Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:04-cv-01551-JJF Document 371-2 Filed 10/O4/2007 Page1 0f3
EXHIBIT 1

Case 1 :04-cv-01551-JJF Document 371 -2 Filed 10/O4/2007 Page 2 of 3
" Exhibit 1. to the Proposed Pretrial Order
STATEMENT OF FACTS THAT ARE ADMITTED
AND REQUIRE NO PROOF
1. Student Finance Corporation ("SFC") is a corporation that was located in New
Castle, Delaware. Student Finance Corporation has been in bankruptcy since June 5, 2002.
Charles A. Stanzialc, Jr. was appointed Chapter 7 Trustee ofSFC.
2. From the time it was formed in 1992 until its bankruptcy in 2002, SFC was in the
business of making or originating loans to students at vocational schools (principally truck
driving schools) and purchasing loans made directly by vocational schools to students.
3. Pepper Hamilton LLP ("Pepper") is a law tirm with its principal office in
Philadelphia, Pennsylvania. Pepper also has an ofiice in Wilmington, Delaware. Pepper
represented SFC in various matters from 1996 through April 2002.
4. W. Roderick Gagné ("R.oderick Gagné") is a partner in the Pepper law tirm and has _
been since 1996. Roderick Gagné office is in Pepper’s Philadelphia office. Roderick Gagné
represented SFC in various matters from approximately 1994 through April 2002.
5. Maria DeCarlo, an employee of Pepper, was an Assistant Secretary of SFC from
1998 until her resignation from that position in May 2002.
6. Pepper and Roderick Gagné represented Andrew Yao, the President of SFC, and his
wife Lore Yao, with respect to several matters.
7. Pepper and Roderick Gagné formed Student Loan Servicing and Student Marketing
Services, affiliates of SFC, and represented them in several matters.
8. Roderick Gagné is a trustee ofthe Elizabeth B. Brennan Trust, the Elizabeth B.
Brennan Trust #2 i/b/0 Elizabeth L. Gagné, the Elizabeth B. Brennan Trust #2 f/b/0 Philip B.
Gagné, the James T. Brennan Trust Hb/0 Elizabeth L. Gagné, the James T. Brennan Trust t7b/o

Case 1 :04-cv-01551-JJF Document 371 -2 Filed 10/O4/2007 Page 3 of 3
Philip B. Gagné, and the James T. Brennan Trust Hb/0 W. Roderick Gagné, and a beneficiary of
the last trust. These trusts are referred to as the Brennan Trusts.
9. Pepper and Roderick Gagné represented the Brennan Trusts in various matters.
10. Certain ofthe Brennan Trusts, Pamela Gagné (Gagné’s wife), and Robert Bas!
(Gagné’s uncle) were shareholders of SPC from February 2000 until January 2001.
ll. CEC Partnership L.P. changed its name to Premier Education Group, LP. on or
about October 4, 2001.
12. CEC G.P., Inc. changed its name to Premier Education Group G.P., Inc. on or about
October 4, 2001.
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