Opinion
Case No. 00-35518-L Chapter 11
January, 2001
CASE MANAGEMENT ORDER
On January 8, 2001, upon notice to all interested parties, a Case Management Status Conference was held in the above referenced case, at which time the Court received comments from the Debtor and other parties in interest as to certain case management procedures to secure the just, speedy and inexpensive determination of this case and the proceedings arising therein in accordance with Fed.R.Bankr.P. 1001. Pursuant to 11 U.S.C. § 105 (d) and Fed.R.Bankr.P. 1015, 2002, 9007, 9013 and 9014, IT IS HEREBY ORDERED as follows:
MEETINGS OF CREDITORS
Meeting of Creditors. An initial meeting of creditors was held on Friday, January, 5, 2001 at 1:30 p.m. Present at this meeting were representatives of the Debtor who were available to answer questions. Because the time for filing the schedules and statements of financial affairs has been extended to January 31, 2001, an adjournment of the Meeting of Creditors for this case was necessary. The Meeting of Creditors will be adjourned to Friday, February 9, 2001, at 1:30 p.m., at which time creditors and interested parties may ask questions of the Debtor's representatives after having the opportunity to review the schedules and statement of financial affairs on file with the Court. Creditors or interested parties may attend the meeting and are not required to have attended the January 5, 2001 meeting to attend the February 9, 2001 meeting.
NOTICES
Noticing and Service. The Debtor shall submit to the Court a Comprehensive Service List ("CSL") containing the names and addresses of all creditors, equity security holders and other parties in interest in the case. The CSL shall be submitted on a computer disk or via electronic mail ("e-mail"). The CSL shall contain persons required to be listed on the Official Mailing Matrix plus equity security holders and known parties in interest. The Debtors shall be responsible for filing monthly amendments to the CSL as necessary or appropriate upon notice of any necessary change in the information contained in the CSL.
The clerk shall maintain the CSL on its computer system, adding to such list as amendments, entries of appearance and requests for notices which are served on Debtors' counsel or filed with the Court. The CSL, as amended from time to time shall be the list to which all notices required by Fed.R.Bankr.P. 2002(a)(1),(4),(5),(8) and (b), (d), and (f) and any other document the Court determines should be served upon all parties in interest.
Master Service List and Limitations on Notices. Unless otherwise specified by the Court, all notices and filings in this case shall be served upon the following entities and this list shall be denominated as the Master Service List ("MSL"):
The Debtors and Debtors' Counsel;
The Assistant United States Trustee;
The chairperson of and counsel retained by any official committees established pursuant to 11 U.S.C. § 1102; and
All persons or entities filing an entry or notice of appearance and/or request for service of documents and requesting to be placed on the MSL. a. On or before January 31, 2001, the Debtors shall file with the Court and serve on the parties listed above a copy of a the MSL which shall contain the names and addresses and fax numbers and e-mail addresses, if available, of all persons and entities listed above. The initial MSL shall be captioned "Master Service List #1, dated January 31, 2000." The Debtor shall keep the MSL current. Every other Friday, the Debtor shall file and serve an updated MSL unless there have been no changes since the previous MSL. Each updated MSL shall be sequentially numbered and dated. The clerk and Debtor shall make the MSL and any updated MSL available electronically, as more fully set forth below in paragraph ___.
b. Any certificate of service or certificate of compliance with Local Bankr. R. 9013-1 required to be filed shall state "It is hereby certified that service has been made by [method of service] this ___ day of ___, ___, on all persons and entities appearing on Master Service List # ___, dated ___." The actual MSL need not be attached to the pleadings or the certificate of service. Service by facsimile and e-mail is permitted on the persons and entities on the MSL unless and until a written objection is received from any person that such method of service is unsatisfactory. The Clerk shall maintain copes of the MSL in a separate folder in addition to electronically.Service in Adversary Proceedings. All filings in adversary proceedings shall be served, pursuant to Fed.R.Bankr.P. 7004 and 7005, upon all parties having a particularized interest in the subject of the filings or the motions.
Service in Contested Matters. All filings in contested matters shall be served on all parties having a particularized interest in the subject of the filings or motions and upon persons and entities on the most current MSL unless leave of Court has been obtained to limit service for cause shown. Cause may exist, for example, if the pleading or its attachments are voluminous. In such a case, the Court may permit service to the MSL of a short notice of the pleading containing sufficient information regarding the identity of the party filing the pleading, and name address and telephone number and fax number of the attorney(s) of such party (or the party, if unrepresented), a short summary of the contents of the pleading, the identity of any particular parties affected, the relief requested and the date by which objections or responses must be filed, so that the person receiving the notice of the pleading may determine whether to request a copy of the pleading. The notice shall indicate a procedure for obtaining a copy of the pleading. A one page notice may be printed on both sides of the page.
Service by Electronic Mail. Any entity may affirmatively elect to receive notices and service of pleadings by electronic mail. Entities desiring service by electronic mail shall file and serve upon counsel for the Debtors a notice of appearance, which shall include in a conspicuous designation a request to receive service by electronic mail and the appropriate electronic mail address. Electronic mail will be the sole manner of service for those entities requesting such service.
Adequacy of Notice. Notice in accordance with the provisions of this Order shall be deemed adequate pursuant to Fed.R.Bankr.P. 2002.
COPIES
Copies of Documents to Be Filed with Court. Each original document (including pleadings, appendices, memoranda, notices and orders of the Court) filed in this case and in adversary proceeding arising in this case, shall be accompanied by three (3) copies. The distribution of copies by the Clerk shall be as follows:
a. Original to Clerk of the Bankruptcy Court for docketing in the original case file;
b. One copy for judge's chambers;
c. One copy for service; and
d. One copy for the Assistant United States Trustee.
Obtaining Electronic Copies of Documents and Docket. Interested parties may obtain the copies of certain documents filed with the Court electronically via the world wide web or by requesting copies from and providing for payment of normal customary copying expenses to Debtor's counsel. In addition to the MSL, copies of various documents filed in this case will be maintained by the Court on its website. The address where electronic copies of documents may be obtained is as follows: "www.tnwb.uscourts.gov". Documents on this site will be available in PDF format. The docket schedule will be available at the PACER (Public Access to Court Electronic Records) address as follows:
"http://pacer.psc.uscourts.gov/". To access the docket and other documents via the pacer site, a dial up fee of $.60 per minute will be charged, or, by following instructions given at the site, it is possible to access PACER via the internet for $.07 per page.Obtaining Copies of Filed Documents. Interested parties may obtain copies of documents filed with the Court electronically via the world wide web or by requesting copies from and providing for payment of normal customary copying expenses to Debtor's counsel. Debtor's counsel shall maintain a complete copy of all documents filed in this case. Debtor's counsel or its designated copy service shall, upon request of any person, supply copies of any requested documents at a reasonable cost paid by the requesting person. Debtor's counsel shall be responsible for monitoring the performance of any designated copying service. Copies made by Debtor, their counsel or any designated copy service shall be provided at a cost of not to exceed 20 cents per page plus actual mailing costs, if any.
Designated Copy Service. Summit Copy Service, LLC is the designated copy service and requests may be made directly through Summit at the following address:
Summit Copy Service, LLC Brinkley Plaza 80 Monroe Avenue, Suite L5 Memphis, Tennessee 38103 (901) 578-7806 Phone (901)578-7819 Fax
Payment arrangements shall be between the party requesting copies and the party providing copies. Records of the copies supplied and the payments shall be kept separately from Debtor's or counsel's records of photocopies made during the course of representation in these cases.
Certified Copies. Parties desiring certified copies of documents must request such certified copies from the Bankruptcy Court Clerk's office. Neither the Debtor nor its copy service is able to provide certified copies of documents.
PRO HAC VICE APPLICATIONS
Non-Resident Attorneys. In this case, applications by non-resident attorneys for admission pro hac vice shall be in writing and accompanied by an affidavit stating that (1) the applicant is a member in good standing of the bar of another state or any other court of the United States; specifying the bar(s) of which the applicant is a member; (2) the applicant is not and not been the subject of disciplinary proceedings in any other jurisdiction; and (3) the applicant has obtained a copy of, and has reviewed, this Court's local rules; an order granting admission pro hac vice; and a check in the amount of $10.00 per case made payable to the Bankruptcy Clerk. The application also must provide the applicant's name, address, telephone, number, facsimile number and e-mail address (if the applicant desires to receive service of pleadings by electronic mail). Each attorney that seeks admission pro hac vice must follow the above procedures, even if another attorney from the same firm has already been admitted pro hac vice.
STATUS CONFERENCES; REGULAR HEARING DATES; REQUESTS FOR RELIEF; COPIES OF COURT CALENDARS
Status Conferences and Regular Court Dates. To minimize travel expenses for out of town counsel and other parties in interest and to minimize conflicting or duplicative hearings on related matters, the Court shall conduct regular status conferences on the ___ of each month. To the extent practical, all matters in these case shall be heard on these days. In the event that a hearing is necessary on a date other than on the regularly scheduled status conference day, the moving party shall contact Barta Vaden, Courtroom Deputy for Judge Jennie D. Latta at (901) 328-3571 for specific information on such requests.
Scheduling Motions for Hearing. Scheduling of motions, applications, requests, etc. ("Motions") for hearing shall be subject to the Court's discretion. All Motions shall be accompanied by an Order and Notice of Hearing (Local Bankr. Form 6) but it is not necessary for proposed orders to accompany the motions.
Filing Deadlines. Absent exigent circumstances, which must be stated in the Motion, and except for motions seeking relief under 11 U.S.C. § 362, any Motion requiring a hearing will be set at least 15 days from the date the Motion was filed in order to allow for proper service of the Motion and Order and Notice of Hearing. Except as otherwise ordered by the Court, an objection or memorandum in opposition to a motion shall be filed and served within 10 days after receipt of the Motion, or as set forth in the Order and Notice of Hearing when returned from the Court for servicing. At its discretion, the Court may dispense with oral argument and decide Motions on the evidence and the briefs.
Copies of Court Calendars. Copies of court calendars may be obtained via the Court's website at "www.tnwb.uscourts.gov". Persons may search for the calendars by case number, debtor's name, attorney name, Judge's name.
FORM OF DOCUMENTS
Form of Papers and Page Limits. Pleadings and other papers filed in these cases may be single or double-spaced using a 12 point or larger type size. Headings and paragraphs in single spaced papers shall be separated by at least one blank line. Briefs or memoranda accompanying a motion or response shall be 10 single-spaced or 20 double-spaced pages. Upon request stating good cause, the Court may grant permission to exceed the page limitations set forth herein.
PROOFS OF CLAIMS AND/OR INTERESTS AND BAR DATE
Proofs of Claim and Interests; Filing; Bar Dates. The bar date for filing proofs of claim is April 5, 2001, for all nongovernmental creditors and July 4, 2001, for governmental creditors.
FILING OF DISCLOSURE STATEMENT AND SUMMARY OF PLAN
The Debtor shall file its disclosure statement and summary of plan on or before April 4, 2001.
DEBTORS' DUTIES TO SUPPLY AND SUPPLEMENT INFORMATION
Debtors' Duties to Supplement and Supply Information. Upon receipt of a notice or entry of appearance, the Debtors shall, within ten (10) days of receipt of such entry of appearance, mail a copy of this Case Management Order and any amendments thereto to such appearing entity. In addition, the Debtors shall, within such ten (10) day period add such entity to the MSL.
REIMBURSEMENT AND COMPENSATION OF PROFESSIONALS EMPLOYED BY THE DEBTOR Provisions for Monthly Payment of Professionals Retained by the Debtor.
A. Unless otherwise ordered by the Court, on or before the fifteenth (15th) day of each month commencing with January 15, 2001, each professional retained by the Debtor (the "Professional") will submit a statement of the fees and expenses for the previous month for which payment is sought (the "Monthly Statement") to
(i) the Debtor at 4250 E. Shelby Drive, Memphis, Tennessee 38118, ATTN: Accounts Payable;
(ii) Humphreys Dunlap Wellford Acuff Stanton, P.C., ATTN: Ann Young, 2200 First Tennessee Building, Memphis, TN 38103-2795;
(iii) Baker Donelson Bearman Caldwell, ATTN: Stephen W. Ragland, 2000 First Tennessee Bank Building, Memphis, TN 38103 (Attorneys for Lenders);
(iv) Office of the United States Trustee, ATTN: Madalyn S. Greenwood, Assistant United States Trustee, 200 Jefferson Avenue, Suite 400,, Memphis, TN 38103; and
(v) Counsel for the Official Committee of Unsecured Creditors;
Each of the entities receiving a copy of the Monthly Statement shall have until the last day of the month to review the Monthly Statement and to serve an objection, if any, as provided in paragraph (B) below.
From such funds as Debtor is authorized to use for this purpose, the Debtor shall pay as soon as possible, but in any event by the 14th day after invoice, one hundred percent (100%) of the fees and one hundred percent (100%) of the expenses requested in the Monthly Statement. The Professional shall deposit twenty percent (20%) of one hundred percent (100%) of the fees into the Professional's escrow account (the "Holdback"). The Professional shall retain the Holdback in its escrow account until entry of an Order with this Court addressing how the Holdback is to be applied. In the event an objection is filed to the monthly statement and the amount objected to is 20% or less of the total fees requested, then the Professional is allowed to apply eighty percent (80%) of the fees against its fee statement; however, if the amount objected to is greater than twenty percent (20%), then this Court shall conduct a hearing as set forth herein.
B. In the event that the Debtor, the United States Trustee, the Lender or any Committee has an objection to the compensation or reimbursement sought in a particular Monthly Statement, it shall, on or before the last day of the month following the submission of the Monthly Statement serve upon (i) the Professional whose Monthly Statement is objected to, and (ii) except to the extent duplicative of the foregoing clause (i), the other persons designated to receive a copy of the Monthly Statements in paragraph (A) above, a written "Notice of Objection to Fee Statement," setting forth the precise nature of the objection and the amount at issue. Thereafter, the objecting party and the Professional whose Monthly Statement is objected to shall attempt to reach an agreement regarding the correct payment to be made. If the parties are unable to reach an agreement resolving the objection within a reasonable time, the Professional whose Monthly Statement is objected to shall have the option of (1) filing the objection together with a request for payment of the disputed amount with the Court; or (2) foregoing the filing of the objection and request for payment of the disputed amount until the next interim fee application hearing, at which time the objecting party may advocate its objection before the Court if payment of the disputed amount is requested. Notwithstanding any objection to a Monthly Statement, the Debtor shall be required to pay promptly the full amount invoiced from such funds as Debtor is authorized to use for this purpose.
C. The first Monthly Statement shall be submitted by each of the professionals currently employed on or before January 15, 2001, and shall cover the period from the commencement of this case (or the approval of their appointment) through the end of December 2000.
D. Approximately every four (4) months, each Professional shall file with the Court and serve on the parties identified in paragraph (A) above, an application for interim Court approval and allowance, pursuant to 11 U.S.C. § 331 and 503, of the compensation and reimbursement of expenses requested for the prior four (4) months. The first such application shall be filed on or about April 30, 2001, and shall cover the period from the commencement of the cases.
E. Neither the payment of, nor the failure to pay, in whole or in part, monthly interim compensation and reimbursement of expenses as provided herein shall bind any party in interest or the Court with respect to the allowance of applications for compensation or reimbursement of expenses of Professionals.
F. All notices of hearings to consider interim applications for fees and expenses shall be sent to those parties listed on the Master Service List.
G. The Debtor shall include all payments made to Professionals on its monthly operating reports, stating the amounts paid to each Professional.
H. Notwithstanding the fact that the United States Trustee does not file objections as to reasonableness on a monthly basis, this Order is without prejudice to the right of the United States Trustee to file an objection at the time of the hearing on fee applications.
TERM OF ORDER
This Order shall continue in effect until modified by further order. Any party at any time may move for reconsideration or modification of this Order. Service of such motion shall be to all persons and entities on the MSL. The Court may amend this Order, sua sponte, at any time.