Case:16-21382-JGR Doc#:231 Filed:02/23/17 Entered:02/23/17 16:06:19 Page1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) WESTON EDUCATIONAL, INC. ) Case No. 16-21382-JGR ) Chapter 7 Debtor. ) CHAPTER 7 TRUSTEE S EX PARTE MOTION FOR EXAMINATION OF OFFICERS AND DIRECTORS PURSUANT TO FED. R. BANKR. P. 2004 Simon E. Rodriguez, Chapter 7 Trustee of Weston Educational, Inc. ( Trustee ), through his undersigned Special Counsel, respectfully moves this Court for an order authorizing the Trustee to examine several of Debtor s officers and directors pursuant to Fed. R. Bank. P. 2004, and in support thereof states as follows: 1. Trustee is the duly appointed Chapter 7 Trustee of Weston Educational, Inc. ( Debtor ). Among Trustee s duties is the duty to investigate the financial affairs of the Debtor. 11 U.S.C. 704(a)(4). 2. Pursuant to Fed. R. Bankr. P. 2004(b) and in connection with the Trustee s performance of his duties, Trustee seeks authorization to conduct an examination of those directors and officers identified on Exhibit A (the Examinees ) who worked for Debtor before the commencement of Debtor s chapter 7 case. The examination will relate to the acts, conduct, assets, liabilities, and financial affairs of the Debtor, the operation of the Debtor s business, and other matters relevant to the case, including any matter that may affect the administration of the Debtor s estate. 3. In conjunction with the examination, the Trustee may compel the production of certain records, pursuant to Fed. R. Bankr. P. 9016, which the Trustee believes may be in the possession of the Examinees. A copy of the proposed document production requests for the various Examinees is attached hereto as Exhibit B. 4. The Trustee requests that the Court authorize the Rule 2004 examinations of the Examinees. The examinations shall be scheduled at dates not earlier than fourteen (14) days from the date of service of the subpoena upon the respective Examinee pursuant to Fed. R. Bankr. P. 9016, at the offices of Ogborn Mihm, LLP, located at 1700 Broadway, Suite 1900, Denver, Colorado 80209 or at such other location that may be required based upon an Examinee s residence or agreement.
Case:16-21382-JGR Doc#:231 Filed:02/23/17 Entered:02/23/17 16:06:19 Page2 of 2 WHEREFORE, the Trustee respectfully requests that this Court enter an Order authorizing the Trustee to conduct an examination of the Examinees pursuant to Fed. R. Bankr. P. 2004, and for such other and further relief as the Court deems appropriate. DATED this 23rd day of February, 2017. Respectfully submitted, OGBORN MIHM, LLP /s/ Susan Hardie Jacks Susan Hardie Jacks, #32642 1700 Broadway, Suite 1900 Denver, Colorado 80209 Phone: (303) 592-5900/Fax: (303) 592-5910 susie.jacks@omtrial.com Special Counsel to Simon E. Rodriguez, Chapter 7 Trustee
Case:16-21382-JGR Doc#:231-1 Filed:02/23/17 Entered:02/23/17 16:06:19 Page1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) WESTON EDUCATIONAL, INC. ) Case No. 16-21382-JGR ) Chapter 7 Debtor. ) ORDER GRANTING TRUSTEE S EX PARTE MOTION FOR EXAMINATION OF OFFICERS AND DIRECTORS PURSUANT TO FED. R. BANKR. P. 2004 THIS MATTER having come before the Court on the Ex Parte Motion for Examination of Officers and Directors Pursuant to Fed. R. Bankr. P. 2004 (the Motion ) filed by Simon E. Rodriguez, Chapter 7 Trustee ( Trustee ), and the Court, being advised on the premises, HEREBY ORDERS that the Trustee s Motion is GRANTED. Trustee is authorized to examine the Examinees identified on the attached Exhibit A pursuant to Fed. R. Bankr. P. 2004. The examinations shall be scheduled at a date no earlier than fourteen (14) days from the date of service of the subpoena compelling attendance at the respective examination pursuant to Fed. R. Bankr. P. 9016. Dated this day of, 2017. BY THE COURT: U.S. BANKRUPTCY JUDGE
Case:16-21382-JGR Doc#:231-1 Filed:02/23/17 Entered:02/23/17 16:06:19 Page2 of 2 Weston Educational, Inc. Rule 2004 Examinees Earl Weston - Director, President, and CEO Fort Collins, CO Pamela L. Weston - Director and Secretary Fort Collins, CO Eric Chiusolo - CEO Broomfield, CO James Mallory - Chief Information Officer Westminster, CO Robert Banta - CFO Timnath, CO EXHIBIT A Venkat-Raj Otilingam - VP Quantitative Finance & Analytics and CFO Anaheim, CA Jonathan Rico - National Director of Business Operations Keller, TX Karl Petersen - Regional VP Operations Ladue, MO Kathleen Crowley - VP Communications Broomfield, CO Christine Spath - Controller Castle Ridge, CO Denise Aberle-Cannata - VP Academics Parker, CO Kelly Schnitker - VP Admissions Fort Collins, CO Jennifer Lozada - VP Career Services Fort Meyers, FL
Case:16-21382-JGR Doc#:231-2 Filed:02/23/17 Entered:02/23/17 16:06:19 Page1 of 1 Weston Educational, Inc. Rule 2004 Examinees Earl Weston - Director, President, and CEO Fort Collins, CO Pamela L. Weston - Director and Secretary Fort Collins, CO Eric Chiusolo - CEO Broomfield, CO James Mallory - Chief Information Officer Westminster, CO Robert Banta - CFO Timnath, CO Venkat-Raj Otilingam - VP Quantitative Finance & Analytics and CFO Anaheim, CA Jonathan Rico - National Director of Business Operations Keller, TX Karl Petersen - Regional VP Operations Ladue, MO Kathleen Crowley - VP Communications Broomfield, CO Christine Spath - Controller Castle Ridge, CO Denise Aberle-Cannata - VP Academics Parker, CO Kelly Schnitker - VP Admissions Fort Collins, CO Jennifer Lozada - VP Career Services Fort Meyers, FL
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page1 of 21 A. Definitions EXHIBIT B EARL WESTON 2004 EXAMINATION 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request. 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to Earl Weston.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page2 of 21 B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. 3. All documents relating to the increase of salaries for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 5. All financial reports for the Debtor generated during the period commencing January 1, 2014 and ending November 21, 2016. 6. All financial reports generated monthly and provided to you by any Weston Educational, Inc. officer or employee during the period commencing January 1, 2014 and ending October 21, 2016. 7. All documents relating to the failure to produce monthly financial reports and to provide them to you during the period commencing June 1, 2014 and ending
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page3 of 21 October 21, 2016. 8. All documents exchanged between you and John Lavery or any other employee of Almich & Associates from January 1, 2016 through October 21, 2016. 9. All documents related to your and/or John Lavery s (i) requests for financial reports and/or (ii) Weston Educational, Inc. s failure to produce monthly financial reports commencing around December 2015 throughout 2016. 10. All documents relating to meetings between you and Eric Chiusolo during the time period commencing June 1, 2014 and ending October 21, 2016. 11. All documents relating to correspondence between you and Eric Chiusolo during the time period January 1, 2014 through November 21, 2016. 12. All documents relating to any meetings you attended concerning Weston Educational, Inc. during the time period commencing January 1, 2014 and ending November 21, 2016. 13. The audited financial statements for Weston Educational, Inc. for 2014, 2015 and 2016. 14. Documents exchanged between you and any officer or director of Weston Educational, Inc. relating to system failures and crashes, including the failure of the Campus View program. 15. Documents relating to Weston Educational, Inc. s efforts to obtain financing during 2016. 16. Documents relating to work or services performed by Eric Chiusolo for Weston Enterprises, Inc. and/or Weston Distance Learning, Inc. 17. All corporate resolutions, minutes of meetings of the directors, or other memorandum of actions approved or not approved by you as a director of Weston Educational, Inc. during the period January 1, 2014 through November 21, 2016. 18. Documents relating to your consideration of the application of the WARN Act or similar state employee notification laws in connection with the termination of employment of Weston Educational, Inc. s employees.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page4 of 21 A. Definitions EXHIBIT B PAMELA WESTON 2004 EXAMINATION 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request. 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to Pamela Weston.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page5 of 21 B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. 3. All documents relating to the increase of salaries for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 5. All financial reports for the Debtor generated during the period commencing January 1, 2014 and ending November 21, 2016. 6. All financial reports generated monthly and provided to you by any Weston Educational, Inc. officer or employee during the period commencing January 1, 2014 and ending October 21, 2016. 7. All documents relating to the failure to produce monthly financial reports and to provide them to you during the period commencing June 1, 2014 and ending
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page6 of 21 October 21, 2016. 8. All documents exchanged between you and John Lavery or any other employee of Almich & Associates from January 1, 2016 through October 21, 2016. 9. All documents related to your and/or John Lavery s (i) requests for financial reports and/or (ii) Weston Educational, Inc. s failure to produce monthly financial reports commencing around December 2015 throughout 2016. 10. All documents relating to meetings between you and Eric Chiusolo during the time period commencing June 1, 2014 and ending October 21, 2016. 11. All documents relating to correspondence between you and Eric Chiusolo during the time period January 1, 2014 through November 21, 2016. 12. All documents relating to any meetings you attended concerning Weston Educational, Inc. during the time period commencing January 1, 2014 and ending November 21, 2016. 13. The audited financial statements for Weston Educational, Inc. for 2014, 2015 and 2016. 14. Documents exchanged between you and any officer or director of Weston Educational, Inc. relating to system failures and crashes, including the failure of the Campus View program. 15. Documents relating to Weston Educational, Inc. s efforts to obtain financing during 2016. 16. Documents relating to work or services performed by Eric Chiusolo for Weston Enterprises, Inc. and/or Weston Distance Learning, Inc. 17. All corporate resolutions, minutes of meetings of the directors, or other memorandum of actions approved or not approved by you as a director of Weston Educational, Inc. during the period January 1, 2014 through November 21, 2016. 18. Documents relating to your consideration of the application of the WARN Act or similar state employee notification laws in connection with the termination of employment of Weston Educational, Inc. s employees.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page7 of 21 A. Definitions EXHIBIT B ERIC CHIUSOLO 2004 EXAMINATION 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request. 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to Eric Chiusolo.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page8 of 21 B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. 3. All documents relating to the increase of salaries for any of the Debtor s employee, including you, from December 1, 2015 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employee, including you, from December 1, 2015 through November 21, 2016. 5. All financial reports generated during the period commencing June 1, 2014 and ending October 21, 2016. 6. All financial reports generated monthly and provided to Earl Weston during the period commencing June 1, 2014 and ending October 21, 2016. 7. All documents relating to the failure to produce monthly financial reports and to provide them to Earl Weston during the period commencing June 1, 2014 and ending October 21, 2016.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 Entered:02/23/17 16:06:19 Page9 of 21 8. All documents exchanged between you and John Lavery or any other employee of Almich & Associates from January 1, 2016 through October 21, 2016. 9. All documents related to Earl Weston s and/or John Lavery s (i) requests for financial reports and/or (ii) Weston Educational, Inc. s failure to produce monthly financial reports commencing around December 2015 throughout 2016. 10. All documents relating to meetings between you and Earl Weston during the time period commencing June 1, 2014 and ending October 21, 2016. 11. Documents exchanged between you and any officer or director of Weston Educational, Inc. relating to system failures and crashes, including the failure of the Campus View program. 12. Documents relating to your efforts in 2016, on behalf of Weston Educational, Inc., to obtain financing. 13. Documents relating to work or services performed by you for Weston Enterprises, Inc. and/or Weston Distance Learning, Inc.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page10 of A. Definitions EXHIBIT B JAMES MALLORY 2004 EXAMINATION 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request. 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to James Mallory.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page11 of B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. 3. All documents relating to the increase of salaries for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 5. All financial reports for the Debtor generated during the period commencing January 1, 2014 and ending November 21, 2016. 6. All financial reports generated monthly and provided to you by any Weston Educational, Inc. officer or employee during the period commencing January 1, 2014 and ending November 21, 2016. 7. All documents relating to the failure to produce monthly financial reports during the period commencing June 1, 2014 and ending October 21, 2016.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page12 of 8. All documents relating to meetings between you and Eric Chiusolo during the time period commencing June 1, 2014 and ending October 21, 2016. 9. All documents relating to correspondence between you and Eric Chiusolo relating to Weston Educational, Inc. during the time period January 1, 2014 through November 21, 2016. 10. All documents created by you or under your supervision and provided to Eric Chiusolo, Earl Weston, or any other officer or director of Weston Educational, Inc.; Weston Enterprises, Inc.; Weston Distance Learning, Inc. concerning the information technology of any of those entities or their affiliates. 11. All documents reflecting work you performed on behalf of Weston Enterprises, Inc.; Weston Distance Learning, Inc. or their affiliates. 12. All documents reflecting compensation for work you performed on behalf of Weston Enterprises, Inc.; Weston Distance Learning, Inc. or their affiliates. 13. All documents relating to any meetings you attended concerning Weston Educational, Inc. during the time period commencing January 1, 2014 and ending November 21, 2016. 14. Documents exchanged between you and any officer or director of Weston Educational, Inc. relating to system failures and crashes, including the failure of the Campus View program. 15. Documents related to Weston Educational, Inc. s systems for data backup.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page13 of EXHIBIT B ROBERT BANTA 2004 EXAMINATION A. Definitions 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request. 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to Robert Banta.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page14 of B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. during the period January 1, 2014 through November 1, 2016. 3. All documents relating to the increase of salaries for any of the Debtor s employee, including you, from December 1, 2015 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employee, including you, from December 1, 2015 through November 21, 2016. 5. All financial reports generated during the period commencing June 1, 2014 and ending November 21, 2016. 6. All financial reports generated monthly and provided to Earl Weston during the period commencing June 1, 2014 and ending October 21, 2016. 7. All documents relating to the failure to produce monthly financial reports and to provide them to Earl Weston during the period commencing June 1, 2014 and
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page15 of ending October 21, 2016. 8. All documents exchanged between you and John Lavery or any other employee of Almich & Associates from January 1, 2016 through October 21, 2016. 9. All documents related to Earl Weston s and/or John Lavery s (i) requests for financial reports and/or (ii) Weston Educational, Inc. s failure to produce monthly financial reports commencing around December 2015 throughout 2016. 10. All documents relating to meetings between you and Earl Weston during the time period commencing June 1, 2014 and ending October 21, 2016. 11. All documents relating to meetings between you and Eric Chiusolo during the time period commencing June 1, 2014 and ending October 21, 2016. 12. All documents relating to correspondence between you and Eric Chiusolo during the time period commencing June 1, 2014 and ending October 21, 2016. 13. Documents exchanged between you and any officer or director of Weston Educational, Inc. relating to system failures and crashes, including the failure of the Campus View program. 14. Documents relating to efforts in 2016, on behalf of Weston Educational, Inc., to obtain financing. 15. Documents relating to work or services performed by you for Weston Enterprises, Inc. and/or Weston Distance Learning, Inc.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page16 of A. Definitions EXHIBIT B VENKAT-RAJ OTILINGAM 2004 EXAMINATION 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request. 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to Venkat-Raj Otilingam.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page17 of B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. 3. All documents relating to the increase of salaries for any of the Debtor s employees, including you, from January 1, 2016 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employees, including you, from January 1, 2016 through November 21, 2016. 5. All financial reports for the Debtor generated during the period commencing January 1, 2016 and ending November 21, 2016. 6. All financial reports generated monthly and provided to you by any Weston Educational, Inc. officer or employee during the period commencing January 1, 2016 and ending November 21, 2016. 7. All documents relating to the failure to produce monthly financial reports during the period commencing June 1, 2014 and ending November 21, 2016.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page18 of 8. All documents relating to meetings between you and Eric Chiusolo during the time period commencing June 1, 2014 and ending October 21, 2016. 9. All documents relating to correspondence between you and Eric Chiusolo relating to Weston Educational, Inc. during the time period January 1, 2014 through November 21, 2016. 10. All documents created by you or under your supervision and provided to Eric Chiusolo, Earl Weston, or any other officer or director of Weston Educational, Inc.; Weston Enterprises, Inc.; Weston Distance Learning, Inc. relating to your job responsibilities. 11. All documents reflecting work you performed on behalf of Weston Enterprises, Inc.; Weston Distance Learning, Inc. or their affiliates. 12. All documents reflecting compensation for work you performed on behalf of Weston Enterprises, Inc.; Weston Distance Learning, Inc. or their affiliates. 13. All documents relating to any meetings you attended concerning Weston Educational, Inc. during the time period commencing January 1, 2016 and ending November 21, 2016. 14. Documents exchanged between you and any officer or director of Weston Educational, Inc. relating to system failures and crashes, including the failure of the Campus View program. 15. Documents related to Weston Educational, Inc. s systems for data backup. 16. Documents relating to Weston Educational, Inc. s efforts to obtain financing during 2016.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page19 of EXHIBIT B 2004 EXAMINATIONS JONATHAN RICO KARL PETERSON KATHLEEN CROWLEY DENISE-ABERLE-CANNATA JENNIFER LOZADA KELLY SCHNITKER CHRISTINE SPATH A. Definitions 1. The use of and and or shall be construed conjunctively or disjunctively as necessary to bring within the scope of these requests all information that might otherwise be construed to be outside its scope. The singular shall include the plural and vice versa. The use of the masculine shall be deemed to include the feminine as appropriate, and vice versa. The use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these requests matters that might otherwise be construed to be outside their scope. 2. The term relating to as used herein should be interpreted as broadly as possible and means and includes, but is not limited to, the terms concerning, arising from, referring to, pertaining to, describing, evidencing and constituting. 3. Document is used in its broadest sense as defined in F.R.E. 1001 and Fed.R.Civ.P. 34(a), whichever rule shall be broader in the context, and specifically includes all manner of written, typewritten, printed, electronic or recorded material whatsoever, including any computerized, graphic, mechanical or oral records or recordings of any kind, correspondence, letters, electronic mail, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intraoffice communications, offers, notations of conversations, records of phone calls or meetings, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures, photographs, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records, computer files and all drafts, alterations, modifications, changes and amendments of any of the foregoing, which are in your actual or constructive possession, custody or control. All originals and nonidentical copies shall be deemed separate Documents. This definition includes e-mail which has been deleted but can still be retrieved. 4. The term Debtor refers to Weston Educational, Inc. doing business as Heritage College, Heritage Institute, and Missouri College. 5. The term Response Date refers to the date you produce documents responsive to this request.
Case:16-21382-JGR Doc#:231-3 Filed:02/23/17 21 Entered:02/23/17 16:06:19 Page20 of 6. The term Bankruptcy Case refers to In re Weston Educational, Inc., Case No. 16-21382-JGR, pending in the United States Bankruptcy Court for the District of Colorado. 7. The term you or your refers to the person named in the attached Subpoena. B. Instructions 1. This document request covers all documents and data in your possession, custody, or control and any of your attorneys, accountants, tax preparers, agents or representatives, wherever located. 2. If any document or data covered by this document request is withheld by reason of any objection, a list is to be furnished at the time the documents and data are to be produced identifying each such document or data for which the objection is made, including without limitation the following information with respect to each document or data withheld: (1) the name, business affiliation, business address, telephone number, and business capacity or title of the person who prepared it and the person or persons who signed it; (2) the name, business affiliation, business address, telephone number, and business capacity or title of each person to whom it was addressed; (3) the date the document was prepared or data was entered; (4) the date the document or data was received; (5) the nature and substance of the document or data with sufficient particularity to enable the same to be identified, including without limitation its title, subject matter, and number of pages; and (6) the name, business affiliation, business address, and telephone number of each person who presently has possession, control, or custody of the original or a copy of the document or data. C. Requests for Production of Documents You are hereby ordered to produce the following: 1. Every employment agreement, formal or informal, between you and the Debtor, including all documents that describe the terms of your employment. 2. Every employment agreement, formal or informal, between the Debtor and any person you hired to work for Weston Educational, Inc. 3. All documents relating to the increase of salaries for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016. 4. All documents relating to the payment of bonuses for any of the Debtor s employees, including you, from January 1, 2014 through November 21, 2016.