- Current report filing (8-K)

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): December 16, 2009

Apollo Group, Inc.

(Exact name of registrant as specified in its charter)


Arizona	0-25232	86-0419443

(State or other jurisdiction	(Commission	(I.R.S. Employer
of incorporation)	File Number)	Identification No.)


4025 S. Riverpoint Parkway, Phoenix,
Arizona		85040

(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (480) 966-5394

Former name or former address, if changed since last report

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Section 8 — Other Events

Item 8.01 Other Events.

Update regarding the False Claims Act lawsuit filed in 2003 in the United States District Court for the Eastern District of California against Apollo Group, Inc. subsidiary, University of Phoenix, Inc., entitled United States of America ex rel. Mary Hendow and Julie Albertson v. University of Phoenix .

On December 14, 2009, the parties entered into a settlement agreement regarding the above lawsuit, effective December 11, 2009. Also on December 14, the University of Phoenix and the two private plaintiffs filed with the court a joint stipulation of dismissal. The court issued an order on December 15, 2009 requesting that the parties provide additional information about the settlement agreement to allow the court to evaluate whether the allocation of the settlement payment among the parties complies with the False Claims Act. Apollo Group believes that after supplying the requested information to the court, the lawsuit will be dismissed in due course in accordance with the executed settlement agreement.

The information in Item 8.01 of this Form 8-K shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities under that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


	Apollo Group, Inc.
December 16, 2009	By:	/s/ Brian L. Swartz
		Name:	Brian L. Swartz
		Title:	Senior Vice President, Chief Financial Officer and Treasurer