defendants American World University of Iowa, Inc. and American World University, jointly and severally, be and are hereby ordered to send a written offer of restitution to each such individual in the appropriate
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form attached as Exhibits 1 or 2. Defendants, jointly and severally, be and are hereby ordered to make restitution to anyone requesting it within twenty days of the receipt of such a request.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Hawaii Rev. Stat. § 480-3.1, Defendant American World University of Iowa, Inc. be and hereby is liable to Plaintiff for civil penalties in the amount of $125,000.00.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Hawaii Rev. Stat. § 480-3.1, Defendant American World University be and hereby is liable to Plaintiff for civil penalties in the amount of $125,000.00.
There are no remaining claims against any party.
DATED: Honolulu, Hawaii,
Judge of the above-entitled Court
APPROVED AS TO FORM:
JEFFREY E. BRUNTON, ESQ.
Civil No. 03-1-1648-08 VSM; State vs. American World University of Iowa, Inc. et al.; SUMMARY JUDGMENT AGAINST DEFENDANTS AMERICAN WORLD UNIVERSITY OF IOWA, INC. AND AMERICAN WORLD UNIVERSITY
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form attached as Exhibits 1 or 2. Defendants, jointly and severally, be and are hereby ordered to make restitution to anyone requesting it within twenty days of the receipt of such a request.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Hawaii Rev. Stat. § 480-3.1, Defendant American World University of Iowa, Inc. be and,hereby is liable to Plaintiff for civil penalties in the amount of $125,000.00.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to Hawaii Rev. Stat. § 480-3.1, Defendant American World University be and hereby is liable to Plaintiff for civil penalties in the amount of $125,000.00.
There are no remaining claims against any party.
Judge of the above-entitled Court
APPROVED AS TO FORM:
JEFFREY E. BRUNTON, ESQ.
Civil No. 03-1-1648-08 VSM; State vs. American World University of Iowa, hc. et al.; SUMMARY JUDGMENT AGAINST DEFENDANTS AMERICAN WORLD UNIVERSITY OF IOWA, INC. AND AMERICAN WORLD UNIVERSITY
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Date
Name Address City, State Zipcode
Dear Graduate
We are writing to inform you that during your course of studies, American World University of Iowa and American World University were operating in violation of Hawaii’s laws relating to unaccredited degree granting institutions. By law, such violations are automatically considered unfair or deceptive business practices.
As a result of a court order, we are offering all graduates a full refund of the tuition paid conditioned only on return of the diploma. If you would like to accept this offer, please simply indicate that fact on the enclosed form and return it to us with the diploma. Your refund will be processed within twenty days from its receipt.
If you choose to accept this offer, you will be barred from seeking any other damages against the university. You should know that under Hawaii law, you have the right to bring your own lawsuit for damages and, in the event you prevail, you would be awarded not less than $1,000 or threefold the damages, whichever is greater. You would also, in that event, be awarded your attorneys fees.
If you have any questions about this offer, you may call the State of Hawaii’s Consumer Resource Center at (808)586-2653.
Very truly yours,
Maxine Asher, President American World University of Iowa American World University
Enc
Date
Name Address City, State Zipcode
Dear Graduate:
We are writing to inform you that during your course of studies, American World University of Iowa and American World University were operating in violation of Hawaii's laws relating to unaccredited degree granting institutions. By law, such violations are automatically considered unfair or deceptive business practices.
As a result of a court order, we are offering all graduates a full refund of the tuition paid conditioned only on return of the diploma. If you would like to accept this offer, please simply indicate that fact on the enclosed form and return it to us with the diploma. Your refund will be processed within twenty days from its receipt.
If you choose to accept this offer, you will be barred from seeking any other damages against the university. You should know that under Hawaii law, you have the right to bring your own lawsuit for damages and, in the event you prevail, you would be awarded not less than $1,000 or threefold the damages, whichever is greater. You would also, in that event, be awarded your attorneys fees.
If you have any questions about this offer, you may call the State of Hawaii's Consumer Resource Center at (808) 586-2653.
Very truly yours,
Maxine Asher, President American World University of Iowa American World University
Enc.
Yes, I would like a full refund of all tuition paid. My diploma is enclosed Please send the refund to:
Name Street Address City, State, ZipCode Country
Dated:
Signature
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Date
Name Address City, State Zip Code
Dear Student:
We are writing to inform you that during your course of studies, American World University of Iowa and American World University were operating in violation of Hawaii’s laws relating to unaccredited degree granting institutions. By, law such violations are automatically considered unfair or deceptive business practices.
As a result of a court order, we are offering all students a full refund of the tuition paid. If you would like to accept this offer, please simply indicate that fact on the enclosed form and return it to us. Your refund will be processed within twenty days from its receipt.
If you choose to accept this offer, you will be barred from seeking any other damages against the university. You should know that under Hawaii law, you have the right to bring your own lawsuit for damages and, in the event you prevail, you would be awarded not less than $1,000 or threefold the damages, whichever is greater. You would also, in that event, be awarded your attorneys’ fees.
If you have any questions about this offer, you may call the State of Hawaii’s Consumer Resource Center at (808)586-2653.
Very truly yours,
Maxine Asher, President American World University of Iowa American World University
Enc.
3
Date
Name. Address City, State Zip Code
Dear Student:
We are writing to inform you that during your course of studies, American World University of Iowa and American World University were operating in violation of Hawaii's laws relating to unaccredited degree granting institutions. By, law such violations are automatically considered unfair or deceptive business practices.
As a result of a court order, we are offering all students a full refund of the tuition paid. If you would like to accept this offer, please simply indicate that fact on the enclosed form and return it to us. Your refund will be processed within twenty days from its receipt.
If you choose to accept this offer, you will be barred from seeking any other damages against the university. You should know that under Hawaii law, you have the right to bring your own lawsuit for damages and, in the event you prevail, you would be awarded not less than $1,000 or threefold the damages, whichever is greater. You would also, in that event, be awarded your attorneys' fees.
If you have any questions about this offer, you may call the State of Hawaii's Consumer Resource Center at (808)586-2653.
Very truly yours,
Maxine Asher, President American World University of Iowa American World University
Enc.
Yes, I would like a full refund of all tuition paid. Please send the refund to:
Name Street Address City, State, ZipCode Country
Dated:
Signature
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