Exhibit A 

 

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 1 of 31
No. Request Order Custodians Search Terms

7

Please produce all documents used to train HCI 

recruiters, professors, instructors, financial aid 

representatives, career services representatives, 

program heads, and department heads in the RN 

Program, including handbooks, PowerPoints, 

manuals, script books, and training videos

HCI shall produce all responsive documents, but 

limited to recruiters, financial aid representatives, 

and career services representatives.

N/A N/A

9

Please produce all documents reflecting the 

responsibilities of financial aid advisors, explanation 

of the criteria used to evaluate their performance, 

and the compensation structure of financial aid 

advisors during the Relevant Period, including what 

percentage of compensation is derived from each 

separate criterion.

HCI shall produce all responsive documents. N/A N/A

11

Please produce all documents reflecting the 

responsibilities and performance of HCI recruiters 

and admissions officers, including recruitment 

policies and procedures, script books, quotas for 

contact with students and enrollment, performance 

evaluation metrics, and lead sheets.

HCI shall produce all responsive documents. N/A N/A

21

Please produce all internal communications 

regarding HCI’s application to the BON for approval 

of its RN Program(s) from 2013 to the present, 

including information about applicants, enrollees, 

number of graduates, student retention rates, and 

accreditation.

HCI shall produce responsive "communications," but 

limited to the 2018 BON West Palm Beach 

application and the BON Fort Lauderdale application 

that followed it. The term "communications" shall be 

limited to emails, letters, text messages, internal 

memoranda, and reports used in connection with, 

and minutes of, executive committee meetings. The 

term "internal" means by or between employees of 

any HCI or any other Defendants.

Arlette Petersson, Alecia Dennis, Knolan DeVevo, 

Celeste Blackwell, Pedro De Guzman, Darlene Riggs, 

Johanna Lane, Catrina Leandre, David Shelpman, 

Desiree Voita, Dawn Lopater, Steven Hart, Ryan 

Miller

("FBON" or "BON" or "Board of Nursing" or "board") 

& application; ("FBON" or "BON" or "Board of 

Nursing" or "board") & "new program"; ("FBON" or 

"BON" or "Board of Nursing" or "board") & 

"graduation"; ("FBON" or "BON" or "Board of 

Nursing" or "board") & "enrollment"

23

Please produce all communications with the BON 

from 2016 to the present concerning the actual or 

potential placement of the RN Program on 

probationary status.

HCI shall produce all responsive documents.

Arlette Petersson, Alecia Dennis, Knolan DeVevo, 

Celeste Blackwell, Pedro De Guzman, Darlene Riggs, 

Johanna Lane, Catrina Leandre, David Shelpman, 

Desiree Voita, Dawn Lopater, Steven Hart, Ryan 

Miller

("@flhealth.gov" or "@floridanursing.gov") & 

probation; ("@flhealth.gov" or 

"@floridanursing.gov") & ("accreditation" or 

"accredited" or "ACEN"); ("@flhealth.gov" or 

"@floridanursing.gov") & ("NCLEX" or "boards")

27

Please produce all communications with ACEN 

between 2016 and the present concerning any 

applications submitted by HCI seeking programmatic 

accreditation for the RN Program, including any such 

applications.

HCI shall produce all responsive documents.

Arlette Petersson, Alecia Dennis, Knolan DeVevo, 

Celeste Blackwell, Pedro De Guzman, Darlene Riggs, 

Johanna Lane, Catrina Leandre, David Shelpman, 

Desiree Voita, Dawn Lopater, Steven Hart, Ryan 

Miller

"@acenursing.org" & "application"; 

"@acenursing.org" & "site visit"; "acenursing.org" & 

"probation"; "acenursing.org" & "clinical"; 

"acenursing.org" & ("NCLEX" or "boards"); 

"acenursing.org" & "candidacy"; "acenursing.org" & 

"compliance" 

28

Please produce all communications with ACEN 

between 2016 and the present concerning ACEN’s 

review of any applications submitted by HCI seeking 

programmatic accreditation for the RN Program.

HCI shall produce all responsive documents.

Arlette Petersson, Alecia Dennis, Knolan DeVevo, 

Celeste Blackwell, Pedro De Guzman, Darlene Riggs, 

Johanna Lane, Catrina Leandre, David Shelpman, 

Desiree Voita, Dawn Lopater, Steven Hart, Ryan 

Miller

"@acenursing.com" & "application"; 

"@acenursing.com" & "site visit"; "@acenursing.org" 

& "probation"; "@acenursing.org" & "clinical"; 

"@acenursing.org" & ("NCLEX" or "boards"); 

"@acenursing.org" & "candidacy"; 

"@acenursing.org" & "compliance"; 

"@acenursing.org" & "defer*"

35

Please produce all documents relating to HCI’s 

relationship with ATI, and all documents relating to 

the purchase and/or use of Virtual-ATI.

HCI shall produce all documents pertaining to the 

legal relationship between ATI and any of the 

Defendants, such as contracts, in effect from 1/1/19 

to the present.

Arlette Petersson, Alecia Dennis, Knolan DeVevo, 

Celeste Blackwell, Pedro De Guzman, Darlene Riggs, 

Johanna Lane, Catrina Leandre, David Shelpman, 

Desiree Voita, Dawn Lopater, Steven Hart, Ryan 

Miller

"ATI" & "contract"; "ATI" & "legal"; "ATI" & "liability" 

38

Please produce all web, print, radio, television, and 

any other advertisement for the RN Program from 

2017 to present.

HCI shall produce all responsive documents. N/A N/A

43

Please produce all non-privileged communications 

regarding the above-captioned lawsuit, including all 

communications with or about the Named Plaintiffs.

HCI shall produce responsive communications, but 

limited to those with Sachs Media, or with Florian 

Education Investors, LLC, or with any investors in 

Florian Education Investors, LLC, or with any 

investors in HCI.

Arlette Petersson, Alecia Dennis, Knolan DeVevo, 

Celeste Blackwell, Pedro De Guzman, Darlene Riggs, 

Johanna Lane, Catrina Leandre, David Shelpman, 

Desiree Voita, Dawn Lopater, Steven Hart, Ryan 

Miller

"Sachs" & ("lawsuit" or "litigation" or "case" or "suit" 

or "roberson" or "plaintiffs" or "PPSL" or "Project on 

Predatory Student Lending" or "Harvard"); ("Florian" 

or "FEI") & ("lawsuit" o+A1:E11r "litigation" or "case" 

or "suit" or "roberson" or "plaintiffs" or "PPSL" or 

"Project on Predatory Student Lending" or 

"Harvard") 

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 2 of 31
Exhibit B 

 

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 3 of 31
From: Rebecca Eisenbrey

To: Victoria Roytenberg; "Michael J. Carney"; "Barbara Fox"

Cc: Jennifer Thelusma; Clay Losier

Subject: RE: Discovery Proposal

Date: Friday, November 3, 2023 2:46:00 PM

Hi all,

Just writing to memorialize our agreement on these search terms, modified only to remove the

terms for RFP 35 and to correct the typo in RFP 43.

Have a lovely weekend,

Becca

From: Victoria Roytenberg <VRoytenberg@ppsl.org> 

Sent: Thursday, November 2, 2023 12:41 PM

To: 'Michael J. Carney' <mjc@kubickidraper.com>; 'Barbara Fox' <bf@kubickidraper.com>

Cc: Rebecca Eisenbrey <REisenbrey@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>; Clay

Losier <nicole@mayerlawflorida.com>

Subject: Discovery Proposal

Hello Mike,

Apologies for the delay, here’s our compromise proposal. You’ll see it’s quite narrow and based

largely on the searches we proposed prior to the hearing. We can talk it through on our call in a bit.

Thanks.

Victoria Roytenberg

Senior Attorney

Project on Predatory Student Lending Inc.

769 Centre Street, Suite 166

Jamaica Plain, MA 02130

(617)322-2459

https://www.ppsl.org/

Pronouns: she/her

This communication may be privileged and confidential, and may relate to legal matters, which may

be subject to the attorney-client privilege. If you are not the intended designated recipient of this

communication, you should destroy this email and any attachments or copies, and you are

prohibited from retaining, distributing, disclosing, or using any information contained herein. Please

notify the sender of any error by return email or by calling (617)-322-2459. Thank you.

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 4 of 31
Exhibit C 

 

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 5 of 31
From: Victoria Roytenberg

To: Michael J. Carney; Clay Losier; Lily Wong; Barbara Fox

Cc: Jennifer Thelusma; Rebecca Eisenbrey

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issue s- Post Meeting Follow-Up

Date: Monday, January 8, 2024 3:36:54 PM

Attachments: image009.png

image010.png

image011.png

image012.png

image013.png

Thank you, Mike. We will file it today.

From: Michael J. Carney <mjc@kubickidraper.com> 

Sent: Monday, January 8, 2024 3:25 PM

To: Victoria Roytenberg <VRoytenberg@ppsl.org>; Clay Losier <nicole@mayerlawflorida.com>; Lily

Wong <lw@kubickidraper.com>; Barbara Fox <bf@kubickidraper.com>

Cc: Jennifer Thelusma <Jthelusma@ppsl.org>; Rebecca Eisenbrey <REisenbrey@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issue s- Post Meeting

Follow-Up

The Motion is fine, Victoria

Hopefully we will have a lot of agreements in the next couple days, per our discussions.

TY

Mike

Michael J. Carney

Shareholder

Direct (954) 713-2323

Fax (954) 768-0514

mjc@kubickidraper.com

110 E. Broward Blvd., Suite 1400

Fort Lauderdale, Florida 33301

Committed to DEI, and proudly certified: RING Platinum

From: Victoria Roytenberg [mailto:VRoytenberg@ppsl.org] 

Sent: Monday, January 08, 2024 3:04 PM

To: Clay Losier; Lily Wong; Barbara Fox; Michael J. Carney

Cc: Jennifer Thelusma; Rebecca Eisenbrey

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issue s- Post Meeting

Follow-Up

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 6 of 31
Hello Mike,

I wanted to follow up on the email below. Also, attached is a Joint Motion for Further

Extension of Time (for plaintiffs to file a motion to compel). We would like to file this today.

Please let us know if you agree to file it jointly and if you have any edits. Otherwise, please let

us know your position on the motion.

Thank you,

Victoria

From: nicole@mayerlawflorida.com <nicole@mayerlawflorida.com> 

Sent: Friday, January 5, 2024 7:22 PM

To: Lily Wong <lw@kubickidraper.com>; 'Barbara Fox' <bf@kubickidraper.com>; 'Michael J. Carney'

<mjc@kubickidraper.com>

Cc: Victoria Roytenberg <VRoytenberg@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>;

Rebecca Eisenbrey <REisenbrey@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issue s- Post Meeting

Follow-Up

Hello Mike,

Just writing to recap our call today and provide info. you requested. Please let us know if

any of this is incorrect or if we forgot anything.

Motion to Compel Timing

You asked that we wait to file a motion to compel until after you file Defendants’ response

to the class cert. motion. We agree and will send a motion next week with a request to

change our current Jan. 9th deadline. The hope is that we can reduce the number of

disputes before filing any such motion.

Plaintiffs’ Second Set of RFPs to HCI

Search of Communications Using Search Terms

10/27/23 Order from Judge McCabe (ECF No. 133, ¶ 3) stated that “to the extent any

documents ordered to be produced by way of this Order include emails” the parties

were to agree on search terms within a week of the order.

Communications were ordered to be produced for:

RFP Nos. 23, 27, 28 - All responsive communications to be produced.

RFP No. 21 - Limited to communications regarding the 2018 BON WPB

application and Ft. Lauderdale application (including emails, letters, text

messages, internal memos, reports, ExCom meetings)

RFP No. 43 – Limited to communications with Sachs Media, FEI, any FEI

investor, or any HCI investor about this lawsuit.

We agreed on search terms by 11/3/23 and all docs. were to be produced within 30

days of the Order (though we granted an extension)

Please advise if these searches were run and if all documents retrieved from use of the

search terms (meaning without further limiting by Defendant) have been produced.

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 7 of 31
RFP No. 1 You stated you would review Alecia Dennis’s testimony and look into whether

there are any processes, policies, etc. that have not been produced.

RFP No. 2 You stated you would look into whether there are any other meeting notes

referencing the 50% Rule that have not been produced.

RFP No. 21 HCI produced just six pages which were emails. You asked that I identify

these by Bates numbers. The Bates Nos. are HCI025380-25385. You stated you

would look to see if there are any responsive communications not produced and

whether any ExCom meeting minutes are responsive since the court ordered

their production.

RFP No. 43 You said you would check to see if there are any other communications

about this lawsuit with Sacks Media, FEI, or any FEI investor about this lawsuit

(which the court ordered produced)

Plaintiffs’ Third Set of RFPs to HCI

RFP Nos. 4, 5, 7, 24, 27, 28, 29 – You said these are RFPs for which documents are still

forthcoming. Lily will provide a complete index, including identifying the Bates

numbers for docs. previously produced which HCI’s responses stated had

already been provided (RFP Nos. 6, 12, 14).

RFP Nos. 1 & 2 You advised you would confer with your client to look into whether the

financial documents we identified by name are easily produced, and if so, may be

willing to produce the documents.

RFP No. 9 You stated you would check to see if there are other meeting notes regarding

the choice of Exit Exam and let us know.

RFP No. 10 You stated you would:

a. Determine the basis for the heavy redactions in the ExCom meeting minutes

that were produced and not listed on HCI’s privilege log (see Bates 28383-

28426) and determine if these could be unredacted or whether an in camera

inspection by the court is appropriate;

b. Determine why so few ExCom meeting minutes were produced (including but

not limited to the meeting minutes missing for the meetings held on the dates

listed on page 7 of our meet & confer letter); and

c. Respond to our request for additional information on HCI’s privilege log about

why 7 sets of ExCom meeting mins. were withheld as privileged.

RFP No. 13 You stated that you could agree to produce written policies, processes, and

documents mentioned by Alecia Dennis in her deposition. You consider the

request for communications a separate issue. Whether we need to compel on this

may be impacted by whether the search of communications reference in at the

beginning of this email was performed.

RFP No. 14 You stated you would check to see if there are written processes and

communications regarding student advancement that have not been produced.

You also stated you would include in your index the Bates numbers for the

documents your response states were already produced.

RFP No. 15 You stated that agreements with Tatsiana Tuchinsky may be produced but

that you needed to look into this.

RFP No. 25 You agreed that the limitations we placed on the requests in italicized text

seemed fair.

RFP No. 28 Regarding the request for docs. and communications reflecting payments

made by HCI to or on behalf of FEI . . . . You stated that you were “putting a pin

in” this request, which we think means resting on your objections. In response to

this, and HCI’s resistance to producing financial documents, I asked what you

would request if you were seeking discovery about the connection/overlap

between two related defendants. You stated this was an interesting question and

that you would think about this. If you have any ideas, we are happy to consider

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 8 of 31
them.

Plaintiffs’ Second Set of RFPs to FEI

Missing documents – We explained that we think it is critical that HCI produce

the missing investor documents listed on pages 10 and 11 of our meet and

confer letter and that if not produced, we will need to seek these through

third-parties. You stated you would look into why certain documents were

missing and get back to us.

RFP No. 10 We did not specifically discuss this during our call but are we correct

in presuming that it will be handled the same as HCI’s financial

documents? I believe Ryan Miller testified that he keeps these docs. for FEI

as well. If not, the accounting firm would have them.

Jan. 2023 VM transcript at FLORIAN000875 You stated you would look into why

this document was redacted and listed on FEI’s privilege log. We explained

we saw no basis for withholding a document sent to investors.

Withheld draft investor report – You stated you would look into why a draft

investor report (referred to in FLORIAN00212) was withheld as privileged

and consider our request for additional information in the privilege log such

as the identity of the client and the attorney holding the privilege.

Upcoming Depositions

As discussed, we would like to take one day to depose Celeste Blackwell and David

Shelpman while we are in WPB for the Cooke and Bonds depos. It is preferable (but

not required) to do the Bonds or Cooke depo the first day since you plan to start those

at 11am; therefore, those of us in Florida could drive to WPB that morning and do two

nights in a hotel rather than 3.

We look forward to hearing from you.

Nicole

From: Andrea Gibson <Andrea.Gibson@kubickidraper.com> 

Sent: Friday, January 5, 2024 8:56 AM

To: 'Rebecca Eisenbrey' <REisenbrey@ppsl.org>; Lily Wong <LW@kubickidraper.com>; Clay Losier

<nicole@mayerlawflorida.com>; Barbara Fox <bf@kubickidraper.com>; Michael J. Carney

<mjc@kubickidraper.com>

Cc: Victoria Roytenberg <VRoytenberg@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Good morning

Lets go with 2:30 pm. Shall I send a zoom link?

From: Rebecca Eisenbrey [mailto:REisenbrey@ppsl.org] 

Sent: Thursday, January 04, 2024 6:58 PM

To: Andrea Gibson; Lily Wong; Clay Losier; Barbara Fox; Michael J. Carney

Cc: Victoria Roytenberg; Jennifer Thelusma

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 9 of 31
Subject: Re: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Hi Andrea, do we have a time tomorrow?

From: Rebecca Eisenbrey <REisenbrey@ppsl.org>

Sent: Thursday, January 4, 2024 12:15:35 PM

To: Andrea Gibson <Andrea.Gibson@kubickidraper.com>; Lily Wong <lw@kubickidraper.com>; Clay

Losier <nicole@mayerlawflorida.com>; Barbara Fox <bf@kubickidraper.com>; Michael J. Carney

<mjc@kubickidraper.com>

Cc: Victoria Roytenberg <VRoytenberg@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>

Subject: Re: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Andrea, we’re available tomorrow from 2 to 5.

From: Andrea Gibson <Andrea.Gibson@kubickidraper.com>

Sent: Thursday, January 4, 2024 10:22 AM

To: Rebecca Eisenbrey <REisenbrey@ppsl.org>; Lily Wong <lw@kubickidraper.com>; Clay

Losier <nicole@mayerlawflorida.com>; Barbara Fox <bf@kubickidraper.com>; Michael J.

Carney <mjc@kubickidraper.com>

Cc: Victoria Roytenberg <VRoytenberg@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Good morning

Mike Carney is in transit and has been delayed in getting back to the office. Please advise your

availability for Friday, 1/5/24 after 2pm. Once you confirm, I will send out a calendar invite. Thank

you.

Andrea Gibson

Legal Assistant

Direct (954) 713-2309

Fax (954) 768-0514

Andrea.Gibson@kubickidraper.com

110 E. Broward Blvd., Suite 1400

Fort Lauderdale, Florida 33301

Committed to DEI, and proudly certified: RING Platinum

From: Rebecca Eisenbrey [mailto:REisenbrey@ppsl.org] 

Sent: Wednesday, January 03, 2024 6:23 PM

To: Lily Wong; Clay Losier; Barbara Fox; Michael J. Carney

Cc: Victoria Roytenberg; Jennifer Thelusma; Andrea Gibson 

Subject: Re: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 10 of

31
And happy New Year!

From: Rebecca Eisenbrey <REisenbrey@ppsl.org>

Sent: Wednesday, January 3, 2024 6:22:50 PM

To: Lily Wong <lw@kubickidraper.com>; Clay Losier <nicole@mayerlawflorida.com>; Barbara Fox

<bf@kubickidraper.com>; Michael J. Carney <mjc@kubickidraper.com>

Cc: Victoria Roytenberg <VRoytenberg@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>;

Andrea Gibson <Andrea.Gibson@kubickidraper.com>

Subject: Re: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Thanks, Lily and Andrea. Please let us know as soon as possible.

From: Lily Wong <LW@kubickidraper.com>

Sent: Wednesday, January 3, 2024 3:51:47 PM

To: Clay Losier <nicole@mayerlawflorida.com>; Barbara Fox <bf@kubickidraper.com>; Michael J.

Carney <mjc@kubickidraper.com>

Cc: Victoria Roytenberg <VRoytenberg@ppsl.org>; Jennifer Thelusma <Jthelusma@ppsl.org>;

Rebecca Eisenbrey <REisenbrey@ppsl.org>; Andrea Gibson <Andrea.Gibson@kubickidraper.com>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Hi Nicole,

Happy New Year!

Mike is in transit. I’ve cc’ed our assistant Andrea to this email chain, she’ll be able to confirm the

time for the telephone conference tomorrow.

Thank you,

Lily

Lily Wong

Attorney

Direct (954) 713-2319

Fax (954) 768-0514

LW@kubickidraper.com

110 E. Broward Blvd., Suite 1400

Fort Lauderdale, Florida 33301

Committed to DEI, and proudly certified: RING Platinum

From: nicole@mayerlawflorida.com [mailto:nicole@mayerlawflorida.com] 

Sent: Wednesday, January 03, 2024 3:45 PM

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 11 of

31
To: Barbara Fox; Michael J. Carney; Lily Wong

Cc: 'Victoria Roytenberg'; 'Jennifer Thelusma'; 'Rebecca Eisenbrey'

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Hello. We would appreciate knowing what time you are available to speak with us

tomorrow.

Nicole

From: nicole@mayerlawflorida.com <nicole@mayerlawflorida.com> 

Sent: Tuesday, January 2, 2024 3:23 PM

To: 'Barbara Fox' <bf@kubickidraper.com>; 'Michael J. Carney' <mjc@kubickidraper.com>; 'Lily

Wong' <LW@kubickidraper.com>

Cc: 'Victoria Roytenberg' <VRoytenberg@ppsl.org>; 'Jennifer Thelusma' <Jthelusma@ppsl.org>;

'Rebecca Eisenbrey' <REisenbrey@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Hello. Just following up to see what time works best for you on Thursday for a call.

To the extent you can provide an earlier written response to some of the issues raised

in our letter (for example, the requests for which the responses stated documents

were produced but for which we did not receive documents) this would help narrow

our call on Thursday.

Thank you.

Nicole

From: nicole@mayerlawflorida.com <nicole@mayerlawflorida.com> 

Sent: Saturday, December 23, 2023 12:14 PM

To: 'Barbara Fox' <bf@kubickidraper.com>; 'Michael J. Carney' <mjc@kubickidraper.com>; 'Lily

Wong' <LW@kubickidraper.com>

Cc: 'Victoria Roytenberg' <VRoytenberg@ppsl.org>; 'Jennifer Thelusma' <Jthelusma@ppsl.org>;

'Rebecca Eisenbrey' <REisenbrey@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

On the 4th, we are available 11-12 or 12:30-2:45.

From: Barbara Fox <bf@kubickidraper.com> 

Sent: Friday, December 22, 2023 2:51 PM

To: 'nicole@mayerlawflorida.com' <nicole@mayerlawflorida.com>; Michael J. Carney

<mjc@kubickidraper.com>; Lily Wong <LW@kubickidraper.com>

Cc: 'Victoria Roytenberg' <VRoytenberg@ppsl.org>; 'Jennifer Thelusma' <Jthelusma@ppsl.org>;

'Rebecca Eisenbrey' <REisenbrey@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Case 9:22-cv-81883-RAR Document 157-1 Entered on FLSD Docket 01/16/2024 Page 12 of

31
I am guessing that due to the holidays the 4th is probably more feasible. Let me know the times you

are available.

From: nicole@mayerlawflorida.com [mailto:nicole@mayerlawflorida.com] 

Sent: Friday, December 22, 2023 2:37 PM

To: Barbara Fox; Michael J. Carney; Lily Wong

Cc: 'Victoria Roytenberg'; 'Jennifer Thelusma'; 'Rebecca Eisenbrey'

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Thank you, Barbara. Please let us know if having a call at 2:30 on Tuesday January

2nd would allow enough time for you to consider the discovery issues raised in our

letter and to confer with you client if you deem necessary. If not, we are free most of

the 3rd and the 4th as well.

Thank you and Happy Holidays to all.

Nicole

From: Barbara Fox <bf@kubickidraper.com> 

Sent: Friday, December 22, 2023 11:56 AM

To: 'nicole@mayerlawflorida.com' <nicole@mayerlawflorida.com>; Michael J. Carney

<mjc@kubickidraper.com>; Lily Wong <LW@kubickidraper.com>

Cc: 'Victoria Roytenberg' <VRoytenberg@ppsl.org>; 'Jennifer Thelusma' <Jthelusma@ppsl.org>;

'Rebecca Eisenbrey' <REisenbrey@ppsl.org>

Subject: RE: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Hi Nicole,

We can agree to extend the deadline and speak after the new year. Happy Holidays.

Barbara Fox

Shareholder

Direct (305) 982-6716

Fax (305) 374-7846

bf@kubickidraper.com

9100 S. Dadeland Blvd., Suite 1800

Miami, Florida 33156

Committed to DEI, and proudly certified: RING Platinum

From: nicole@mayerlawflorida.com [mailto:nicole@mayerlawflorida.com] 

Sent: Thursday, December 21, 2023 8:44 PM

To: Michael J. Carney; Lily Wong; Barbara Fox

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Cc: 'Victoria Roytenberg'; 'Jennifer Thelusma'; 'Rebecca Eisenbrey'

Subject: Roberson v. HCI - Meet and Confer Re: Outstanding Discovery Issues

Counsel,

Attached is a meet and confer letter regarding several outstanding discovery

issues. Specifically, issues related to HCI’s Responses and Production to

Plaintiffs’ Third Set of RFPs, HCI’s Production in Response to Court Order No.

133, and FEI’s Production and Responses to Plaintiffs’ Second Set of RFPs.

Given the number of outstanding discovery issues, the upcoming holidays, and

the pending court deadlines, would Defendants agree to extend Plaintiffs’

deadline for moving to compel on any of these discovery issues until January

9th? Our goal would be to conclude the meet and confer discussions by January

4th so that we would have time to draft any necessary motions to compel prior

to the 9th.

If Defendants are willing to grant this request, we will draft a motion reflecting

this agreement.

Thank you.

Nicole

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Exhibit D 

 

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Exhibit E 

 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

CASE NO.: 9:22-cv-81883- RAR 

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, 

 

Defendant(s) 

DEFENDANT’S, HEALTH CAREER INSTITUTE’S 

PRIVILEGE LOG TO ITS RESPONSES PURSUANT TO COURT ORDER [DE 133] 

 Defendant, Health Career Institute, (“Defendant”), by and through its attorneys, and 

pursuant to Rule 34 of the Federal Rules of Civil Procedure and the Local Rules of this Court, 

provides its privilege log to its responses pursuant to Court Order [DE 133]: 

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2

 

We hereby certify that on this 29th day of November 2023, a true and correct copy of the 

foregoing was served via email on counsel of record for Plaintiffs. 

 KUBICKI DRAPER

110 East Broward Boulevard, Suite 1400 

Ft. Lauderdale, Florida 33301 

Direct Line: (954) 713-2323 

 Attorneys for Defendants 

MJC-KD@kubickidraper.com

 BF-KD@kubickidraper.com 

 /s/ Michael J. Carney

 MICHAEL J. CARNEY (FBN 44326) 

 BARBARA FOX (FBN155608) 

 

Bates Document 

type

Date Author Recipients Subject 

matter

Privilege 

Asserted

HCI023580-83 Email August 2, 

2018

Steve Chema Robert Bonds, 

Trish Leonard, 

Larry Brown

Steve Hart

Legal advice 

regarding 

applying for 

new 

program to 

FBON.

Attorney/client

HCI023584-85 Email July 27, 

2018

Robert

Bonds

Steve Chema,

Trish Leonard

Larry Brown

Steven Hart

Seeking 

legal advise 

regarding 

application 

to FBON. 

Attorney/client

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