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`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`In re:
`
`Chapter 11
`
`PURDUE PHARMA L.P., et al.,
`
`Case No. 19-23649 (RDD)
`
`Debtors.1
`
`(Jointly Administered)
`
`SECOND AMENDED ORDER ESTABLISHING CERTAIN NOTICE,
`CASE MANAGEMENT, AND ADMINISTRATIVE PROCEDURES
`
`Upon the motion (the “Motion”)2 of Purdue Pharma L.P. and its affiliates that are debtors
`
`and debtors in possession in these proceedings (collectively, the “Debtors”), the Court having
`
`previously entered an order approving and implementing the notice, case management and
`
`administrative procedures attached hereto as Exhibit 1 (the “Case Management Procedures”);
`
`and the Debtors having sought entry of this Second Amended Order to reflect the current
`
`schedule for omnibus hearings in this case and to correct an inadvertent error with respect to
`
`Reply procedures in the Case Management Procedures; and the Court having jurisdiction to
`
`consider the Motion and the relief requested therein pursuant to 28 U.S.C. §§ 157(a)-(b) and
`
`1334(b) and the Amended Standing Order of Reference M-431, dated January 31, 2012 (Preska,
`
`C.J.); and consideration of the relief requested by the Debtors being a core proceeding under 28
`
`1 The Debtors in these cases, along with the last four digits of each Debtor’s registration number in the applicable
`jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
`Technologies L.P. (1868), Purdue Pharma Manufacturing L.P. (3821), Purdue Pharmaceuticals L.P. (0034),
`Imbrium Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven
`Seas Hill Corp. (4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140),
`Purdue Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc.
`(7805), Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584),
`Rhodes Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and
`SVC Pharma Inc. (4014). The Debtors’ corporate headquarters is located at One Stamford Forum, 201 Tresser
`Boulevard, Stamford, CT 06901.
`
`2 Unless otherwise defined herein, each capitalized term shall have the meaning ascribed to such term in the Motion.
`
`Purdue 2048
`Collegium v. Purdue, PGR2018-00048
`
`

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`U.S.C. § 157(b); and venue being proper before the Court pursuant to 28 U.S.C. §§ 1408 and
`
`1409; and and it appearing that no other or further notice need be provided; and after due
`
`deliberation and good and sufficient cause appearing for the relief granted herein,
`
`IT IS HEREBY ORDERED THAT
`
`1.
`
`The Case Management Procedures, as set forth in Exhibit 1 attached hereto, shall
`
`continue to govern all applicable aspects of these chapter 11 cases, except as otherwise ordered
`
`by this Court.
`
`2.
`
`The next three Omnibus Hearings are scheduled as follows:
`
`
`
`
`
`
`
`10:00 a.m. on the 19th day of November 2019;
`
`2:00 p.m. on the 19th day of December 2019; and
`
`10:00 a.m. on the 23rd day of January 2020.
`
`3.
`
`The Debtors’ claims and noticing agent, Prime Clerk is authorized, but not
`
`directed,
`
`to
`
`establish
`
`the
`
`Case
`
`Website,
`
`available
`
`at
`
`https://restructuring.primeclerk.com/purduepharma, where, among other things, electronic copies
`
`of all Court Filings will be posted and viewable free of charge.
`
`4.
`
`Any notice sent by the Debtors or any other party to the Master Service List or the
`
`2002 List, or to any parties required by the Bankruptcy Code, the Bankruptcy Rules, the Local
`
`Rules, the Case Management Procedures, or further order of this Court, shall be deemed
`
`sufficient and in compliance therewith.
`
`5.
`
`Any notice sent by the Debtors or any other party in interest shall be deemed to
`
`comply with the requirements set forth in section 342(c)(1) of the Bankruptcy Code.
`
`6.
`
`All time periods set forth in this Order or in the Case Management Procedures
`
`shall be calculated in accordance with Bankruptcy Rule 9006(a).
`
`2
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`
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`7.
`
`The Debtors are authorized to take all actions necessary or appropriate to
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`effectuate the relief granted in this Order in accordance with the Motion.
`
`8.
`
`This Court retains exclusive jurisdiction with respect to all matters arising from or
`
`related to the implementation of this Order.
`
`Dated: White Plains, New York
`
`November 18, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Robert D. Drain
`The Honorable Robert D. Drain
`United States Bankruptcy Judge
`
`
`
`
`
`3
`
`Purdue 2048
`Collegium v. Purdue, PGR2018-00048
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`

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`
`
`Exhibit 1
`
`Case Management Procedures
`
`
`
`
`
`Purdue 2048
`Collegium v. Purdue, PGR2018-00048
`
`

`

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`
`
`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`In re:
`
`PURDUE PHARMA L.P., et al.,
`
`
`Debtors.1
`
`
`
`
`
`Chapter 11
`
`Case No. 19-23649 (RDD)
`
`(Jointly Administered)
`
`CASE MANAGEMENT PROCEDURES
`
`On September 15, 2019 (the “Petition Date”), the above-captioned debtors and debtors
`
`in possession (collectively, the “Debtors”), each filed a voluntary petition for relief under
`
`chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United States
`
`Court for the Southern District of New York (the “Court”). The Debtors operate their
`
`businesses and manage their properties as Debtors in possession pursuant to sections 1107(a) and
`
`1108 of the Bankruptcy Code.
`
`On [], 2019, the Court entered a second amended order Docket No. [] (the “Order”)
`
`approving these case management procedures (the “Case Management Procedures”) set forth
`
`herein pursuant to section 105(a) of the Bankruptcy Code, Rules 1015(c), 2002(m) and 9007 of
`
`the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 9074-1 of the
`
`Local Bankruptcy Rules for the Southern District of New York (the “Local Rules”). Anyone
`
`may obtain a copy of the Order, as well as any Court Filing filed with the Court in these chapter
`
`
`1 The Debtors in these cases, along with the last four digits of each Debtor’s registration number in the applicable
`jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
`Technologies L.P. (1868), Purdue Pharma Manufacturing L.P. (3821), Purdue Pharmaceuticals L.P. (0034),
`Imbrium Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven
`Seas Hill Corp. (4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140),
`Purdue Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc.
`(7805), Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584),
`Rhodes Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and
`SVC Pharma Inc. (4014). The Debtors’ corporate headquarters is located at One Stamford Forum, 201 Tresser
`Boulevard, Stamford, CT 06901.
`
`
`
`Purdue 2048
`Collegium v. Purdue, PGR2018-00048
`
`

`

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`
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`11 cases, by: (i) accessing the website maintained by Prime Clerk LLC (“Prime Clerk” or the
`
`“Claims and Noticing Agent”), at https://restructuring.primeclerk.com/purduepharma
`
`(the
`
`“Case Website”); (ii) contacting Prime Clerk directly at Purdue Pharma, L.P., c/o Prime Clerk
`
`LLC, 830 3rd Avenue, 9th Floor, New York, NY 10022, telephone: (844) 217-0912 (toll free)
`
`and (347) 859-8093 (international), email: purduepharmainfo@primeclerk.com; or (iii) accessing
`
`the PACER system on the Court’s website at http://www.nysb.uscourts.gov for a nominal fee.
`
`Pursuant to the Order, all notices, motions, applications, briefs, memoranda, affidavits,
`
`declarations, objections, responses and other documents filed in these chapter 11 cases are
`
`subject to, and will not be deemed properly served unless they are served in accordance with,
`
`these Case Management Procedures. Additionally, while the Bankruptcy Code, the Bankruptcy
`
`Rules and the Local Rules apply to these chapter 11 cases, to the extent there is a conflict
`
`between the foregoing and these Case Management Procedures, these Case Management
`
`Procedures shall govern in all respects. Accordingly, all parties in interest are strongly
`
`encouraged to review these Case Management Procedures in their entirety and consult their own
`
`legal counsel with respect to any of the matters discussed herein before filing any documents in
`
`these chapter 11 cases.
`
`I.
`
`Hearing Procedures.
`
`Case Management Procedures
`
`1.
`
`All Matters to Be Heard at Omnibus Hearings. The Debtors shall be authorized
`
`to
`
`schedule,
`
`in
`
`cooperation with
`
`the Court, periodic omnibus hearings
`
`(the
`
`“Omnibus Hearings”) to consider all notices, motions, applications, and other requests for
`
`relief, briefs, memoranda, affidavits, declarations, replies and other documents filed in support of
`
`such papers seeking relief (collectively, the “Requests for Relief”), and all objections and
`
`2
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`
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`responses to such Requests for Relief (collectively, the “Objections,” and together with the
`
`Requests for Relief and all other filed documents, the “Court Filings”).
`
`2.
`
`Initial Omnibus Hearings. The next three Omnibus Hearings are scheduled as
`
`follows:
`
`
`
`
`
`
`
`10:00 a.m. on the 19th day of November 2019;
`
`2:00 p.m. on the 19th day of December 2019; and
`
`10:00 a.m. on the 23rd day of January 2020.
`
`3.
`
`Subsequent Omnibus Hearings. At or before the Omnibus Hearing held on
`
`January 23, 2020, the Debtors shall request that the Court schedule additional Omnibus
`
`Hearings. The Court shall schedule such Omnibus Hearings and, upon scheduling, Prime Clerk
`
`shall post the dates of the additional Omnibus Hearings on the Case Website. Parties may
`
`contact Prime Clerk for information concerning all scheduled Omnibus Hearings.
`
`4.
`
`Proposed Hearing Agenda. Two business days before each Omnibus Hearing,
`
`Debtors’ counsel shall file a proposed agenda with regard to the matters scheduled to be heard at
`
`such Omnibus Hearing (the “Proposed Hearing Agenda”). The Proposed Hearing Agenda may
`
`include notice of matters that have been consensually adjourned to a later Omnibus Hearing in
`
`lieu of parties filing a separate notice of adjournment; provided that for all matters adjourned to a
`
`later Omnibus Hearing or some other future date, the Debtors also will electronically file (but
`
`need not serve) a notice of adjournment with respect to such matters.
`
`5.
`
`Content of Proposed Hearing Agenda. The Proposed Hearing Agenda will
`
`include, to the extent known by Debtors’ counsel: (a) the docket number and title of each matter
`
`scheduled to be heard at such Omnibus Hearing, including the initial filing and any objections,
`
`replies, or documents related thereto; (b) whether the matters are contested or uncontested;
`
`(c) whether the matters have settled or are proposed to be continued; (d) a suggestion for the
`
`3
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`
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`order in which the matters should be addressed; and (e) any other comments that will assist the
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`Court.
`
`6.
`
`Evidentiary Hearings. With respect to any Court Filing, if Objections are filed,
`
`the Omnibus Hearing shall not be deemed an evidentiary hearing at which witnesses may testify
`
`unless the Proposed Hearing Agenda provides otherwise; provided that parties in interest may
`
`request the Court by email (and copying opposing parties) that such hearing be an evidentiary
`
`hearing. Additionally, any Court Filing requesting or requiring the Court to make a factual
`
`finding must be supported by competent evidence (e.g., declarations, affidavits and exhibits).
`
`7.
`
`Telephonic Appearances.
`
` A party desiring to participate in a hearing
`
`telephonically must request permission from Chambers and notify Debtors’ counsel at least 48
`
`hours before the applicable hearing. If Chambers permits telephonic participation, the party
`
`participating telephonically must arrange such participation with CourtSolutions or CourtCall, as
`
`applicable, adhering to the procedures for telephonic participation applicable in the Court. Those
`
`parties participating by phone may not use speakerphones unless first authorized by the Court.
`
`Persons participating by phone (and especially by speakerphone) must put their phones on
`
`“mute” except when they need to be heard. Persons so participating are not to put their phones
`
`on “hold” under any circumstances.
`
`8.
`
`Listen-Only Lines. Any party may attend hearings through a listen-only line by
`
`arranging such listen-only line with CourtSolutions or CourtCall, as applicable.
`
`9.
`
`Matters that May Be Heard at Non-Omnibus Hearings. Subject to consultation
`
`with Chambers, hearings in connection with applications for professional compensation and
`
`reimbursement, pre-trial conferences, asset sales and trials related to adversary proceedings,
`
`approval of a disclosure statement, confirmation of a plan, and any other Court Filing filed by the
`
`4
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`
`

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`Debtors and not heard may be scheduled for dates other than the Omnibus Hearing dates;
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`provided, however, that initial pre-trial conferences scheduled in connection with adversary
`
`proceedings involving the Debtors shall be set on the next available Omnibus Hearing date that
`
`is at least forty-five (45) calendar days after the filing of the complaint, except as otherwise
`
`ordered by the Court. Hearings on all other Requests for Relief filed by any party, except for
`
`those Requests for Relief requiring emergency relief, must be scheduled for an Omnibus
`
`Hearing.
`
`II.
`
`Filing and Service Procedures.
`
`10.
`
`All Court Filings filed in these chapter 11 cases shall be filed electronically with
`
`the Court on the docket of In re Purdue Pharma, L.P., Case No. 19-23649 (RDD), in accordance
`
`with the Court’s General Order M-399, by registered users of the Court’s electronic case filing
`
`system (the “Electronic Filing System”). Further, pursuant to Local Rule 9070-1, at least one
`
`hard copy of any Court Filing (other than proofs of claim) shall be: (a) marked “Chambers
`
`Copy” and delivered to the Chambers of the Honorable Judge Robert D. Drain, United States
`
`Court for the Southern District of New York (“Chambers”), United States Bankruptcy Court for
`
`the Southern District of New York, 300 Quarropas Street, Room 248, White Plains, New York
`
`10601 so as to be recorded no later than the next business day following the date on which such
`
`Court Filing is electronically filed; and (b) delivered by first-class mail to the Office of the
`
`United States Trustee for the Southern District of New York (the “U.S. Trustee”), 201 Varick
`
`Street, Suite 1006, New York, New York 10014, Attn: Paul K. Schwartzberg.
`
`A.
`
`11.
`
`The Service List.
`
`Parties Entitled to Service. All Court Filings (other than proofs of claim) shall be
`
`served on the following list of parties (the “Service List”), according to the following notice
`
`procedures.
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`5
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`

`

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`
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`a.
`
`Master Service List. Prime Clerk shall maintain a Master Service List
`(the “Master Service List”). The Master Service List shall be made
`available by (i) accessing the Case Website, (ii) contacting the Claims and
`Noticing Agent directly or (iii) contacting the Debtors’ counsel directly.
`The Master Service List shall include the following parties:
`
`i.
`
`ii.
`
`iii.
`
`iv.
`
`v.
`
`vi.
`
`vii.
`
`viii.
`
`ix.
`
`x.
`
`the Debtors and their counsel;
`
`the Office of the U.S. Trustee for the Southern District of New
`York;
`
`counsel to any official committee that may be appointed in these
`chapter 11 cases (an “Official Committee”);
`
`the ad hoc committee of governmental and other contingent
`litigation claimants represented by Brown Rudnick LLP, Gilbert,
`LLP, Kramer Levin Naftalis & Frankel LLP, and Otterbourg PC;
`
`holders of the 50 largest unsecured claims against the Debtors on a
`consolidated basis;2
`
`the United States Department of Justice;
`
`the United States Attorney’s Office for the Southern District of
`New York;
`
`the attorneys general for all fifty states and the District of
`Columbia;
`
`the Internal Revenue Service; and
`
`any party that has requested notice pursuant to Bankruptcy Rule
`2002.
`
`b.
`
`2002 List. Prime Clerk shall maintain a list of all parties that have filed a
`request to receive service of Court Filings pursuant to Bankruptcy Rule
`2002 (the “2002 List”).
`
`i.
`
`Filing Requests for Documents Requires Email Address. A
`request for service of Court Filings pursuant to Bankruptcy Rule
`2002 (each, a “2002 Notice Request”) filed with the Court shall be
`deemed proper only if it includes the following information with
`respect to the party filing such request: (a) name; (b) street address;
`(c) name of clients,
`if applicable;
`(d) telephone number;
`(e) facsimile number; and (f) email address.
`
`2
`If an official committee of unsecured creditors is appointed and counsel is retained, holders of the 50 largest
`unsecured claims against the Debtors shall not be included in the Master Service List.
`
`6
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`ii.
`
`iii.
`
`iv.
`
`Certification Opting Out of Email Service. Any party filing a
`2002 Notice Request who does not maintain (and cannot
`practicably obtain) an email address and therefore cannot receive
`service by email must include in the 2002 Notice Request a
`that effect (each, a “Certification”).
`certification
`to
` A
`Certification shall include a statement certifying that the party
`(a) does not maintain an email address and (b) cannot practicably
`obtain an email address at which the party could receive service.
`Such party will thereafter receive paper service in accordance with
`the Case Management Procedures.
`
`Email Address Required. If a 2002 Notice Request fails to include
`an email address or a Certification, the Debtors shall forward a
`copy of the Case Management Procedures to such party within five
`business days requesting an email address. If no email address or
`Certification is provided in response to such request, such party
`shall not be added to the 2002 List or served with copies of Court
`Filings unless such Court Filings directly affect such party.
`
`Changes in Information. Each party submitting a 2002 Notice
`Request is responsible for filing with the Court an updated 2002
`Notice Request as necessary to reflect changes to any notice
`information and must serve a copy of such updated 2002 Notice
`Request upon the Debtors.
`
`c.
`
`Affected Entities. All entities with a particularized interest in the subject
`matter of a specific Court Filing, including the entity filing the Request for
`Relief is an “Affected Entity” and entitled to be served with all Court
`Filings relating to that interest.
`
`12. Maintenance of the Service List. At least every fifteen (15) days during the first
`
`sixty (60) days of these chapter 11 cases, and at least every thirty (30) days thereafter, Prime
`
`Clerk shall update the Service List by making any additions and deletions and post the updated
`
`Service List on the Case Website.
`
`B.
`
`13.
`
`Filing and Service of Court Filings Generally.
`
`Electronic Filing and Service. All Court Filings shall be filed electronically with
`
`the Court, using the Court’s Electronic Filing System and served via email, other than service of
`
`a summons and complaint in an adversary proceeding or documents filed under seal, which shall
`
`be deemed to constitute proper service for all parties who are sent such email service; provided
`
`7
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`
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`that if a party entitled to notice of a Court Filing does not have an email address or an email
`
`address is not available, the party shall be served by U.S. mail, overnight delivery or hand
`
`delivery. Subject to the limited exclusions provided herein, each party that files a notice of
`
`appearance and a 2002 Notice Request shall be deemed to have consented to electronic service
`
`of all Court Filings.
`
`a.
`
`b.
`
`Email Subject Line. With respect to the service of any Court Filing, the
`subject line of the email shall include (i) the Debtors’ case name and
`number In re Purdue Pharma L.P., Case No. 19-23649 (RDD), (ii) the
`name of the party filing such Court Filing, (iii) the title of the Court Filing
`being served and (iv) a statement that attachments are also available on the
`Court’s docket. If the title of the Court Filing is too long to fit within the
`subject line of the email, the subject line shall contain a shortened version
`of such title, and the text of the email shall contain the full title of such
`Court Filing.
`
`Email Attachments. All Court Filings served by email shall include the
`entire document, including any proposed forms of order and exhibits,
`attachments, or other materials, in PDF, readable by Adobe Acrobat or
`other equivalent document reader programs commonly available without
`cost. The relevant Court Filing shall either be attached to the email in a
`format specified above or the email shall contain a link to such filing in
`such format. Notwithstanding the foregoing, if a Court Filing cannot be
`attached to an email (because of its size, technical difficulties, or other
`concerns), the filing party may serve the Court Filing by U.S. mail,
`including the proposed forms of order and any exhibits, attachments and
`other relevant materials; provided that the Court Filing is served by hand
`or overnight delivery on the Service List.
`
`14. Waiver of Filing Deadlines. If any Court Filing is filed via the Electronic Filing
`
`System and served electronically, the filing deadlines requiring three additional calendar days’
`
`notice set forth in Rule 6(e) of the Federal Rules of Civil Procedure (made applicable to
`
`adversary proceedings by Bankruptcy Rule 7005(b)(2)(D)), and Bankruptcy Rule 9006(f) shall
`
`not apply.
`
`15.
`
`Form of Papers. Unless granted prior permission, motions, applications and
`
`objections are limited to 40 pages and replies and statements are limited to 20 pages. All Court
`
`8
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`
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`Filings (other than exhibits) shall be double-spaced, 12-point font, with one-inch margins. This
`
`provision is subject to the Local Rules and any Chambers rules.
`
`16.
`
`Certificates of Service. Certificates of service for all Court Filings, including the
`
`Service List, need only be filed with the Court.
`
`17.
`
`Right to Request Special Notice Procedures. Nothing in the Case Management
`
`Procedures shall prejudice the right of any party to seek an amendment or waiver of the
`
`provisions of the Case Management Procedures upon a showing of good cause including,
`
`without limitation, the right to file a motion seeking emergency ex parte relief or relief upon
`
`shortened notice.
`
`18.
`
`Section 342 Notice Requirements. Any notice sent by the Debtors or any other
`
`party in interest shall be deemed to comply with the requirements set forth in section 342(c)(1) of
`
`the Bankruptcy Code.
`
`C.
`
`19.
`
`Filing and Service of Requests for Relief.
`
`Requests for Relief to Be Heard at Omnibus Hearing. In accordance with Local
`
`Rule 9006-1(b), if a party files and serves a Request for Relief at least fourteen (14) calendar
`
`days before the next Omnibus Hearing, the matter shall be set for hearing at such Omnibus
`
`Hearing. If a Request for Relief is served by overnight delivery only, it must be filed and served
`
`at least fifteen (15) calendar days before the next Omnibus Hearing. If a Request for Relief is
`
`served by U.S. mail only, it must be filed and served at least seventeen (17) calendar days before
`
`the next Omnibus Hearing. All applications for reimbursement of fees and expenses by
`
`professionals retained by the estate must be filed and served at least twenty-one (21) calendar
`
`days before the next Omnibus Hearing. If a Request for Relief is filed by a party other than the
`
`Debtors and purports to set a hearing date inconsistent with these Case Management Procedures,
`
`9
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`Pg 14 of 24
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`
`
`the Request for Relief shall be heard, without the necessity of a Court order, at the first Omnibus
`
`Hearing after the applicable notice period has expired.
`
`20.
`
`Emergency Scheduling Procedures. If a movant or applicant other than the
`
`Debtors determines that a Request for Relief requires emergency or expedited relief, the movant
`
`or applicant shall contact (a) the attorneys for (i) the Debtors and (ii) each Official Committee, if
`
`applicable, by telephone and request that the Request for Relief be considered on an expedited
`
`basis; and (b) the U.S. Trustee. If the Debtors or any Official Committee disagree with the
`
`movant’s or applicant’s request for emergency or expedited relief, the movant or applicant shall
`
`(a) inform the Court of the disagreement by telephone and (b) arrange by email to Chambers for
`
`a Chambers conference, telephonic or in-person, to discuss the disagreement. If the Court agrees
`
`with the movant or applicant regarding the necessity for expedited consideration, the movant or
`
`applicant may, by order to show cause, request an expedited hearing.
`
`21.
`
`Notices of Requests for Relief. A notice shall be affixed to the front of each
`
`Request for Relief and shall set forth: (a) the title of the Request for Relief; (b) the time and date
`
`of the objection deadline; (c) the parties on whom any objection is to be served; and (d) the
`
`Omnibus Hearing date at which the party intends to present the Request for Relief. The notice
`
`may also include a statement that the relief requested therein may be granted, pursuant to Local
`
`Rule 9074-1, without a hearing if no objection is timely filed and served in accordance with the
`
`Case Management Procedures (each, a “Presentment Notice”). Subject to Section E of these
`
`Case Management Procedures, if the notice filed with a Request for Relief includes a
`
`Presentment Notice, after the objection deadline has passed and if no objection has been filed
`
`and served in accordance with these Case Management Procedures, counsel to the party who
`
`filed the Request for Relief may file a certification that no objection has been filed or served on
`
`10
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`

`19-23649-rdd Doc 498 Filed 11/18/19 Entered 11/18/19 11:51:29 Main Document
`Pg 15 of 24
`
`
`
`them, and may request by email to Chambers that the Court grant the relief and enter an order
`
`without a hearing. A Presentment Notice must be emailed to the Court and include the
`
`underlying motion, the certificate of service, an electronic version of the proposed order in Word
`
`or WordPerfect format, and a cover note including a representation that (i) the movant sought
`
`relief by notice of presentment and (ii) the objection period has passed and no objections were
`
`filed to the Request for Relief or the due service and notice thereof.
`
`22.
`
`Service of Requests for Relief. For any Court Filing for which particular notice is
`
`required to be served both on all creditors and on parties with a particular interest in the relief
`
`sought by any Request for Relief, including Bankruptcy Rules 2002(a)(2) and (3), 4001, 6004,
`
`6007 and 9019, parties shall serve all such Court Filings only on the Service List in accordance
`
`with the following, unless otherwise ordered by the Court:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`in the case of any use, sale, lease, or abandonment of substantially all of
`the Debtors’ property, on each party asserting an interest in that property;
`
`in the case of any relief from or modification of the automatic stay, on
`each party asserting a lien or other encumbrance on the affected property;
`
`in the case of the use of cash collateral or obtaining of credit, on each
`party asserting an interest in the cash collateral or a lien or other interest in
`property upon which a lien or encumbrance is proposed to be granted;
`
`in the case of a motion under Bankruptcy Rule 9019, on all parties to the
`relevant compromise and settlement, or that may be directly affected by
`such compromise or settlement;
`
`in the case of assumption, assignment, or rejection of an executory
`contract or an unexpired lease, on each party to the executory contract or
`the unexpired lease;
`
`any objection, opposition, response, reply, or further document filed
`directly in response to another party’s Court Filing, on such other party;
`and
`
`on all parties as required by the Bankruptcy Rules, unless otherwise
`directed by the Court.
`
`11
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`

`19-23649-rdd Doc 498 Filed 11/18/19 Entered 11/18/19 11:51:29 Main Document
`Pg 16 of 24
`
`
`
`23.
`
`Notice Provisions Not Applicable to Certain Matters. Except as set forth in the
`
`Case Management Procedures or otherwise provided by order of the Court, the notice provisions
`
`of the Case Management Procedures shall not apply to notices of the matters or proceedings
`
`described in the following Bankruptcy Rules:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`k.
`
`l.
`
`Bankruptcy Rule 2002(a)(1) (meeting of creditors pursuant to section 341
`of the Bankruptcy Code);
`
`Bankruptcy Rule 2002(a)(2) (any proposed use, sale, or lease of property
`of the estate other than in the ordinary course of business, to the extent
`that such use, sale, or lease concerns all or substantially all of the Debtors’
`assets);
`
`Bankruptcy Rule 2002(a)(4) (hearing on the dismissal of a case or cases or
`the conversion of a case to another chapter);
`
`Bankruptcy Rule 2002(a)(5) (time fixed to accept or reject a proposed
`modification of a chapter 11 plan);
`
`Bankruptcy Rule 2002(a)(7) (time fixed for filing a proof of claim
`pursuant to Bankruptcy Rule 3003(c));
`
`Bankruptcy Rule 2002(b)(1) (time fixed for filing objections to and any
`hearing to consider approval of a disclosure statement);
`
`Bankruptcy Rule 2002(b)(2) (time fixed for filing objections to and any
`hearing to consider confirmation of a chapter 11 plan);
`
`Bankruptcy Rule 2002(d) (certain matters for which notice is to be
`provided to equity security holders);
`
`Bankruptcy Rule 2002(f)(1) (entry of an order for relief);
`
`Bankruptcy Rule 2002(f)(2) (dismissal or conversion of a case to another
`chapter of the Bankruptcy Code);
`
`Bankruptcy Rule 2002(f)(3) (time allowed for filing claims pursuant to
`Bankruptcy Rule 3002);
`
`Bankruptcy Rule 2002(f)(6) (waiver, denial, or revocation of a discharge
`as provided in Bankruptcy Rule 4006);
`
`m.
`
`Bankruptcy Rule 2002(f)(7) (entry of an order confirming a chapter 11
`plan); and
`
`12
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`
`

`

`19-23649-rdd Doc 498 Filed 11/18/19 Entered 11/18/19 11:51:29 Main Document
`Pg 17 of 24
`
`
`
`n.
`
`Bankruptcy Rule 2002(f)(8) (summary of the trustee’s final report and
`account should a case be converted to chapter 7 of

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