Adewale Ebenezer Jones v. Nova Southeastern University, Inc.

Summary

The United States District Court for the Middle District of Florida granted Nova Southeastern University’s motion to dismiss Adewale Ebenezer Jones’s amended complaint, concluding that most claims were barred by res judicata and that the FERPA-related claims lacked a private right of action. The court denied Jones’s second motion for a preliminary injunction and his motions for sanctions, dismissed the case without leave to amend, and directed the Clerk to close the case.

Holdings

1. Claims that Plaintiff brought or could have brought in the prior action, involving the same parties and the same common nucleus of operative facts, are barred by res judicata.
2. When a plaintiff fails to amend by a court-ordered deadline without obtaining an extension, the prior dismissal becomes a final judgment for res judicata purposes.
3. FERPA does not provide a private right of action, including through an action brought under 42 U.S.C. § 1983, and Plaintiff's FERPA-related claims were properly dismissed with prejudice.
4. Plaintiff was not entitled to a preliminary injunction because he could not demonstrate a substantial likelihood of success on the merits after dismissal of his complaint.
5. The motions for sanctions were properly denied because Defendant's motion to dismiss and opposition to preliminary injunctive relief were procedurally proper and legally and factually meritorious.

Questions Presented

1. Whether the claims based on Plaintiff's dismissal from and experiences at Nova Southeastern University were barred by res judicata because they had been raised or could have been raised in Plaintiff's prior action.
2. Whether Plaintiff's FERPA-related claims stated a legally cognizable private cause of action.
3. Whether Plaintiff was entitled to a second preliminary injunction.
4. Whether Defendant or its counsel should be sanctioned for filing the motion to dismiss or opposing preliminary injunctive relief.

Disposition

dismissed