Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-01185-WDM-PAC

Document 31-3

Filed 11/28/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1185-WDM-PAC GREG FELDMAN, Plaintiff, v. JOBSON PUBLISHING, LLC., a Delaware corporation, POSTGRADUATE INSTITUTE FOR MEDICINE, Inc., a member of the Jobson Education Group, a Delaware corporation, INTERNATIONAL CENTER FOR POSTGRADUATE MEDICAL EDUCATION, a member of the Jobson Education Group, a Delaware corporation. Defendants.

NOTICE OF RULE 30(b)(6) DEPOSITION PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Plaintiff, Greg Feldman, by and through his attorneys, will take the deposition of the most knowledgeable representative(s) of Defendants upon oral examination as to the matters set forth below. Defendants are required to designate one or more of their proper employees, officers, directors, managing agents, or other persons duly authorized to testify on their behalf, who have knowledge of the following matters: 1. The corporate structure of and relationship among Jobson Publishing, Postgraduate Institute for Medicine, and International Center for Postgraduate Medical Education. 2. The terms of the acquisition of Jobson Publishing in May 2005. 3. Any agreements relating to the assumption of liabilities and contingent liabilities of Jobson Publishing, Postgraduate Institute for Medicine, and International Center for Postgraduate Medical Education. 4. Insurance and/or indemnification agreements relating to the liabilities and contingent liabilities of Jobson Publishing, Postgraduate Institute for Medicine, and International Center for Postgraduate Medical Education. 5. The relationship between Defendants and Wicks Group. 6. The creation of XJP, LLC and its relationship to the already named Defendants and/or to Wicks Group. 7. The entity or entities that employed Plaintiff before, during, or after the merger of PIM and ICPME. 8. The number of employees each Defendant employed during relevant times to the litigation.

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Case 1:04-cv-01185-WDM-PAC

Document 31-3

Filed 11/28/2005

Page 2 of 3

9. The current number of employees each Defendant, XJP, and Wicks Group employs. The specific area of knowledge of Defendants' deponent(s) should be designated by reference to the paragraph numbers of the matters designated above. It is hereby requested that prompt notification in writing be given to Plaintiff's counsel of the name, address, telephone number, and job title of the person(s) designated by Defendants and the specific area(s) of knowledge, with reference to the paragraph numbers of the matters listed above, on which the person(s) will be testifying. In accordance with Fed. R. Civ. P. 34, the deponent, who is a party to this action, is required to produce the following documents, records or other materials at the deposition: 1. Purchase agreement and documents relating to the acquisition of Jobson Publishing in May 2005. 2. Documents relating to the creation of XJP, LLC, its relationship to the already named Defendants and to Wicks Group. 3. Documents that contain agreements relating to the assumption of liabilities and contingent liabilities of Jobson Publishing, Postgraduate Institute for Medicine, and International Center for Postgraduate Medical Education. 4. Documents containing insurance and/or indemnification agreements relating to the liabilities and contingent liabilities of Jobson Publishing, Postgraduate Institute for Medicine, and International Center for Postgraduate Medical Education. 5. Current assets and balance sheet information related to Defendants, XJP, and Wicks Group. 6. Payroll or other documents designating the entities that employed Plaintiff before, during, or after the merger of PIM and ICPME. The deposition will commence at 10:00 a.m. on December 1, 2005 at the University of Denver Student Law Office, 2255 East Evans Avenue, Denver, Colorado, before an officer authorized to take depositions and will continue until completed. The deposition will be recorded by stenographic means or by audiotape. You are invited to attend and cross-examine. Dated: November 21, 2005 s/ Julie Schmidt Julie Schmidt, Student Attorney STUDENT LAW OFFICE University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 E-mail: [email protected] s/ Laura Rovner Laura Rovner STUDENT LAW OFFICE University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 E-mail: [email protected]

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Case 1:04-cv-01185-WDM-PAC

Document 31-3

Filed 11/28/2005

Page 3 of 3

CERTIFICATE OF SERVICE The undersigned certifies that on November 21, 2005, a true and correct copy of the foregoing NOTICE OF RULE 30(b)(6) DEPOSITION was delivered via e-mail and United States mail, first-class postage pre-paid, for service on the following: Thomas Lyons Gillian Dale Hall & Evans 1125 17th Street, Suite 600 Denver, CO 80202 [email protected] [email protected] s/ Julie Schmidt Julie M. Schmidt, Student Attorney

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