UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

West Palm Beach Division

BRITTANY ROBERSON, REBECCA 

FREEMAN, BIANCA VIÑAS, TIFFANY 

KING, and TRESHA THOMPSON, 

individually and on behalf of others similarly 

situated,

 Plaintiffs, 

v.

HEALTH CAREER INSTITUTE LLC (dba 

HCI COLLEGE LLC and HCI 

ACQUISITION LLC), FLORIAN 

EDUCATION INVESTORS LLC, and 

STEVEN W. HART,

 Defendants.

Civil Action No. 9:22-cv-81883-RAR

PLAINTIFFS’ NOTICE OF INTENT TO SERVE SUBPOENAS

Pursuant to Rule 45(a)(4) of the Federal Rules of Civil Procedure, Plaintiffs hereby notify

Defendant of their intent to serve subpoenas on five third-party recipients as soon as can be 

reasonably effectuated, commanding production of documents, electronically stored information, 

or tangible things or the inspection of premises before trial. Copies of these subpoenas are attached 

hereto:

Exhibit A – Plaintiffs’ subpoena to be served on the Florida Board of Nursing (“BON”);

Exhibit B – Plaintiffs’ subpoena to be served on the Florida Commission for Independent 

Education (“CIE”);

Exhibit C – Plaintiffs’ subpoena to be served on the Florida Office of Financial 

Regulation;

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 1 of 23
Exhibit D – Plaintiffs’ subpoena to be served on HCI’s accreditor, the Accrediting 

Commission of Career Schools and Colleges (“ACCSC”);

Exhibit E – Plaintiffs’ subpoena to be served on the Accreditation Commission for 

Education in Nursing (“ACEN”).

Exhibit F – Plaintiffs’ subpoena to the Florida Department of Revenue (“DOR”).

Dated: 03/9/23

Respectfully submitted,

/s/ Nicole Mayer

NICOLE MAYER 

Florida Bar No. 012035

Nicole@MayerLawFlorida.com

171 Dommerich Drive.

Maitland, Florida 32751

(352) 494-3657

REBECCA EISENBREY

(pro hac vice)

reisenbrey@ppsl.org

ERIC SCHMIDT

(pro hac vice)

eschmidt@ppsl.org

Project on Predatory Student Lending

769 Centre Street, Suite 166

Jamaica Plain, MA 02130

(617) 390-2669

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 2 of 23
Certificate of Service

I hereby certify that a true and correct copy of the foregoing was emailed to all counsel of 

record on the 9th day of March 2023.

/s/ Nicole C. Mayer

SERVICE LIST

Michael John Carney

MJC-KD@kubickidraper.com

Barbara Elizabeth Fox

BF-KD@kubickidraper.com

Bob L. Harris

bharris@lawfla.com

ahopkins@lawfla.com

ccarstens@lawfla.com

James Joseph Dean

jdean@lawfla.com

tweiss@lawfla.com

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 3 of 23
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ATTACHMENT 

TO SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

TO THE FLORIDA BOARD OF NURSING

DEFINITIONS

1. “All” shall be construed as all, each, any, and every.

2. “Communications” is used in the broadest sense possible and means every manner of 

disclosure, transfer, or exchange of information to another Person or Persons, whether orally, written, 

electronically (including e-mail, voicemail, voicemail which is delivered by email, text messages, 

tweet, direct messages, instant messaging, other social media communication, and/or any other form 

of electronic correspondence or exchange), by Document, mail, personal delivery, face-to-face 

meeting, or otherwise. All such Communications in writing shall include, without limitation, printed, 

typed, handwritten, or other Documents. 

3. “Concerning” means relating to, referring to, describing, evidencing, or constituting, in 

whole or in part, directly or indirectly, the stated subject matter.

4. “Document(s)” means written, recorded, and graphic material of every kind and 

Electronically Stored Information—including drawings, graphs, charts, photographs, sound 

recordings, video recordings, images, and other data and data compilations—stored in any medium 

from which information can be obtained either directly or, if necessary, translated into a reasonably 

usable form. Document(s) includes the labels or metadata associated with each original or copy. 

5. “Electronically Stored Information,” or “ESI” means the complete original and any nonidentical copy (whether different from the original because of notations, different metadata, or 

otherwise) of any electronically created or stored information, including e-mail, instant messaging, 

videoconferencing, SMS, MMS, or other text messaging, and other electronic correspondence 

(whether active, archived, unsent, or in a sent or deleted-items folder), word processing files, 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 4 of 23
2

spreadsheets, databases, unorganized data, Document metadata, presentation files, video recordings, 

and sound recordings, regardless of how or where the information is stored, including if it is on a 

mobile device.

6. “HCI” refers to the Florida-based for-profit nursing school – known previously and 

variously as Health Career Institute, HCI, and HCI College – located in West Palm Beach, Florida, 

and operating campuses both in West Palm Beach and in Fort Lauderdale, Florida. These campuses 

offer ASN degrees for students seeking to become Registered Nurses (“RNs”). The West Palm Beach 

campus currently operates under NCLEX code 704146, and previously operated under NCLEX code 

70755. The Fort Lauderdale campus operates under NCLEX code 704135.

7. “HCI’s nursing program” refers to the programs of study HCI offered RN students at both 

its West Palm Beach and Fort Lauderdale campuses.

INSTRUCTIONS

1. These Requests are continuing Requests. Any additional Documents that are received, 

discovered, or created after the time of initial production are required to be produced promptly.

2. All responsive Documents are to be produced in electronic format, transmitted via email 

or contained on a reviewable USB drive, CD, or some similar medium of production.

3. If any responsive Documents are withheld on an assertion of privilege or other immunity 

from disclosure, the following information must be provided:

a. statement of the basis for the claim of privilege or other immunity from disclosure; 

b. the date of the Document; 

c. the Document’s authors, recipients, and all persons copied on the Document 

(including blind copied) and, if applicable, their titles and employer; and 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 5 of 23
3

d. a description of the subject matter of the Document that is sufficient to assess the 

merits of the claim of privilege.

4. If no Documents exist that are responsive to a particular Request, this must be so stated in 

writing. 

5. If objecting to any Request, please state with specificity the grounds for each such 

objection.

6. All Documents relevant to this District Court Action and responsive to the Requests must 

be preserved.

REQUESTS FOR PRODUCTION

1. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any findings by the Board of Nursing that HCI’s nursing program warranted probationary 

status.

2. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any academic deficiencies – including clinical programs, curricular standards, faculty 

qualifications, or programmatic quality – at HCI’s nursing program.

3. All Documents, ESI, and Communications from between January 1, 2017 and the present 

concerning the NCLEX passage rates, graduation rates, enrollment figures (including demographic 

data), and outcome metrics of HCI’s nursing program.

4. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning HCI’s application for, and the Board’s consideration and approval of, a new NCLEX code

in 2018.

5. HCI’s 2021 Annual Report submitted to the Board for its nursing program operating under 

NCLEX code 704146.

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 6 of 23
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ATTACHMENT 

TO SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

TO THE FLORIDA COMMISSION OF INDEPENDENT EDUCATION

DEFINITIONS

1. “All” shall be construed as all, each, any, and every.

2. “Communications” is used in the broadest sense possible and means every manner of 

disclosure, transfer, or exchange of information to another Person or Persons, whether orally, written, 

electronically (including e-mail, voicemail, voicemail which is delivered by email, text messages, 

tweet, direct messages, instant messaging, other social media communication, and/or any other form 

of electronic correspondence or exchange), by Document, mail, personal delivery, face-to-face 

meeting, or otherwise. All such Communications in writing shall include, without limitation, printed, 

typed, handwritten, or other Documents. 

3. “Concerning” means relating to, referring to, describing, evidencing, or constituting, in 

whole or in part, directly or indirectly, the stated subject matter.

4. “Document(s)” means written, recorded, and graphic material of every kind and 

Electronically Stored Information—including drawings, graphs, charts, photographs, sound 

recordings, video recordings, images, and other data and data compilations—stored in any medium 

from which information can be obtained either directly or, if necessary, translated into a reasonably 

usable form. Document(s) includes the labels or metadata associated with each original or copy. 

5. “Electronically Stored Information,” or “ESI” means the complete original and any nonidentical copy (whether different from the original because of notations, different metadata, or 

otherwise) of any electronically created or stored information, including e-mail, instant messaging, 

videoconferencing, SMS, MMS, or other text messaging, and other electronic correspondence 

(whether active, archived, unsent, or in a sent or deleted-items folder), word processing files, 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 7 of 23
2

spreadsheets, databases, unorganized data, Document metadata, presentation files, video recordings, 

and sound recordings, regardless of how or where the information is stored, including if it is on a 

mobile device.

6. “HCI” refers to the Florida-based for-profit nursing school – known previously and 

variously as Health Career Institute, HCI, and HCI College – located in West Palm Beach, Florida, 

and operating campuses both in West Palm Beach and in Fort Lauderdale, Florida.

7. “HCI’s nursing program” refers to the programs of study HCI offered RN students at both 

its West Palm Beach and Fort Lauderdale campuses.

INSTRUCTIONS

1. These Requests are continuing Requests. Any additional Documents that are received, 

discovered, or created after the time of initial production are required to be produced promptly.

2. All responsive Documents are to be produced in electronic format, transmitted via email 

or contained on a reviewable USB drive, CD, or some similar medium of production.

3. If any responsive Documents are withheld on an assertion of privilege or other immunity 

from disclosure, the following information must be provided:

a. statement of the basis for the claim of privilege or other immunity from disclosure; 

b. the date of the Document; 

c. the Document’s authors, recipients, and all persons copied on the Document 

(including blind copied) and, if applicable, their titles and employer; and 

d. a description of the subject matter of the Document that is sufficient to assess the 

merits of the claim of privilege.

4. If no Documents exist that are responsive to a particular Request, this must be so stated in 

writing. 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 8 of 23
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5. If objecting to any Request, please state with specificity the grounds for each such 

objection.

6. All Documents relevant to this District Court Action and responsive to the Requests must 

be preserved.

REQUESTS FOR PRODUCTION

1. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any findings of wrongdoing by HCI, audits, reviews, or reviews of academic outcomes

related to HCI’s nursing program.

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 9 of 23
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ATTACHMENT 

TO SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

TO THE FLORIDA OFFICE OF FINANCIAL REGULATION

DEFINITIONS

1. “All” shall be construed as all, each, any, and every.

2. “Communications” is used in the broadest sense possible and means every manner of 

disclosure, transfer, or exchange of information to another Person or Persons, whether orally, written, 

electronically (including e-mail, voicemail, voicemail which is delivered by email, text messages, 

tweet, direct messages, instant messaging, other social media communication, and/or any other form 

of electronic correspondence or exchange), by Document, mail, personal delivery, face-to-face 

meeting, or otherwise. All such Communications in writing shall include, without limitation, printed, 

typed, handwritten, or other Documents. 

3. “Concerning” means relating to, referring to, describing, evidencing, or constituting, in 

whole or in part, directly or indirectly, the stated subject matter.

4. “Document(s)” means written, recorded, and graphic material of every kind and 

Electronically Stored Information—including drawings, graphs, charts, photographs, sound 

recordings, video recordings, images, and other data and data compilations—stored in any medium 

from which information can be obtained either directly or, if necessary, translated into a reasonably 

usable form. Document(s) includes the labels or metadata associated with each original or copy. 

5. “Electronically Stored Information,” or “ESI” means the complete original and any nonidentical copy (whether different from the original because of notations, different metadata, or 

otherwise) of any electronically created or stored information, including e-mail, instant messaging, 

videoconferencing, SMS, MMS, or other text messaging, and other electronic correspondence 

(whether active, archived, unsent, or in a sent or deleted-items folder), word processing files, 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 10 of 23
2

spreadsheets, databases, unorganized data, Document metadata, presentation files, video recordings, 

and sound recordings, regardless of how or where the information is stored, including if it is on a 

mobile device.

6. “HCI” refers to the Florida-based for-profit nursing school – known previously and 

variously as Health Career Institute, HCI, and HCI College – located in West Palm Beach, Florida, 

and operating campuses both in West Palm Beach and in Fort Lauderdale, Florida.

7. “Tuition Options” refers to a third-party student loan servicer based in Mount Laurel 

Township, NJ, which services retail installment contracts on behalf of HCI.

INSTRUCTIONS

1. These Requests are continuing Requests. Any additional Documents that are received, 

discovered, or created after the time of initial production are required to be produced promptly.

2. All responsive Documents are to be produced in electronic format, transmitted via email 

or contained on a reviewable USB drive, CD, or some similar medium of production.

3. If any responsive Documents are withheld on an assertion of privilege or other immunity 

from disclosure, the following information must be provided:

a. statement of the basis for the claim of privilege or other immunity from disclosure; 

b. the date of the Document; 

c. the Document’s authors, recipients, and all persons copied on the Document 

(including blind copied) and, if applicable, their titles and employer; and 

d. a description of the subject matter of the Document that is sufficient to assess the 

merits of the claim of privilege.

4. If no Documents exist that are responsive to a particular Request, this must be so stated in 

writing. 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 11 of 23
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5. If objecting to any Request, please state with specificity the grounds for each such 

objection.

6. All Documents relevant to this District Court Action and responsive to the Requests must 

be preserved.

REQUESTS FOR PRODUCTION

1. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any licensure applications submitted by either HCI or Tuition Options, particularly with 

respect to retail installment contracts.

2. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any audits, reviews, regulatory oversight, or findings of wrongdoing related to HCI.

3. All Documents, ESI, and Communications from between January 1, 2017, and the present 

referencing whether for-profit post-secondary institutions in general, or a specific for-profit postsecondary institution, must possess a Florida license to offer retail installment contracts to students in 

connection with tuition and fees.

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 12 of 23
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ATTACHMENT 

TO SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

TO THE ACCREDITING COMMISSION OF CAREER SCHOOLS & COLLEGES

DEFINITIONS

1. “All” shall be construed as all, each, any, and every.

2. “Communications” is used in the broadest sense possible and means every manner 

of disclosure, transfer, or exchange of information to another Person or Persons, whether orally, 

written, electronically (including e-mail, voicemail, voicemail which is delivered by email, text 

messages, tweet, direct messages, instant messaging, other social media communication, and/or 

any other form of electronic correspondence or exchange), by Document, mail, personal delivery, 

face-to-face meeting, or otherwise. All such Communications in writing shall include, without 

limitation, printed, typed, handwritten, or other Documents. 

3. “Concerning” means relating to, referring to, describing, evidencing, or 

constituting, in whole or in part, directly or indirectly, the stated subject matter.

4. “Document(s)” means written, recorded, and graphic material of every kind and 

Electronically Stored Information—including drawings, graphs, charts, photographs, sound 

recordings, video recordings, images, and other data and data compilations—stored in any medium 

from which information can be obtained either directly or, if necessary, translated into a reasonably 

usable form. Document(s) includes the labels or metadata associated with each original or copy. 

5. “Electronically Stored Information,” or “ESI” means the complete original and any 

non-identical copy (whether different from the original because of notations, different metadata, 

or otherwise) of any electronically created or stored information, including e-mail, instant 

messaging, videoconferencing, SMS, MMS, or other text messaging, and other electronic 

correspondence (whether active, archived, unsent, or in a sent or deleted-items folder), word 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 13 of 23
2

processing files, spreadsheets, databases, unorganized data, Document metadata, presentation 

files, video recordings, and sound recordings, regardless of how or where the information is stored, 

including if it is on a mobile device.

6. “HCI” refers to the Florida-based for-profit nursing school – known previously and 

variously as Health Career Institute, HCI, and HCI College – located in West Palm Beach, Florida, 

and operating campuses both in West Palm Beach and in Fort Lauderdale, Florida. These campuses 

offer ASN degrees for students seeking to become Registered Nurses (“RNs”). The West Palm 

Beach campus currently operates under NCLEX code 704146, and previously operated under 

NCLEX code 70755. The Fort Lauderdale campus operates under NCLEX code 704135.

7. “HCI’s nursing program” refers to the programs of study HCI offered RN students 

at both its West Palm Beach and Fort Lauderdale campuses.

INSTRUCTIONS

1. These Requests are continuing Requests. Any additional Documents that are 

received, discovered, or created after the time of initial production are required to be produced 

promptly.

2. All responsive Documents are to be produced in electronic format, transmitted via 

email or contained on a reviewable USB drive, CD, or some similar medium of production.

3. If any responsive Documents are withheld on an assertion of privilege or other 

immunity from disclosure, the following information must be provided:

a. statement of the basis for the claim of privilege or other immunity from 

disclosure; 

b. the date of the Document; 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 14 of 23
3 

c. the Document’s authors, recipients, and all persons copied on the Document

(including blind copied) and, if applicable, their titles and employer; and

d. a description of the subject matter of the Document that is sufficient to assess

the merits of the claim of privilege.

4. If no Documents exist that are responsive to a particular Request, this must be so

stated in writing. 

5. If objecting to any Request, please state with specificity the grounds for each such

objection. 

6. All Documents relevant to this District Court Action and responsive to the Requests

must be preserved.

REQUESTS FOR PRODUCTION

1. All Documents, ESI, and Communications from between January 1, 2017 and the

present concerning any findings of deficient academic outcomes related to HCI’s nursing 

programs. 

2. All Documents, ESI, and Communications from between January 1, 2017 and the

present concerning HCI’s nursing programs failure to meet accreditation requirements. 

3. All Annual Reports (as defined in Section V(B) of the ACCSC Standards of

Accreditation Rules of Process and Procedure, provided to You by HCI College, or provided by 

another on HCI College’s behalf, from between January 1, 2017, and the present.

4. Between January 1, 2017, and the present, all Notices (as described in Section

V(B)(6) of the ACCSC Standards of Accreditation Rules of Process and Procedure) that You 

provided HCI College regarding an Annual Report raising questions about the continued 

)

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 15 of 23
4 

compliance of the school with ACCSC standards or requirements and all Documents referencing 

or discussing the contents of such notices. 

5. All Annual Financial Statements (as described in Section V(C) of the ACCSC

Standards of Accreditation Rules of Process and Procedure) provided to You by HCI College, or 

provided by another on HCI College’s behalf, from between January 1, 2017, and the present. 

6. All Notification Reports (as described in Section V(E) of the ACCSC Standards of

Accreditation Rules of Process and Procedure) and supporting and/or related Documents and 

Communications provided to You by HCI College, or provided by another on HCI College’s 

behalf. 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 16 of 23
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ATTACHMENT 

TO SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

TO THE ACCREDITATION COMMISSION FOR EDUCATION IN NURSING

DEFINITIONS

1. “All” shall be construed as all, each, any, and every.

2. “Communications” is used in the broadest sense possible and means every manner 

of disclosure, transfer, or exchange of information to another Person or Persons, whether orally, 

written, electronically (including e-mail, voicemail, voicemail which is delivered by email, text 

messages, tweet, direct messages, instant messaging, other social media communication, and/or 

any other form of electronic correspondence or exchange), by Document, mail, personal delivery, 

face-to-face meeting, or otherwise. All such Communications in writing shall include, without 

limitation, printed, typed, handwritten, or other Documents. 

3. “Concerning” means relating to, referring to, describing, evidencing, or 

constituting, in whole or in part, directly or indirectly, the stated subject matter.

4. “Document(s)” means written, recorded, and graphic material of every kind, 

including Electronically Stored Information—including drawings, graphs, charts, photographs, 

sound recordings, video recordings, images, and other data and data compilations—stored in any 

medium from which information can be obtained either directly or, if necessary, translated into a 

reasonably usable form. Document(s) includes the labels or metadata associated with each original 

or copy. 

5. “Electronically Stored Information,” or “ESI,” means the complete original and any 

non-identical copy (whether different from the original because of notations, different metadata, 

or otherwise) of any electronically created or stored information, including e-mail, instant 

messaging, videoconferencing, SMS, MMS, or other text messaging, and other electronic 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 17 of 23
2

correspondence (whether active, archived, unsent, or in a sent or deleted-items folder), word 

processing files, spreadsheets, databases, unorganized data, Document metadata, presentation 

files, video recordings, and sound recordings, regardless of how or where the information is stored, 

including if it is on a mobile device.

6. “HCI” refers to the Florida-based for-profit nursing school known as HCI College, 

previously and variously as Health Career Institute, Health Career Institutes, and HCI, 

headquartered in West Palm Beach, Florida, and operating campuses both in West Palm Beach 

and in Fort Lauderdale. These campuses offer ASN degrees for students seeking to become 

Registered Nurses (“RNs”). The West Palm Beach campus currently operates under NCLEX code 

704146, and previously operated under NCLEX code 70755. The Fort Lauderdale campus operates 

under NCLEX code 704135.

7. “HCI’s nursing program” refers to the programs of study HCI offered students 

seeking to become RNs at both its West Palm Beach and Fort Lauderdale campuses.

INSTRUCTIONS

1. These Requests are continuing Requests. Any additional Documents that are 

received, discovered, or created after the time of initial production are required to be produced 

promptly.

2. All responsive Documents are to be produced in electronic format, transmitted via 

email or contained on a reviewable USB drive, CD, or some similar medium of production.

3. If any responsive Documents are withheld on an assertion of privilege or other 

immunity from disclosure, the following information must be provided:

a. statement of the basis for the claim of privilege or other immunity from disclosure; 

b. the date of the Document; 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 18 of 23
3

c. the Document’s authors, recipients, and all persons copied on the Document 

(including blind copied) and, if applicable, their titles and employer; and 

d. a description of the subject matter of the Document that is sufficient to assess the 

merits of the claim of privilege.

4. If objecting to any Request on grounds other than privilege or immunity, please 

state with specificity the grounds for each such objection. 

5. If no Documents exist that are responsive to a particular Request, this must be so 

stated in writing. 

6. All Documents relevant to this District Court Action and responsive to the Requests 

must be preserved.

REQUESTS FOR PRODUCTION

1. All Candidacy Eligibility Applications submitted by HCI for the nursing programs 

it offered to students seeking to become RNs between January 1, 2016, and the present.

2. All Candidacy Presentations submitted by HCI for the nursing programs it offered 

to students seeking to become RNs between January 1, 2016, and the present.

3. All Documents, ESI, and Communications between January 1, 2016, and the 

present concerning any applications that HCI submitted on behalf of HCI’s nursing programs 

seeking programmatic accreditation.

4. All Documents, ESI, and Communications between January 1, 2016, and the 

present concerning ACEN’s review of any applications HCI submitted seeking programmatic 

accreditation for HCI’s nursing programs.

5. All Documents, ESI, and Communications between January 1, 2016, and the 

present concerning any withdrawal from ACEN accreditation or ACEN candidacy status by HCI.

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6. All Communication between You and HCI regarding HCI’s mention of ACEN on 

HCI’s websites. 

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ATTACHMENT 

TO SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

TO THE FLORIDA DEPARTMENT OF REVENUE

DEFINITIONS

1. “All” shall be construed as all, each, any, and every.

2. “Communications” is used in the broadest sense possible and means every manner of 

disclosure, transfer, or exchange of information to another Person or Persons, whether orally, written, 

electronically (including e-mail, voicemail, voicemail which is delivered by email, text messages, 

tweet, direct messages, instant messaging, other social media communication, and/or any other form 

of electronic correspondence or exchange), by Document, mail, personal delivery, face-to-face 

meeting, or otherwise. All such Communications in writing shall include, without limitation, printed, 

typed, handwritten, or other Documents. 

3. “Concerning” means relating to, referring to, describing, evidencing, or constituting, in 

whole or in part, directly or indirectly, the stated subject matter.

4. “Document(s)” means written, recorded, and graphic material of every kind and 

Electronically Stored Information—including drawings, graphs, charts, photographs, sound 

recordings, video recordings, images, and other data and data compilations—stored in any medium 

from which information can be obtained either directly or, if necessary, translated into a reasonably 

usable form. Document(s) includes the labels or metadata associated with each original or copy. 

5. “Electronically Stored Information,” or “ESI” means the complete original and any nonidentical copy (whether different from the original because of notations, different metadata, or 

otherwise) of any electronically created or stored information, including e-mail, instant messaging, 

videoconferencing, SMS, MMS, or other text messaging, and other electronic correspondence 

(whether active, archived, unsent, or in a sent or deleted-items folder), word processing files, 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 21 of 23
2

spreadsheets, databases, unorganized data, Document metadata, presentation files, video recordings, 

and sound recordings, regardless of how or where the information is stored, including if it is on a 

mobile device.

6. “HCI” refers to the Florida-based for-profit nursing school – known previously and 

variously as Health Career Institute, HCI, and HCI College – located in West Palm Beach, Florida, 

and operating campuses both in West Palm Beach and in Fort Lauderdale, Florida.

7. “Tuition Options” refers to a third-party student loan servicer based in Mount Laurel 

Township, NJ, which services retail installment contracts on behalf of HCI.

INSTRUCTIONS

1. These Requests are continuing Requests. Any additional Documents that are received, 

discovered, or created after the time of initial production are required to be produced promptly.

2. All responsive Documents are to be produced in electronic format, transmitted via email 

or contained on a reviewable USB drive, CD, or some similar medium of production.

3. If any responsive Documents are withheld on an assertion of privilege or other immunity 

from disclosure, the following information must be provided:

a. statement of the basis for the claim of privilege or other immunity from disclosure; 

b. the date of the Document; 

c. the Document’s authors, recipients, and all persons copied on the Document 

(including blind copied) and, if applicable, their titles and employer; and 

d. a description of the subject matter of the Document that is sufficient to assess the 

merits of the claim of privilege.

4. If no Documents exist that are responsive to a particular Request, this must be so stated in 

writing. 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 22 of 23
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5. If objecting to any Request, please state with specificity the grounds for each such 

objection.

6. All Documents relevant to this District Court Action and responsive to the Requests must 

be preserved.

REQUESTS FOR PRODUCTION

1. All Documents, ESI, and Communications from between January 1, 2017, and the present 

discussing whether for-profit post-secondary institutions must pay documentary stamp tax for 

instruments signed in Florida that evidence indebtedness resulting from retail installment contracts 

offered by the institutions to their students for payment of tuition and fees.

2. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any documentary stamp tax paid by HCI College, or on HCI College’s behalf, in 

connection with the retail installment contracts it offers its students.

3. All Documents, ESI, and Communications from between January 1, 2017, and the present 

concerning any documentary stamp tax paid by Tuition Options in connection with the retail 

installment contracts debt obligations that it services for HCI College. 

Case 9:22-cv-81883-RAR Document 49-1 Entered on FLSD Docket 03/21/2023 Page 23 of 23