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Priscilla McNulty (or was the McNutty?), Another Capella Lawyer Lies to Federal Court!

So, just how many lawyers does Capella University have working on this and related cases? It seems that every time we blink, another one has jumped into the fray! There seem to be so many that we're just about to add a joke section to this site - can you guess what the first one will be?

Q - How many Capella lawyers does it take to write a brief without errors that are also filled with lies?

A. - Unknown, we're still counting! LOL!

Our guess is that their case is so weak that they figure the more lawyers, the better! Priscilla McNulty is merely the last one to hop on board Capella's sleazy smear campaign against students that Capella abuses. To date, the following "attorneys" are known to have worked on and/or provided declarations to the court regarding this case:

• Greg Thom - Capella's chief shyster and liar extraordinaire.
• H. Christian L'Orange (Sir Chrisy the Sissy) from the law firm of Drinker Biddle, that was hired by Capella to defend them.
• Stella Fey Epling (Capella Stella), also from Drinker Biddle. As noted, Capella Stella has lied to the court under penalty of perjury. Capella Stella's declarations may be found here.
• Priscilla McNulty - Capella's latest entry and, apparently, Greg Thom's sidekick.

As we wouldn't want to leave anyone out, we always want to acknowledge the attorneys who are representing them as part of their Capella's lawsuit against their insurance company, Executive Risk Specialty Insurance Company (ERSIC), because ERSIC has refused to pay for Capella's sleazy smear campaign. Not surprisingly, ERSIC has also accused Capella of lying to them!

The attorneys representing Capella University in the Capella University, Inc. vs. Executive Risk Specialty Insurance Company, from the law firm of Foley & Mansfield, are:

• Gerald H Bren
• Thomas M Stieber

With the huge squadron of attorneys working on Capella's behalf, we didn't want to miss out on the declaration that Priscilla McNulty submitted to the court. As will be noted, she has already been caught lying (why should we expect anything else?). Even so, she's got a long way to go to catch up to her counterpart, Greg Thom. As to be expected, her declaration contains a bunch of nonsense and speculation which we must presume that she submitted as yet another deliberate attempt to hide the facts.

Priscilla McNulty's Gender Problem

Like so much of the vomit-in-print that Sir Chrisy the Sissy L'Orange and Capella Stella regurgitate at the court, McNulty's declaration also contains extremely stupid mistakes - heck, you would think that with at least three (maybe more) lawyers reading this document, at least one of them might have caught them. These include (but are not necessarily limited to):

• Priscilla McNulty signed her name at the end of her declaration and yet her buddy, Greg Thom's name appears at the bottom of the last two pages (page numbers 2 and 3) of her declaration! Take a look for yourself. Duh!
• As with nearly all of the declarations that Capella Stella and Sir Chrisy the Sissy L'Orange have submitted to the court, McNulty's was not signed properly (more on that matter later).

Of course, this is not the first time that these clowns have done this - the "workmanship" of Sir Chrisy the Sissy and Capella Stella has been so consistently shoddy that it would appear as if multiple personality disorder and gender confusion is rampant! Other examples include:

• Capella Stella Fey Epling submitted one of her own declarations with someone else's name (Tom Ivory) at the bottom!
• Michael J. Miller (AKA, Michael Murphy) - take a look at the bottom of Miller's declaration.

The following contains the complete text of the declaration that Priscilla McNulty filed on behalf of her employer, Capella University. The only thing we've added are comments and links to appropriate sources to demonstrate just how absurd her contentions are.

In addition to the text version provided below, we've also provided a copy of Priscilla McNulty's official declaration for your reading pleasure (requires Adobe Acrobat Reader)!

I, Priscilla McNulty, do declare and say:

1. I am an attorney licensed to practice law in the State of Minnesota and am the Senior Counsel for Legal and Regulatory Affairs and Secretary of the Board of Directors for Capella University Capella), defendant and counterclaimant herein.
2. I make this declaration in support of Capella’s Supplemental Brief in Support of Capella University’s Opposition to Motion to Strike Counterclaim, I make this declaration of my own personal knowledge and if called as a witness, could and would testify competently thereto.
3. On December 2, 2005, I requested that a Freedom of Information Act (FOIA) request be initiated on Capella’s behalf to the Department of Education, Office for Civil Rights (OCR). My request sought a copy of all records and documents related to OCR’s investigation of OCR complaint nos. 05-04-2063, 05-04-2092 and 05-05-2062. Each of these complaints, and the subsequent appeal were filed and taken by (La Marca), plaintiff and counterdefendant herein. A copy of this request is attached to this Declaration as Exhibit 12, and incorporated herein by reference.

4. On December 14, 2005, I was advised by an OCR staff member that my request dealt with records maintained in OCR’s Investigatory files.
5. On January 5, 2006, OCR responded to my request forwarding 1,179 pages. Contained in these materials was the entire investigation performed by OCR [emphasis is ours] of the three complaints enumerated above, and the subsequent appeal taken by La Marca. A copy of OCR’s January 5, 2006 response is attached to this Declaration as Exhibit 13, and incorporated herein by reference.

6. I have also reviewed the depositions taken of La Marca on December 29, 2005 and January 18, 2006. In these proceedings, La Marca maintains he received a letter from OCR representatives some time in July or August 2005 advising him OCR’s investigation would be placed on administrative hold, pending the resolution of his current lawsuit.
7. I have reviewed the OCR materials at some length, and have found no letter dated either in July or August 2005 apprising La Marca that OCR’s investigation would be placed on hold. The last official correspondence in the materials produced in response to Capella’s FOIA request, made approximately five months after the alleged July or August 2005 letter referenced by La Marca, was dated May 9, 2005. This letter, attached to this Declaration as Exhibit 14, and incorporated herein by reference, address the resolution of complaint 05-05-2062. This letter advised Capella that OCR would not proceed with investigating the allegations raised in complaint 05-05-2062. However, OCR would consider any information to be provided by La Marca that university witnesses, during OCR’s investigation of case no. 05-04-2092 provided false testimony. In reviewing all of the materials produced by OCR in response to our December, 2006 FOIA request, there is no response by La Marca consisting of any additional materials for OCR’s review.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd Day of January 2006, in Minneapolis, Minnesota.