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