Opinion
Case No. 301-12036, Jointly Administered
November 15, 2001
ORDER ESTABLISHING NOTICE CASE MANAGEMENT AND ADMINISTRATIVE PROCEDURES
Upon the motion of the debtors for an order establishing notice case management and administrative procedures for these administratively consolidated cases; the affidavit of Jeffrey Pate in support; and for the reasons stated orally pursuant to FED.R.BANKR. P. 7052;
IT IS ORDERED, ADJUDGED AND DECREED:
1. The motion is granted.
2. Every notice, motion, application, response, objection and all briefs, memoranda, affidavits declarations or other documents filed in these cases (collectively "Filings") shall be subject to the filing and Notice Procedures described in this order.
3. The clerk of court shall establish and maintain a Master Service List attached hereto as Exhibit A as such Master Service List may hereafter be modified, supplemented or amended pursuant to the terms of this order. Parties shall be added to the Master Service List by filing a written Notice of Appearance and serving same on all parties on the then-current Master Service List. ANY NOTICE OF APPEARANCE OR OTHER WRITTEN REQUEST TO BE ADDED TO THE MASTER SERVICE LIST MUST INCLUDE AN EMAIL ADDRESS AT WHICH THE PARTY WILL ACCEPT SERVICE OF NOTICES. A party filing a Notice of Appearance or otherwise requesting to be added to the Master Service List that does not supply an email address must file a request for relief from the email address requirement, together with a declaration or affidavit explaining why an email address is not available. Failure to supply an email address or to request relief from the email address requirement will be a ground for removal from the Master Service List upon application as provided in this paragraph. For cause shown, a party may be removed from the Master Service List upon motion of the debtors, after notice and a hearing. The Master Service List shall be available on the court's website atwww.tnmb.uscourts.gov and on paper at the clerks office.
4. Debtors are authorized to engage Professional Reporgraphics ("PR"), 333 Union Street, Suite B-100, Nashville, Tennessee 37201 (telephone number: (615) 255-6094 and facsimile number: (615) 255-6092), to act as an official copy service. Any party may obtain copies of Filings from PR at such party's sole cost and expense.
5. As soon as practicable after filing, the clerk of court shall scan all Filings and all Filings shall be available for review and downloading through the court website at www.tnmb.uscourts.gov.
6. All Filings shall include an original and three (3) copies and shall be accompanied by a separate "Notice of Filing" substantially in the form of Exhibit B to this order.
7. Except as provided otherwise in this order, all service and noticing of Filings in these administratively consolidated cases shall be deemed sufficient if accomplished by serving the Notice of Filing (only) on the persons identified on the then-current Master Service List and upon any entity with a particularized interest in the subject matter (discussed below). Parties receiving a Notice of Filing may review the actual Filing electronically through the court's website or on paper through PR (as described above), or in person at the office of the clerk of court. The party giving notice shall file a separate Certificate of Service specifying the method(s) of noticing used.
8. All service and noticing of Filings shall be deemed adequate for all purposes if the appropriate Notice of Filing is served electronically by email at the email address provided on the Master Service List. Service of a Notice of Filing shall be by email exclusively rather than U.S. Mail or any other method of service for parties whose email addresses are set forth on the Master Service List. All email notices to parties upon the Master Service List shall substantially conform with the sample notice attached as Exhibit B. Any party in interest desiring to receive Notice of Filing by means other than email must comply with ¶ 3 above. Parties without email addresses shall be served with Notice of Filings by U.S. Mail.
9. All pleadings and other documents filed in any adversary proceeding commenced in these cases ("Adversary Filings") shall be served on the persons and in the manner required by the Federal Rules of Bankruptcy Procedure or Local Rules of this court. In addition, the party filing any Adversary Filing shall file a separate Notice of Adversary Filing substantially conforming to Exhibit B to this order but modified as necessary to reflect that matters within adversary proceedings typically will not be addressed at the Omnibus Hearing dates discussed below. The filing party shall serve the Notice of Adversary Filing (only) on all parties on the Master Service List consistent with the paragraphs above.
10. All Filings for which particular notices are required by Bankruptcy Rules 2002(a)(2) and (3), 4001, 6004, 6006, 6007 or 9019 shall be served as set forth above, and in accordance with the following procedure:
a. Filing related to the use, sale, lease or abandonment of property other than in the ordinary course of business shall be served on each entity having an interest in the property.
b. Filings related to relief from, or otherwise related to, the automatic stay shall be served on each entity having a lien or encumbrance on the affected property.
c. Filings relating to the use of cash collateral or obtaining credit shall be served on each entity with an interest in the cash collateral or each entity with a lien or other interest in property on which a lien is proposed to be granted.
d. Filings relating to approval of proposed compromises or settlements shall be served on an entity that is a party to the compromise or settlement or which may be directly affected thereby.
e. Filings relating to rights under § 365 of the Code shall be served on each party to the executory contract(s) or unexpired lease(s) affected thereby.
f. Filings relating to applications for payment of compensation or reimbursement of expenses shall be served on each professional personal who is seeking payment of compensation or reimbursement of expenses, and whose retention has been authorized by the court in these cases.
g. Notice of other matters for which the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules") specifically require notice to all parties in interest shall be served on all creditors and equity security holders of the debtors and parties in interest, except as set forth herein or as otherwise authorized by this court.
11. The matters or proceedings set forth below in this paragraph shall be noticed in accordance with the applicable provisions of Bankruptcy Rule 2002; provided however, that notice of the following matters or proceedings is deemed adequate if: (i) in the form of electronic notice by email to any party with an email address an the Master Service List; or (ii) in the form of a postal card to any party without an email address or not on the Master Service List, with postal card identifies the entity making the Filing, the title of the Filing, the deadline for responding to the Filing, the time and place for any hearing with respect to the Filing and the manner in which the actual Filing is available for review.
a. Bankruptcy Rule 2002(a)(1) (any meetings of creditors pursuant to § 341 of the Bankruptcy Code).
b. Bankruptcy Rule 2002(a)(2) (any proposed use, sale of 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).
c. Bankruptcy Rule 2002(a)(3) (the hearing on approval of a compromise or settlement of a controversy other than approval of an agreement pursuant to Bankruptcy Rule 4001(d)(1), to the extent that such compromise or settlement either involves claims between and among the debtors and the Official Committee of the Unsecured Creditors or a plan of reorganization).
d. Bankruptcy Rule 2002(a)(4) (a hearing on the dismissal of the case or cases, or the conversion of the case or cases to another chapter).
e. Bankruptcy Rule 2002(a)(5) (the time fixed to accept or reject a proposed modification of a plan of reorganization).
f. Bankruptcy Rule 2002(b)(1) (the time fixed for filing objections and any hearing to consider approval of a disclosure statement).
g. Bankruptcy rule 2002(b)(2) (the time fixed for filing objections and any hearing to consider confirmation of a plan of reorganization).
h. Bankruptcy Rule 2002(d) (certain matters for which notice is to be provided to equity security holders).
i. Bankruptcy Rule 2002(f)(1) (the entry of an order for relief).
j. Bankruptcy Rule 2002(f)(2) (the dismissal or conversion of a case to another chapter of the Bankruptcy Code).
k. Bankruptcy Rule 2002(f)(5) (the time fixed for filing a complaint to determine the dischargeability of a debt pursuant to § 523 of the Bankruptcy Code, as provided in Bankruptcy Rule 4007).
l. Bankruptcy Rule 2002(f)(6) (the waiver, denial or revocation of a discharge as provided in Bankruptcy Rule 4006).
m. Bankruptcy Rule 2002(f)(7) (the entry of an order confirming a Chapter 11 plan or plans of reorganization).
n. Bankruptcy Rule 2002(f)(8) (a summary of the trustee's final report and account, should a case be converted to Chapter 7 of the Bankruptcy Code).
o. Bankruptcy Rule 3007 (objections to claims).
12. A copy of this order, as it may be modified or amended from time to time, shall be available on the court's website at lt;www.tnmb.uscourts, gov.
13. Except as modified herein, LBR9013-1 remains applicable to all Filings according to its terms. A Notice of Filing served consistent with this order will satisfy LBR 9013-1 if the notice substantially conforms to Exhibit B to this order and includes the appropriate Omnibus Hearing Date from the list of dates below in this order. The deadline for timely response or objection to any Filing shall be calculated consistent with this paragraph and shall be included in the Notice of Filing. If the Filing is a motion or application for relief, the objection deadline shall be (a) no later than the seventh (7th) calendar date before the Omnibus Hearing Date if the Filing is served at least twenty (20) days prior to the Omnibus Hearing Date; (b) no later than the third 3d calendar date before the Omnibus Hearing Date if the Filing is served less than twenty (20) but at least ton (10) days prior to the Omnibus Hearing Date. When the filing is a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) and the motion is filed more than fourteen (14) days before the next scheduled Omnibus Hearing, the preliminary hearing will be set on the next scheduled Omnibus Hearing Date. The preliminary hearing for any motion for stay relief that is filed less than fourteen (14) days before the next scheduled Omnibus Hearing shall be set on the Omnibus Hearing following the next Omnibus Hearing. Except as specifically set forth herein, all other procedures for stay relief motions shall otherwise conform to the Local Rules and the Bankruptcy Rules.
14. Notice given in accordance with these Notice Procedures shall be deemed adequate pursuant to the Bankruptcy Code, the Bankruptcy Rules and the Local Rules of the United States Bankruptcy Court for the Middle District of Tennessee.
15. The court shall conduct Omnibus Hearings on a monthly basis in these cases. The following dates have been scheduled as Omnibus Hearings in these Chapter 11 cases:
November 20, 2001 December 18, 2001 January 22, 2002 February 19, 2002 March 19, 2002 April 16, 2002
These dates and any subsequent dates will be posted on the court's websitewww.tnmb.uscourts.gov.
16. Omnibus Hearings shall commence at 10:00 am. Prevailing Central Time in Courtroom Two, Second Floor, Customs House, 701 Broadway, Nashville, Tennessee.
17. All matters requiring a hearing in these cases shall be set for and heard on Omnibus Hearing dates unless alternative hearing dates are requested by motion and approved by the court.
18. In light of (a) the sire and complexity of these cases, (b) the burdens likely to be imposed on the clerk of the bankruptcy court's office and its available resources and (c) the public interest involved in appropriately allocating resources to respond to the high volume of filings and information requests anticipated in these cases while maintaining continuity of service to all other pending cases, the debtors shall provide assistance to the clerk's office, including but not limited to providing one employee retained by the debtors and deputized by the clerk's office to assist at the clerk's office on such matters directly related to the debtors cases as the clerk shall determine.
19. A copy of this order shall be served by the debtor on all parties on the Master Service List and a descriptive notice of the existence and subject matter of this order shall be included with the Notice of Commencement of these cases.
20. The filing and management of proofs of claims is addressed in separate orders. Creditors should follow those other instructions when filing proofs of claims.
EXHIBIT A Master Service List
United States Trustee E-Mail Address Counsel for the Debtors Counsel for CNL APF Partners, L.P. Counsel for the Official Unsecured Creditors' Committee Tennessee Counsel Additional Parties th th th th th
A. Office of the United States Trustee Customs House, 3rd Floor 701 Broadway, Room 318 Nashville, TN 37203 B. Gary M. Brown Charles K. Grant cgrant@dinslaw.com Dinsmore Shohl, LLP Suite 1100, NationsBank Plaza 414 Union Street Nashville, TN 37219 Ph. 615-313-3300 Fax 615-313-3310 and Kim Martin Lewis klewis@dinslaw.com Tim J. Robinson robinson@dinslaw.com Dinsmore Shohl, LLP 1900 Cherned Center 255 East Fifth Street Cincinnati, Ohio 45202 Ph. 513-977-8200 Fax 513-977-8141 C. Matt E. Beal, Esq. matt.beal@lowndes-law.com Lowndes, Drosdick, Doster, Kantor Reed, PA. 450 South Orange Avenue, Suite 800 Orlando, FL 32802 Randal Mashburn masbburn@bdbc.com Randal Mashburn, Esq. Baker Donelson Bearman Caldwell 211 Commerce Street Nashville, TN 37201 D. [When formed] E. [To be added — Each Tennessee attorney(s) filing an appearance in these cases whom shall be responsible for any further distribution to the person or persons represented by such attorney(s).] G. Tim Fleming, Esq. tim_flemming@advantica-dine.com Denny's, Inc. 203 East Main Street Spartanburg, SC 29319 Marc T. NcNamee, Esq. mmenamee@nealharwell.com Neal Harwell, PLC 2000 One Nashville Place 150 Fourth Avenue, North Nashville, TN 37219-2498 Denise D. Dell, Esq. ddell@akerman.com Akermnan, Senterfitt Eidson, PA 255 S. Orange Avenue, 17 Floor PO Box 231 Orlaodo, FL 32802-0231 Don C. Fletcher, Esq. dfletcher@cavanaghlaw.com THE CAVANAGH LAW FIRM 1850 N. Central Avenue, Suite 2400 Phoenix, AZ 85004 Terence Walsh, Esq. twalsh@alston.com Alston Bird, LLP 1021 W. Peachtree Atlanta, GA 30309-3424 Mark Duedall, Esq. mduedall@alston.com Alston Bird, LLP 1021 W. Peachtree Atlanta, GA 30309-3424 Roger G. Jones Boult Cummings Canners Berry, PLC rjones@boultcummings.com 414 Union Street, Suite 1600 PO Box 198062 Nashville, TN 37219 Eleanor E. Griffith egriffith@boultcummings.com Boult Cummings Conners Berry, PLC 414 Union Street, Suite 1600 PO Box 198062 Nashville, TN 37219 Deborah Moss lndmoss@cs.com 27 Casper Drive Palm Coast, FL 32137 Jeff Wegner, Esq. jeffrey.wegnefr@kutakrock.com Kutak Rock 1650 Farnam St. Omaha, NE 68102 FFCA Acquisition Corp. n/k/a GE Capital Franchise Finance Corporation Attn: Denny Ruben, Esq. 17207 Perimeter Drive Scottsdale, AZ 85258 Sherri M. Graves Sales and Marketing Counsel Coca-Cola Fountain PO Box 105037 Atlanta, GA 30348-5037 Bill and Aileen Howard 8637 Cheryl Drive E Scottsdale AZ 85258 LH Leasing Co., Inc. 7119 Shea Blvd. 109-665E Scottsdale, AZ 85012 Donald D. Farlow, Esq. Burns Wall Smith Mueller, PC 303 E. 17ty Ave., #800 Denver, CO 80203-1260 Christopher J. Moser cmoser@qselpe.com Quilling Sclander Cummiskey Lownds PC 2001 Bryan Street, Suite 1800 Dallas, TX 75201 Glenn B. Rose gbr@h3gm.com Barbara D. Holmes bdh@h3gm.com Harwell Howard Hyne Gabbert Manner PC 315 Deaderiek Street, Suite 1800 Nashville, TN 37238 Dockendorf Children's Trust C/o Douglas Grubbs Trustee P.O. Box 87396 Vancouver, WA 98687 Paul Troy's Produce 601 Deer Pond Drive Weatherford, TX 76087 4325 S. Florida Avenue Corp. c/o The Meyer Company 1601 Belvedere Road, Suite 470 West Palm Beach, FL 33406 Rainbow Produce Company 2105 East Magnolia Phoenix, AZ 85034 Fox Service Company P.O. Box 751726 Austin, TX 78760 A.I. Credit Corp P.O. Box 200455 Dallas, TX 75207-0455 Marriott Distribution Serv. 901 Railhead Drive Ft. Worth, TX 76177 Alcone Marketing Group P.O. Box 751726 Charlotte, NC 28275-1726 Anselmo, Murdock, Burke George 790 E. Broward Blvd., Ste. 400 Ft. Lauderdale, Fl 33301 Levenson, Levenson, Hill 600 N. Pearl Street Suite 910 Dallas, TX 75201 Greenberg Traurig 2375 East Camelback Rd. Phoenix, AZ 85016 N.W. Ayers Partners Advertising 825 8 Avenue New York, N.Y. 10019-7498 LaQuinta Inns, Inc. P.O. Box 2636 112 East Pecan Street San Antonio, TX 78205 First Tenn. Sec. Corp. 2525 West End Ave. Suite 1250 Nashville, TN 37203 Lamar Companies P.O. Box 66338 Baton Rouge, LA 70896 Accountants on Call 1101 Kermit Drive Nashville, TN 37217 Cathy L. Loyd 12016 Gold Dust Ave. E Scottsdale, AZ 85259 THT Mechanical Service Group 2824 Kings Gate Drive Carrollton, TX 75006 AIG, Inc. 1521 North Cooper Street Arlington, TX 76011 Roggeman Air Conditioning Refrig. P.O. Box 1163 Portland, TX 78374 Oklahoma Gas Electric P.O. Box 24990 Oklahoma City, OK 73124-0990 Lakeland Electric Water P.O. Box 32006 Lakeland, FL 33802-2006 Kelly Brown (for Mrs. Baird's Bakeries) Fax Number: 817/212-2199 Springfield Grocer Co., Inc. P.O. Box 8500 Springfield, MO 65801-8500 Ecolab Pest Elimination 370 N. Wabasha Street St. Paul, MN 55102-1390 Precision Air Cable 205 N. Hwy 175 Seagoville, TX 75159 Real Equity Investment 25 Dale Road Trumbull, CT 06611 Residence Inn 2300 Elm Hill Pike Nashville, TN 37214 CNA Financial Corp. P.O. Box 95777 Chicago, IL 60694-5777 GE Capital Business Asset Funding Corp. 10900 N.E. 4 St. Suite 500 Bellevue, WA 98004 City Produce-Austin P.O. Box 14544 Austin, TX 78761 Edward Don Company 135 S. LaSalle St. Dept. 2562 Chicago, IL 60674-2562 Divall Income Properties 3 C/o The Prove Group 101 W 11th St, Ste 1110 Kansas City MO 64105 United Healthcare Attn: Direct Billing COBRA Admin 515 Pennsylvania Ave. Ft. Washington, PA 19034 Reliant Energy/Houston L P P.O. Box 4405 Houston, TX 77210-4405 TXU Electric P.O. Box 100001 Dallas, TX 75310-0001 Admiral Linen Uniform 2030 Kipling Houston, TX 77098 American Express Travel c/o Paul Heimberg, Esq. 7015 Beracassa Way Boca Raton, FL 33433-3453 Jason Halpern, Esq. jason.halpern@aexp.com Amer. Express Gen Cnsl's Ofc 90 Hudson Street Jersey City N.J. 07302 Captec Financial Group, Inc. 24 Frank Lloyd Wright Dr. Lobby L, 4 Floor Ann Arbor, MI 48106 Sabre Realty Management 16475 Dallas Parkway Addison, TX 75001 Chef's Produce — Houston Attn: Eric Tsangtsang 4007 Telephone Road Houston, TX 77087 Hobart Corp. 5120 Ashbrook Houston, TX 77081 Weingarten Realty Investors PO Box 277879 Atlanta GA 30384-7849 International Cold Storage 215 East 13 Street Andover, KS 67002 CNL Growth Corp. 400 E. South Street, Ste 500 Orlando, FL 32801EXHIBIT B SAMPLE NOTICE OF FILING
Subject: Phoenix Restaurant Group, Inc., et al. Case No. 301-12036In the above-referenced bankruptcy, PLEASE TAKE NOTICE that [name of entity making Filing(s)] has filed a document captioned [insert title(s) of Filing(s)] on [insert date]. This filing is available for viewing: atwww.tnmb.uscourts.gov: in person at the Office of the Clerk of the Bankruptcy Court, 701 Broadway, Customs House, First Floor, Nashville, Tennessee 37203; or, by request to Professional Reprographics, 333 Union Street, Suite B-100, Nashville, Tennessee 37201 (telephone: (615) 255-6094; fax: (615) 255-8092). PR's charges for copying and delivery of the Filing are the responsibility of the requesting person.
PLEASE TAKE FURTHER NOTICE that any objection or other response to the Filing must be in writing, must be (i) filed with the United States Bankruptcy Court for the Middle District of Tennessee, 701 Broadway, Customs House, First Floor, Nashville, Tennessee 37203, on or before 4:00 p.m. Prevailing Central Time on [insert applicable response deadline for Omnibus Hearing] (the "Response Deadline"); (ii) must be served so as to be received by each of the undersigned counsel on or before the Response Deadline; and (iii) filed and serve in accordance with the courts Order Establishing Notice, Case Management and Administrative Procedures dated November 15, 2001 (document no. 90).
PLEASE TAKE FURTHER NOTICE that if a timely response or objection is filed, a hearing will be held before the United States Bankruptcy Court for the Middle District of Tennessee in Courtroom Two. Customs House, 701 Broadway. Nashville, Tennessee 37203 on [insert date/time of applicable Omnibus Hearing].
PLEASE TAKE FURTHER NOTICE that if no response or objection to the filing is timely filed and served, the court may grant the relief requested without further notice or a hearing consistent with LBR 9013-1.
Respectfully submitted,
[insert name, firm name, address, telephone number, fax number and small address of party making filing]