FILED: NEW YORK COUNTY CLERK 07/05/ :13 PM INDEX NO /2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/05/2016

Transcription

1 FILED: NEW YORK COUNTY CLERK 07/05/ :13 PM INDEX NO /2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/05/ of 20

2 2 of 20

3 3 of 20

4 4 of 20

5 5 of 20

6 6 of 20

7 7 of 20

8 ATTACHMENT A 8 of 20

9 From: Dean D [mailto:dean@exitcertified.com] Sent: Friday, June 10, :23 PM To: Monica Cummings <monica.cummings@netcomlearning.com>; Robert Holmes <rholmes@netcomlearning.com>; Disha Kamra <disha@netcomlearning.com>; David Fremed <david@netcomlearning.com>; Uma Sharma <uma@netcomlearning.com>; Sarah Hedeen <sarah@netcomlearning.com>; William Dolan <william.dolan@netcomlearning.com>; Daniel Yun <dyun@netcomlearning.com>; Sunita Crasto <sunita@netcomlearning.com>; Accounting <accounting@netcomlearning.com>; Eileah Phinnessee <eileah@netcomlearning.com>; Diana Edwards <diana@netcomlearning.com>; Mudit Mittal <mudit@netcomlearning.com> Cc: 'Mark McCreath' <mark@exitcertified.com>; brian.carlson@exitcertified.com; Vicki Dehler <vicki@exitcertified.com> Subject: Statement of account and suspension of business with ExitCertified. Importance: High Good Day to you all, Below is a list of outstanding invoices that despite past commitments to pay, once payment did not arrive, the company stop responding to request to work through the process. Though internally your account for registrations etc have been suspended, there has been some discussion concerning future registrations between ExitC and Netcom. The below list of invoices must be paid before any future registrations would be entertained. All future registrations even once the list below is paid, will require in advance payments in order to secure those registrations until such time as ExitC feels secure that payment is indeed going to happen. I apologize if this has reached those whom it was not intended in both it scope and subject matter, but as a unresponsive entitywith the aging of receivables profile makes this type of communication necessary. Further, the list below is currently being configured and documented for consideration by legal counsel. Amount Due Transaction Transaction Address: Billing (Foreign Date Type Number Addressee Due Date Age Currency) 10/08/2015 Invoice 5273 NetCom Learning 09/09/ $3, /08/2015 Invoice 6046 NetCom Learning 13/09/ $3, /08/2015 Invoice 5577 NetCom Learning 23/09/ $2, /09/2015 Invoice 6045 NetCom Learning 14/10/ $3, /09/2015 Invoice 6047 NetCom Learning 14/10/ $3, /10/2015 Invoice 6880 NetCom Learning 11/11/ $2, /10/2015 Invoice 6881 NetCom Learning 11/11/ $2, /10/2015 Invoice 6883 NetCom Learning 11/11/ $2, /10/2015 Invoice 6969 NetCom Learning 18/11/ $2, /10/2015 Invoice 7128 NetCom Learning 25/11/ $3, /12/2015 Invoice 8509 NetCom Learning 14/01/ $2, /12/2015 Invoice 8323 NetCom Learning 21/01/ $2, /12/2015 Invoice 8324 NetCom Learning 21/01/ $2, /12/2015 Invoice 8325 NetCom Learning 21/01/ $2, /01/2016 Invoice 9311 NetCom Learning 24/02/ $2, /03/2016 Invoice NetCom Learning 31/03/ $1, $41, Should 9 of 20

10 Dean D Accounts Receivable dean@exitcertified.com 220 Laurier Ave.W, Suite 1000 Ottawa, ON, Canada K1P 5Z9 Toll Free CAN: X 232 Toll Free USA: X 232 Fax: US or CA Facebook Twitter LinkedIn 10 of 20

11 ATTACHMENT B 11 of 20

12 6/21/2016 sbcr.experian.com Netcom Learning Inc Ny Report Home My reports My account Products Help Logout For help reading this report, please review our sample report. Search inquiry: Netcom Learning / New York / NY / (Other company) ProfilePlus SM Report as of: 06/21/16 17:21 ET Netcom Learning Inc Ny Address: 20 W 33rd St FL 4 New York, NY United States Phone: Website: netcominfo.com Experian BIN: Family Linkage: Ultimate Parent Branches / Alternative Locations Netcom Learning Inc Ny 20 W 33rd St FL 4 New York, NY Netcom Learning Inc Ny 519 8th Ave FL 2 New York, NY United States Netcom Learning Inc Ny 20 W 33rd St FL 4 New York, NY United States Current Days Beyond Terms (DBT): 5 Predicted DBT for 08/17/2016: 5 Average Industry DBT: 3 Payment Trend Indicator: Lowest 6 Month Balance: $118 Highest 6 Month Balance: $80,278 Current Total Account Balance: $1,779 Highest Credit Amount Extended: $5,168 No Trend Identifiable Key Personnel: SIC Code: NAICS Code: Business Type: Russell Sarder Titu Sarder David Fremed 8331 Job Training & Vocational Rehab Srvcs 8249 Vocational Schools, Nec 8243 Data Processing Schools Vocational Rehabilitation Services Technical And Trade Schools Computer Training Corporation Experian File Established: September 2002 Experian Years on File: Years in Business: Total Employees: Years 18 Years Sales: $7,968,000 Filing Data Provided by: New York Date of Incorporation: 12/14/1998 Payment Tradelines (see charts, detail): 16 Business Inquiries (see summary): 1 UCC Filings (see detail) (see summary): 5 Businesses Scoring Worse: 27% Bankruptcies: 0 Liens (see detail): 4 Judgments Filed: 0 Collections (see detail, summary): 3 Company background: NetCom Learning was founded in 1998, and is located in New York, NJ. The company provides training and certification solutions to businesses, individuals and government agencies. It offers private training, Microsoft dynamics consulting, live online training, corporate training, and government solutions. Economic Diversity This is a minority owned business. Government Activity THE FOLLOWING INFORMATION IS PROVIDED BY THE FEDERAL GOVERNMENT AND OTHER SOURCES Congressional District: 12 Central Contractor Registration: YES Excluded from Federal Program(s): N/A Credit Summary High Credit Ranking Score: 28 Low The objective of the Credit Ranking Score is to predict payment behavior. High Risk means that there is a significant probability of delinquent payment. Low Risk means that there is a good probability of on time payment. 1/5 12 of 20

13 6/21/2016 sbcr.experian.com Netcom Learning Inc Ny Risk Risk Key Score Factors: Number of commercial accounts with net 1 30 days term. Number of commercial collection accounts. Balance of delinquent commercial accounts. Number of recently active commercial accounts. Recommended Action: Medium Risk 2/5 13 of 20

14 6/21/2016 sbcr.experian.com Netcom Learning Inc Ny Payment Summary *Percentage of on time payments by month. Monthly Payment Trends Recent Activity Date Current Up to 30 DBT DBT DBT >90 DBT 01/16 85% 15% 0% 0% 0% 02/16 71% 15% 14% 0% 0% 03/16 68% 16% 16% 0% 0% 04/16 66% 18% 16% 0% 0% 05/16 85% 15% 0% 0% 0% 06/16 61% 39% 0% 0% 0% *Percentage of on time payments by quarter. Quarterly Payment Trends Recent Activity Date Current Up to 30 DBT DBT DBT >90 DBT 03/15 90% 8% 2% 0% 0% 06/15 90% 9% 1% 0% 0% 09/15 83% 15% 2% 0% 0% 12/15 84% 15% 1% 0% 0% 03/16 69% 16% 15% 0% 0% Insufficient information to produce Newly Reported Payment Trends chart. *Continuous distribution with DBT. *Combined distribution with DBT. Trade Payment Information Supplier Category Reported Date Activity Date Payment Terms Payment Experiences (Financial Trades) Recent High Credit Bank Card 6/10/16 Rev $116,052 $74,099 Factor 6/07/16 Net 30 $2,250 Balance Current Up to 30 DBT Fincl Svcs 5/01/16 37 $2,997 $670 $214 $28 Fincl Svcs 5/01/16 37 $8,857 $1,941 $647 Fincl Svcs 5/01/16 37 $3,935 $843 $281 Fincl Svcs 7/01/15 37 $4,443 Leasing 6/02/16 Mo $199 Leasing 6/02/16 Mo DBT DBT >90 DBT Comments Leasing 8/16/14 7/01/12 Mo Account Cl Offc Equip 4/14/15 3/22/15 Rev $214 $96 Retl Trade 6/11/16 3/06/16 Rev $730 Supplier Category Reported Date Activity Date Payment Terms Tradeline Experiences (Continuous Trades) Recent High Credit Balance Current Up to 30 DBT Air Trans 6/07/16 6/01/16 Other $5,168 $ % Communictn 5/01/16 Varied $762 $ % DBT DBT >90 DBT Comments Packaging 5/03/16 Net 30 $1,419 $532 38% 62% Cust 11 Yr Additional Tradeline Experiences (Aged Trades) Supplier Reported Activity Payment Recent High Balance Current Up to >90 Comments 3/5 14 of 20

15 6/21/2016 sbcr.experian.com Netcom Learning Inc Ny Category Date Date Terms Credit DBT DBT DBT DBT Bus Servcs 1/11/14 Varied $590 Frght Fwrd 9/06/13 Other $1,712 $ % Date Industry* DBT DBT Industry* Current Payment Trends Current Up to 30 DBT DBT DBT >90 DBT 06/ % 61% 39% 0% 0% 0% 05/ % 85% 15% 0% 0% 0% 04/ % 66% 18% 16% 0% 0% 03/ % 68% 16% 16% 0% 0% 02/ % 71% 15% 14% 0% 0% 01/ % 85% 15% 0% 0% 0% *Industry: Job Training & Vocational Rehab Srvcs Inquiries Summary of Inquiries Supplier Category 06/16 05/16 04/16 03/16 02/16 01/16 12/15 11/15 10/15 Insurance Totals Collection Filings Date Agency Agency Phone Status Closed Date Amt Disputed Amt Collected Comments 08/10 Johnson Morgan & White Paid in Full 09/10 $1,800 $1,800 01/11 Environmental Control Board Paid in Full 06/13 $0 $0 02/13 Altus Global Trade Paid in Full 02/13 $1,740 $1,740 Collections Summary Status Number of Items Amt Disputed Amt Collected Paid in Full 3 $3,540 $3,540 Tax Lien Filings Date: 12/30/2014 Owner: State Of South Carolina Filing Location: Richland County Circuit Court Legal Type: State Tax Legal Action: Released Document Number: Liability Amount: $2,439 Description: Other Tax Date: 12/30/2014 Owner: State Of South Carolina Filing Location: Richland County Circuit Court Legal Type: State Tax Legal Action: Released Document Number: Liability Amount: $2,451 Description: Other Tax Date: 07/23/2014 Owner: State Of New York Filing Location: New York Supreme Court Civil Division Legal Type: State Tax Legal Action: Released Document Number: Liability Amount: $91,506 Description: Other Tax Date: 10/01/2013 Owner: State Of New York Filing Location: New York Supreme Court Civil Division Legal Type: State Tax Legal Action: Lien Document Number: Liability Amount: $91, /5 15 of 20

16 6/21/2016 sbcr.experian.com Netcom Learning Inc Ny Description: Other Tax UCC Filings Date: 09/08/2015 Filing Number: Jurisdiction: Sec Of State NY Secured Party: Citibank N A Activity: Continued Date: 07/25/2013 Filing Number: Jurisdiction: Sec Of State NY Secured Party: Var Resources, Inc. Ia Des Moines Walnut Street, M Collateral: Hereafter Acquired Property, Other Assets (undefined) Activity: Filed Date: 04/13/2012 Filing Number: Jurisdiction: Sec Of State NY Secured Party: Citibank N A Activity: Amended Date: 04/03/2012 Filing Number: Jurisdiction: Sec Of State NY Secured Party: U.S. Bank Equipment Finance MN Marshall Madrid ST Collateral: Other Assets (undefined) Activity: Filed Date: 01/05/2011 Filing Number: Jurisdiction: Sec Of State NY Secured Party: Citibank N A TX Irving Regent BLVD Collateral: Equipment, Furnishings and Fixtures, Inventory, Hereafter Acquired Property, Other Assets (undefined) Activity: Filed UCC Filings Summary Filing Period Cautionary Filings Total Filed Total Released Total Continued Amended / Assigned 01/01/ /01/ /01/ /01/ /01/ /01/ Cautionary UCC Filings include one or more of the following collateral: Accounts, Accounts Receivable, Contracts, Hereafter acquired property, Leases, Notes Receivable, or Proceeds. * The information herein is furnished in confidence for your exclusive use for legitimate business purposes and shall not be reproduced. Neither Experian nor its sources or distributors warrant such information nor shall they be liable for your use or reliance upon it Experian Information Solutions Inc. Contact us Score Planner Legal terms Privacy 2016 Experian Information Solutions, Inc. All rights reserved. Experian and the Experian marks herein are service marks or registered trademarks of Experian. 5/5 16 of 20

17 ATTACHMENT C 17 of 20

18 From: Dhaliwal, Jeetpal Sent: Monday, June 13, :39 PM To: William Dolan REDACTED Williams, Dari Cc: Kimson, Janet Subject: Today's Excel Training - Some Major Concerns Hi All, I just wanted to loop you in to how today s training has been. I understand that Nick is here with us today after being scheduled to fill in last minute for Cindy. That being said, I had sent an some weeks ago requesting that a backup be in place in advance to circumvent any last minute scramble. I truly appreciate the effort put forth to get a backup in place just days before the training, however this should have been in place from the start. Onto today s issues. I received a message from Janet, shortly after she ed Bill and Disha to voice concerns about the level of professionalism from Nick. I then had to go sit in the training around 11am to understand what she meant. We are a professional organization and by that there are certain expectations (ones that I do not think should need to be conveyed to a trainer, but perhaps it needs to be part of the communication when scheduling trainers) around appearance and dress. I ve received a few questions about Nick today, specifically asking if he is on the maintenance team, mostly due to the fact that he is wearing a baseball cap whenever he leaves the training room to go on break. That being said, he isn t wearing it during his actual training delivery. At lunch break, I had the opportunity to speak with Janet in detail about this morning s issues. She informed me that they had taken 3 to 4 breaks between 8am and 12pm noon, I was there when he sent the class on a quick 5 minute break around 11:30. I took that opportunity to introduce myself to Nick and give him copies of the evaluation form. He had no idea what they were for or what to do with them, so I instructed him on that as well. By the time we finished talking, break was over, however he extended it so that he could pop out for a smoke. Lunch break was still given at noon. I advised Nick after lunch that there should only be one 10 to 15 minute break given in the afternoon. In terms of the content, he s following the material and clearly knows how to use Excel. He doesn t seem well acquainted with the agenda but in my opinion, is doing a good job of teaching the necessary information. That s my opinion from auditing approximately 45 minutes of delivery. I checked in at 1:30pm (when he sent them on break again) to ask how it was going. The feedback I received was that it s better than this morning, but that he seemed to do much better when I was physically in the room auditing. Unfortunately I cannot sit through all of the training to be the one to keep him on point. As you can probably tell, we are quite disappointed with NetCom right now; it s quite upsetting after all of the planning that went into this, and I know Dari and Bill that you both worked so hard to help us put it together so you re aware of all of the work it took, to have such a poor execution. I understand that one individual doesn t speak for everything that happens at NetCom, but the truth is when something goes as poorly as today has gone, it reflects back on the company. In the same regards here in our office, myself and Janet are the faces of this training, so in turn, internally this reflects poorly on us. 18 of 20

19 To be honest, at this point, Janet and I are at a loss for how to proceed. We have colleagues who rearranged schedules and travelled from quite some distance to be here for this training and simply want it to be worth their while. Janet and I spoke with Disha briefly at lunchtime to fill her in on what s happening; she said she was going to look into some options and get back to us in a few hours. I know Janet is banking on Disha finding another trainer, but if she can t, cancelling the training is simply not an option. I m really hoping she can find a solution to salvage this relationship. Having a partner for training is a huge win here in our office and the hope is that it will open doors in the future for more training opportunities. I m actually very sorry that I had to write this as I was quite looking forward to providing some great feedback. Please let me know if you have any questions or comments, or even ideas on how we can make this better moving forward. Jeetpal Dhaliwal Quality & Compliance Training Coordinator Pfizer Consumer Healthcare, a division of Pfizer Canada Inc. / Courriel : jeetpal.dhaliwal@pfizer.com Tel./ Tél. : of 20

20 20 of 20