19.  Chartered in 1821, The George Washington University has a current enrollment  of approximately 28,000 undergraduate and graduate students across 10 schools and colleges.   20.  As of June 30, 2019, Defendant’s endowment totaled approximately $1.779  billion and the university ended the fiscal year with assets totaling more than $4.748 billion.  Defendant collected $774.143 million in student tuition and fees (net of $333,821 university  funded scholarships)—a $21.2 million increase from the year before—with Defendant’s total  operating revenues totaling $1.546 billion.    21.  In July 2017, Defendant announced the final results of its largest ever fundraising  campaign—“Making History: The Campaign for GW”—through which nearly 67,000 donors  contributed more than $1.02 billion to the university. During the campaign, GW raised: (1) more  than $177 million to support students, including 128 new endowments for student financial aid;  (2) more than $626 million to enhance academics, including 23 new endowed faculty positions;  (3) more than $163 million for facilities; and (4) an additional $57 million in unrestricted funds  to address other university needs.   52.  Plaintiff sues under Rule 23(a), (b)(5), and Rule 23(b)(3) of the Federal Rules of  Civil Procedure, on behalf of himself and a Class defined as follows:  All people paying Defendant, in whole or in part, personally and/or  on behalf of others, for Spring 2020 tuition, fees, and/or room  board for in-person instruction and use of campus facilities, but  who were denied use of and/or access to in-person instruction  and/or campus facilities by Defendant.  Excluded from the Class is Defendant, any entity in which Defendant has a controlling interest,  and Defendant’s legal representatives, predecessors, successors, assigns, and employees. Further  excluded from the Class is this Court and its employees. Plaintiff reserves the right to modify or  amend the Class definition including through the creation of sub-classes if necessary, as  appropriate, during this litigation.   53.  The definition of the Class is unambiguous. Plaintiff is a member of the Class  Plaintiff seeks to represent. Class Members can be notified of the class action through contact  information and/or address lists maintained in the usual course of business by Defendant.   54.  Per Rule 23(a)(1), Class Members are so numerous and geographically dispersed  that their individual joinder of all Class Members is impracticable. The precise number of Class  members is unknown to Plaintiff but may be ascertained from Defendant’s records, however,  given the thousands of students enrolled at Defendant in a given year, that number greatly  exceeds the number to make joinder possible. Class Members may be notified of the pendency of  this action by recognized, Court-approved notice dissemination methods, which may include  U.S. Mail, electronic mail, Internet postings, and/or published notice.   65.  Plaintiff restates and re-alleges, and incorporates herein by reference, the  preceding paragraphs as if fully set forth herein.   66.  Plaintiff and the Class Members entered into identical, binding contracts with  Defendant.    67.  Under their contracts with Defendant, Plaintiff and the members of the Class paid  Defendant tuition, fees, and/or room and board charges for Defendant to provide in-person  instruction, access to Defendant’s facilities, and/or housing services.   68.  Plaintiff and the Class Members have fulfilled all expectations, having paid  Defendant for all Spring 2020 term financial assessments.   72.  Plaintiff restates and re-alleges, and incorporates herein by reference, the  preceding paragraphs as if fully set forth herein.   73.  At all times relevant hereto, Plaintiff and the Class Members directly conferred  non-gratuitous benefits on Defendant, i.e., monetary payments for tuition, fees, and/or room and  board, so that students could avail themselves of in-person educational opportunities and utilize  campus facilities, including campus dormitories.   74.  Defendant knowingly accepted the benefits conferred upon it by Plaintiff and the  Class Members.   75.  Defendant appreciated or knew of the non-gratuitous benefits conferred upon it by  Plaintiff and members of the Class.   79.  Plaintiff restates and re-alleges, and incorporates herein by reference, the  preceding paragraphs as if fully set forth herein.   80.  Plaintiff and the other members of the Class have an undisputed right to receive  educational services, activities, and access Defendant’s facilities for the Spring 2020 term.  Plaintiff and the Class Members obtained such rights by paying Defendant tuition, fees, and/or  room and board and by otherwise remaining in good standing with Defendant.   81.  Defendant wrongfully exercised control over and/or intentionally interfered with  the rights of Plaintiff and members of the Class by effectively closing its campus to in-person  education and switching to an online-only format, discontinuing paid-for services, and evicting  students from campus housing. All the while, Defendant has unlawfully retained the monies  Plaintiff and the Class Members paid Defendant as well as barred Plaintiff from Defendant’s  facilities.   A.  Background   A.  Background ..............................................................................................................5  B.  The Novel Coronavirus Shutdowns And Defendant’s Campus Closure .................7  C.  Defendant’s Refusal To Issue Tuition And Fee Refunds ......................................12  V.  BREACH OF CONTRACT   CONVERSION   UNJUST ENRICHMENT   VI.  CAUSES OF ACTION ......................................................................................................16  COUNT I  BREACH OF CONTRACT.............................................................................16 