Apollo Education Group Inc. v. Henry ex rel. minor child P.H.

ORDER

Honorable Diane J. Humetewa, United States District Judge

This action is before the Court on Defendant’s Motion to Dismiss (Doc. 9). Plaintiffs have filed a Response (Doc. 10) and Defendant has- filed a Reply (Doc. 11). The Court has also considered Defendant’s Notice of Supplemental Authority in Support of Motion to Dismiss (Doc. 12), Plaintiffs’ Response (Doc. 13) thereto, and Defendant’s Reply (Doc. 14).

I. Background1

Plaintiffs Apollo Education Group, Inc. and Apollo Group, Inc. Health and Welfare Plan initiated this action by filing a Com*1080plaint against Defendant Nicholas Henry, the…