Post on 21-Dec-2015
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V IRGIN IA :
IN THE CIRCUIT COURT OF AMHERST COUNTY
JESSICA CAMPBELL, BRITTANY
BEHRENS, DONNA BEHRENS, JOHN
BEHRENS, ALEXIA REDICK
BARTLETT, LELIA DUNNING,
ANDREW C. BENJAMIN, JANICE I.
BENJAMIN, MAKAYLA B. BENJAMIN
and CATHERINE PEEK,
Plaintiffs,
v.
SWEET BRIAR INSTITUTE, and
JAMES F. JONES, JR.,
INDIVIDUALLY and as INTERIM
PRESIDENT OF SWEET BRIAR
INSTITUTE,
Defendants.
Case No. CL15009390
MOTION FOR EXPEDITED HEARING ON PLAINTIFFS' MOTION
TO CONTINUE COLLEGE OPERATIONS, AND FOR RELATED RELIEF
The Plaintiffs, Jessica Campbell, Brittany Behrens, Donna Behrens, Alexia Redick
Bartlett, Lelia Dunning, Andrew C. Benjamin, Janice I. Benjamin, Makayla B. Benjamin and
Catherine Peek, by and through counsel, file this motion for an expedited hearing and discovery
in connection with her preliminary injunction motions. In support hereof, the Plaintiff states as
follows:
Background
1. The Plaintiffs have served a motion seeking a preliminary injunctions requiring
the Defendants to continue operating the college while this case is pending.
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2. The Plaintiffs respectfully request that the Court schedule an evidentiary hearing
on the motion within ten days, due to the concern that the college’s students and faculty will
make alternative arrangements for the fall semester.
3. It is imperative that the Court consider the motion on the merits at the soonest
possible time. In mid-March, the Defendants held a college fair at Sweet Briar to encourage
students to apply to other colleges. Sweet Briar’s students will begin accepting offers from other
colleges in the next few days, unless the Court orders the college to continue classes in the fall.
Any gap in operations could permanently destroy this century-old institution.
4. An expedited hearing will not prejudice the Defendants. According to press
reports, the Defendants have been preparing to close the college since at least December 2014,
and already have expert reports justifying their actions.
Discovery
5. In order to litigate the motion, the Plaintiffs will need a small amount of discovery
documents, currently in the control of the Defendants. The Plaintiffs are seeking the following
documents:
a) Annual financial statements (including income statements, balance
sheets, and statement of cash flows) for the Sweet Briar Institute
for the period from July 1, 2009 to the present;
b) Tax returns for the Sweet Briar Institute for the same period;
c) Copies of any expert reports used to justify the closing of the
college, or which the Defendants propose to use at the upcoming
hearing;
d) Copies of all e-mails from Defendant Jones to members of the
Sweet Briar Board of Directors, including without limitation Paul
Rice, for the period from September 1, 2014 to the present;
e) Copies of all trust documents relating to the Sweet Briar Institute,
together with any amendments thereto.
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6. The Plaintiffs respectfully requests that the Court order the Defendants to provide
the above-described documents to the Plaintiffs' counsel within six days prior to the date of the
hearing.
WHEREFORE, for the reasons set forth above, the Plaintiffs respectfully requests that
this Honorable Court approve the accompanying order.
Respectfully submitted,
By:_____________________
Elliott J. Schuchardt
VA Bar # 86721
SCHUCHARDT LAW FIRM
541 Redbud Street
Winchester, VA 22603
Phone: (412) 414-5138
E-mail: elliott016@gmail.com
Counsel for the Plaintiffs
CERTIFICATE OF SERVICE
I, Elliott Schuchardt, hereby certify that I served a true and correct copy of the foregoing
motion on the following persons on this 17th day of April 2015 by e-mail and first class mail,
postage prepaid:
Calvin W. Fowler, Jr. Esq.
Williams Mullen Clark Dobbins
200 S. 10th Street
Richmond, VA 23219
Counsel to Sweet Briar Institute & James F. Jones, Jr.
__________________________
Elliott J. Schuchardt
V IRGIN IA :
IN THE CIRCUIT COURT OF AMHERST COUNTY
JESSICA CAMPBELL, BRITTANY
BEHRENS, DONNA BEHRENS, JOHN
BEHRENS, ALEXIA REDICK
BARTLETT, LELIA DUNNING,
ANDREW C. BENJAMIN, JANICE I.
BENJAMIN, MAKAYLA B. BENJAMIN
and CATHERINE PEEK,
Plaintiffs,
v.
SWEET BRIAR INSTITUTE, and
JAMES F. JONES, JR.,
INDIVIDUALLY and as INTERIM
PRESIDENT OF SWEET BRIAR
INSTITUTE,
Defendants.
Case No. CL15009390
SCHEDULING ORDER
This matter came before the Court on the Plaintiffs' motion for an expedited hearing and
discovery on their motion for a preliminary injunction keeping Sweet Briar College open. After
having reviewed such motion and any opposition thereto, it is hereby ORDERED as follows:
1) The Court will hold a hearing on the Plaintiff’s motion for a preliminary
injunction order requiring the Defendants to keep Sweet Briar College open while this case is
pending on ____________, 2015 at ___:___ a.m./p.m. in Courtroom _____.
2) The Defendant shall provide copies of the following documents to the Plaintiffs'
counsel at least six calendar days prior the hearing on the academic motion:
a) Financial statements (including income statements, balance sheets,
and statement of cash flows) for the Sweet Briar Institute for the
period from July 1, 2009 to the present;
b) Tax returns for the Sweet Briar Institute for the same period;
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c) Copies of any expert reports used to justify the closing of the
college, or which Defendants propose to use at the upcoming
hearing;
d) Copies of all e-mails from Defendant Jones to members of the
Sweet Briar Board of Directors, including without limitation Paul
Rice, for the period from September 1, 2014 to the present;
e) Copies of all trust documents relating to the Sweet Briar Institute,
together with any amendments thereto.
Such documents shall be delivered by either fax, e-mail or overnight mail, so that the Plaintiffs'
counsel has actual possession of the documents no later than the end of the day, six days prior to
the date of such hearing.
BY THE COURT:
___________________________
Amherst County Circuit Judge