Case KJC Doc 3874 Filed 04/07/15 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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1 Case KJC Doc 3874 Filed 04/07/15 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) TROPICANA ENTERTAINMENT, LLC, et al., ) Case No (KJC) ) Debtors. ) Jointly Administered ) ) Re: Docket No ) Hearing date: April 14, 2015, at 1:30 p.m. (ET) OPCO DEBTORS OBJECTION TO MOTION TO INTERVENE The OpCo Debtors 1 file this objection (the Objection ) to the Motion to Intervene (the Motion ) purportedly filed by Jonathan Rich, Jimmy K. Thulmes, and Amber Lambert (the Movants, and each individually a Movant ), request the entry of the proposed order attached as Exhibit A denying the Motion (the Proposed Order ), and in support state as follows. Background 1. The OpCo Debtors do know what the basis for the Motion is. The OpCo Debtors books and records show no amounts owing to any of the Movants, no Movant filed a proof of claim against the OpCo Debtors, and the docket reflects no activity by any Movant in these cases. In sum, the OpCo Debtors do not know what the Movants interest is in this bankruptcy, 1 The OpCo Debtors in these chapter 11 cases, along with the last four digits of each of their federal tax identification numbers, are: Adamar Garage Corporation (1225); Argosy of Louisiana, Inc. (5121); Atlantic- Deauville Inc. (2629); Aztar Corporation (6534); Aztar Development Corporation (0834); Aztar Indiana Gaming Company, LLC (5060); Aztar Indiana Gaming Corporation (1802); Aztar Missouri Gaming Corporation (8819); Aztar Riverboat Holding Company, LLC (5055); Catfish Queen Partnership in Commendam (4791); Centroplex Centre Convention Hotel, L.L.C. (2613); Columbia Properties Laughlin, LLC (9651); Columbia Properties Tahoe, LLC (1611); Columbia Properties Vicksburg, LLC (0199); CP Baton Rouge Casino, L.L.C. (9608); CP Laughlin Realty, LLC (9621); Jazz Enterprises, Inc. (4771); JMBS Casino LLC (6282); Ramada New Jersey Holdings Corporation (4055); Ramada New Jersey, Inc. (5687); St. Louis Riverboat Entertainment, Inc. (3514); Tahoe Horizon, LLC (9418); Tropicana Entertainment Holdings, LLC (9131); Tropicana Entertainment Intermediate Holdings, LLC (9214); Tropicana Entertainment, LLC (9263); Tropicana Express, Inc. (0806); and Tropicana Finance Corp. (4040). The location of the OpCo Debtors corporate headquarters and the service address for all of the OpCo Debtors is: 3930 Howard Hughes Parkway, 4th Floor, Las Vegas, Nevada RLF v.1

2 Case KJC Doc 3874 Filed 04/07/15 Page 2 of 5 or what the Movants are intervening into To better understand who the Movants are and whether their concerns could be resolved without a hearing, counsel for the OpCo Debtors sent the Movants a letter on March 23, 2015, a copy of which is attached as Exhibit B. Because the OpCo Debtors received no response to this letter, they are forced to object to the Motion. 3. Having received no response, the OpCo Debtors utilized other resources to try to understand who the Movants are and any interest they may have in these cases. As best the OpCo Debtors have been able to determine, Movant Jonathon Rich is imprisoned and routinely tries to intervene in cases in which he holds no interest. See Solliday v. Dir. of Bureau of Prisions, 2014 WL , at *2 (D. Minn. Nov. 14, 2014) ( Riches is a pro se litigant who has a history of filing frivolous lawsuits and motions... across the country. ); In re Genetically Modified Rice Litig., 2008 WL , at *1 n.2 (E.D. Mo. Nov. 19, 2008); Wikipedia, Jonathan Lee Riches, (last visited Apr. 3, 2015). 4. In so doing, Mr. Riches frequently includes various aliases in his filings. Riches v. Wilkinson, 2011 WL , at *1 (E.D. Ky. Feb. 4, 2011). He has included names very similar that of Movant Jimmy K. Thulmes in other filings, including Jimmy Jahar Thula, Jimmy Thula, Jimmy James Thule, Jimmy Thule, and James Jared Thule, Solliday, 2014 WL , at *1-2, such that the OpCo Debtors believe Movant Jimmy K. Thulmes does not exist. Amber Lambert also appears to be imprisoned, and has either recently joined Mr. Riches in his frivolous filings, or her name is being used by Mr. Riches without her consent. 3 Attached as Exhibit C is a 2 As such, the OpCo Debtors reserve all rights in light of any additional facts. 3 It is unclear to the OpCo Debtors how Ms. Lambert, whose inmate number and address indicate that she is incarcerated in Mississippi, could sign a motion prepared by Mr. Riches in Pennsylvania, or vice versa \V-3 RLF v.1 2

3 Case KJC Doc 3874 Filed 04/07/15 Page 3 of 5 copy of a similar motion signed by Jonathon Rich, Amber Lambert, and Jimmy K. Thale, that was filed with this Court in the In re Energy Future Holdings Corp. bankruptcy proceedings on March 13, Response 5. The Motion should be denied on the grounds that the Movants have no interest in this case. 6. Federal Rule of Bankruptcy Procedure 2018(a) only allows an interested party to intervene. See also In re ANC Rental Corp., Inc., 278 B.R. 714, 719 (Bankr. D. Del. 2002) (requiring intervenor to have an interest in the proceeding that the Bankruptcy Code seeks to protect ). Movants have demonstrated no interest in this bankruptcy case and they have none. Accordingly, the Movants request to intervene should be denied. 7. Nor are Movants able to intervene under Federal Rule of Bankruptcy Procedure 7024, assuming it were applicable. Even the plain language of the rule reveals that it only allows Movants the right to intervene in an action. An action is defined by the Federal Rules of Bankruptcy Procedure as an adversary proceeding or, when appropriate, a contested petition, or proceedings to vacate an order for relief or to determine any other contested matter. Fed. R. Bankr. P. 9002(1). Movants seek to intervene in the case generally, not in any action or adversary proceeding, and thus the rule provides no basis for permitting their intervention. 8. Mr. Riches motions to intervene are routinely denied. By way of example, attached as Exhibit D is a copy of a motion to intervene in the In re GSE Environmental, Inc., et al. bankruptcy proceedings, signed by, inter alia, Jonathan Rich and Jimmy James Thule. The debtors objected to this motion, a copy which is attached as Exhibit E, which the Court subsequently denied in the order attached as Exhibit F. Another example comes from the In re Stock Building Supply Holdings LLC, et al. bankruptcy, where Jonathan Lee Riches d/b/a Ichiro \V-3 RLF v.1 3

4 Case KJC Doc 3874 Filed 04/07/15 Page 4 of 5 Suzuki moved to intervene. The debtors objected and the Court denied the motion. Copies of the motion, objection and order are attached as Exhibits G, H and I respectively. Notice 9. Notice of the filing of this Objection has been provided to: (a) the Movants, (b) the debtors in bankruptcy represented by Jones Day LLP, (c) the Office of the United States Trustee for the District of Delaware, (d) the Internal Revenue Service, (e) the Securities and Exchange Commission, and (f) any persons and entities who have filed a request for notice in these cases pursuant to Local Rule of Bankruptcy Procedure for the District of Delaware A copy of the Objection has also been made available on the website of the OpCo Debtors notice and claims agent, Kurtzman Carson Consultants LLC, at The OpCo Debtors submit that no further notice is required \V-3 RLF v.1 4

5 Case KJC Doc 3874 Filed 04/07/15 Page 5 of 5 WHEREFORE, the OpCo Debtors respectfully request the entry of the Proposed Order, denying the Motion and granting such other and further relief as the Court deems just and proper. Dated: April 7, 2015 Wilmington, Delaware Respectfully submitted, RICHARDS, LAYTON & FINGER, P.A. /s/ Zachary I Shapiro Mark D. Collins (No. 2981) Daniel J. DeFranceschi (No. 2732) Zachary I. Shapiro (No. 5103) One Rodney Square 920 North King Street Wilmington, Delaware Telephone: (302) Facsimile: (302) and - DENTONS US LLP Peter D. Wolfson (admitted pro hac vice) Oscar N. Pinkas (admitted pro hac vice) Carter White (admitted pro hac vice) 1221 Avenue of the Americas New York, New York Telephone: (212) Facsimile: (212) Co-Counsel for the OpCo Debtors \V-3 RLF v.1 5

6 Case KJC Doc Filed 04/07/15 Page 1 of 3 EXHIBIT A RLF v.1

7 Case KJC Doc Filed 04/07/15 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) TROPICANA ENTERTAINMENT, LLC, et al., 1 ) Case No (KJC) ) Reorganized Debtors. ) Jointly Administered ) ) Re: Docket Nos. 3869, ORDER DENYING MOTION TO INTERVENE Upon the objection (the Objection ) 2 of the OpCo Debtors seeking entry of an order (this Order ) denying the Motion to Intervene [Docket No. 3869] (the Motion ); and it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. 157; and it appearing that venue of this proceeding is proper in this district pursuant to 28 U.S.C and 1409; and adequate notice of the Objection and opportunity for response having been given; and it appearing that no other notice need be given; and the Court having considered the Motion and the Objection, and the exhibits attached thereto; 1 The OpCo Debtors in these chapter 11 cases, along with the last four digits of each of their federal tax identification numbers, are: Adamar Garage Corporation (1225); Argosy of Louisiana, Inc. (5121); Atlantic- Deauville Inc. (2629); Aztar Corporation (6534); Aztar Development Corporation (0834); Aztar Indiana Gaming Company, LLC (5060); Aztar Indiana Gaming Corporation (1802); Aztar Missouri Gaming Corporation (8819); Aztar Riverboat Holding Company, LLC (5055); Catfish Queen Partnership in Commendam (4791); Centroplex Centre Convention Hotel, L.L.C. (2613); Columbia Properties Laughlin, LLC (9651); Columbia Properties Tahoe, LLC (1611); Columbia Properties Vicksburg, LLC (0199); CP Baton Rouge Casino, L.L.C. (9608); CP Laughlin Realty, LLC (9621); Jazz Enterprises, Inc. (4771); JMBS Casino LLC (6282); Ramada New Jersey Holdings Corporation (4055); Ramada New Jersey, Inc. (5687); St. Louis Riverboat Entertainment, Inc. (3514); Tahoe Horizon, LLC (9418); Tropicana Entertainment Holdings, LLC (9131); Tropicana Entertainment Intermediate Holdings, LLC (9214); Tropicana Entertainment, LLC (9263); Tropicana Express, Inc. (0806); and Tropicana Finance Corp. (4040). The location of the OpCo Debtors corporate headquarters and the service address for all of the OpCo Debtors is: 3930 Howard Hughes Parkway, 4th Floor, Las Vegas, Nevada Capitalized terms used herein and not otherwise defined shall have those meanings ascribed in the Objection. RLF v.1

8 Case KJC Doc Filed 04/07/15 Page 3 of 3 and upon the record herein; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED: 1. The Motion is denied in its entirety with prejudice; and 2. This Court retains exclusive jurisdiction with respect to all matters arising from or relating to the implementation, interpretation, and enforcement of this Order. Date:, 2015 Wilmington, Delaware THE HONORABLE KEVIN J. CAREY UNITED STATES BANKRUPTCY JUDGE \V-2 RLF v.1 2

9 Case KJC Doc Filed 04/07/15 Page 1 of 4 EXHIBIT B

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13 Case KJC Doc Filed 04/07/15 Page 1 of 3 EXHIBIT C

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16 Case KJC Doc Filed 04/07/15 Page 1 of 3 EXHIBIT D

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19 Case KJC Doc Filed 04/07/15 Page 1 of 9 EXHIBIT E

20 Case KJC MFW Doc Doc Filed 07/18/14 04/07/15 Page 12 of of 59 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 GSE ENVIRONMENTAL, INC., et al.,' ) Case No (MFW) Debtors. ) (Jointly Administered) Re: Docket No. 285 DEBTORS' OBJECTION TO MOTION TO INTERVENE AS CREDITORS UNDER FEDERAL RULES OF BANKRUPTCY PROCEDURE The above-captioned debtors and debtors in possession (collectively, the "Debtors") file this objection (the "Objection") to the Motzon to InteNvene as CNeditors Under Federal Rules of Bankruptcy Procedure, filed by "Jonathan Rich" and purportedly filed by Christopher Donnelly, Christopher Wirth, Jonathan Rich, Frank Taylor, Aasim Stibbins, Jimmy James Thule, Jodi Ann Arias, and James Holmes [Docket No. 285] (the "Motion"). In connection with this Objection, the Debtors respectfully state as follows: Background 1. Jonathan Lee Riches is a federal prisoner notorious for his litigiousness. See Falce, Lori, Benner Inmate Known as Serial Lawsuit Filer Suspected in Fraudulent Suit, Centre Daily Times, July 5, 2014, (stating that Mr. Riches, a man with a reputation for being a "serial suit filer" was recently the subject of U.S. District Judge's letter to the warden at State Correctional Institution Benner Township ("Benner"), who wrote that the warden "may want to investigate Riches' recent activities" because Mr. Riches used two false names to file an appeal on behalf of ~ The Debtors in these chapter 1 l cases, along with the last four digits of each Debtor's federal tax identification number, include: GSE Environmental, Inc. (1074); GSE Environmental, LLC (1539); GSE Holding, Inc. (9069); and SynTec, LLC (2133). The location of the Debtors' service address is; 191Q3 Gundle Road, Houston, Texas KE

21 Case KJC MFW Doc Doc Filed 07/18/14 04/07/15 Page 23 of of 59 Karen Sypher without her consent). The Debtors believe that "Jonathan Rich" is a pseudonym for Jonathan Lee Riches (the "Movant").2 2. On June 30, 2014, the Movant filed the Motion, the body of which states: Comes now, Christopher Donnelly, Christopher Wirth, Jonathan Rich, Frank Taylor, Aasim Stibbins, Jimmy James Thule, Jodi Ann Arias, and James Holmes, moves to Intervene in the GSE Environmental proceedings as creditors. Intervenors will provide Questions of laws and Facts that are common in this Action. Intervenors have a common vested interest in this litigation. Intervenors respectfully pray for relief.3 The Movant, despite claiming to have "a common vested interest in this litigation" related to these chapter 11 cases, has included no attachments with the Motion, and, as demonstrated above, the Motion offers no detail as to what these documents might be and what they contain. Furthermore, there is no ongoing "litigation" in which the Movant may have an interest. Finally, the Debtors' books, records, and schedules do not indicate that the Movant or any of the other parties listed in the Motion are creditors of any of the Debtors. Response Intervention Under Fed. R. Civ. P. 24(a)(2) and 24(b) is not Justified. 3. The Movant seeks to intervene in these chapter 11 cases generally, not in an adversary proceeding within these chapter 1 l cases. Fed. R. Civ. P. 24(a)(2) and 24(b) apply to intervention in an "action." The Federal Rules of Bankruptcy Procedure have defined "action," 2 Indeed, "[flake names are nothing new for Riches. State records show a litany of aliases for him, including Jamie Dowling, Anthony Johnson, John Miller and. Curt Teague." Id. "Jonathan Rich" is not a prisoner at Benner, the institution where the Movant resides and the institution at the address listed on the Motion. Furthermore, the Movant "has filed cases with unknowing alleged. co-plaintiffs, including Kareem Abdul Jabbar." Id. James Holmes and Jodi. Ann Arias, two convicted felons whose cases were popularized. in the media, are listed as co-movants on the Motion. Christopher Donnelly, Christopher Wirth, Jonathan Rich, and Jimmy James Thule are movants on many other recently-filed cases, many of which have already been dismissed. See, e.g., Samuel Keller, et al. v. NCAA, et ac., No, C CW (N.D. Cal. June 11, 2014) [Docket No. 1116]. 3 The Motion was written by hand and contained multiple grammatical, spelling, and capitalization errors. KE

22 Case KJC MFW Doc Doc Filed 07/18/14 04/07/15 Page 34 of of 59 as used in the Federal Rules of Civil Procedure, as "an adversary proceeding or, when appropriate, a contested petition, or proceedings to vacate an order for relief or to determine any other contested matter." Fed. R. Bankr. P. 9002(1). As the Motion does not seek to intervene in any of these types of proceedings, Fed. R. Civ. P. 24(a)(2) and 24(b) are inapplicable. 4. In addition, as another court facing a similar motion by the Movant has pointed out, the Movant's request to intervene is defective for other reasons, including a failure to demonstrate either "an interest relating to the property ox transaction that is the subject of the action," as required for intervention under Fed. R. Civ. P. 24(a)(2), or, alternatively, that the Movant "(A) is given a conditional right to intervene by a federal statute; or (B) has a claim or defense that shares with the main action a common question of law or fact," as requixed under Fed. R. Civ. P. 24(a)(2). See Securities Investor PNotection Corporation v. Madoff, Case No (Bankr. S.D.N.Y. Jan. 30, 2009) (denying Mavant's motion to intervene in adversary proceeding). Accordingly, the Movant's request to intervene should be denied. Notice 5. The Debtors will provide notice of this Objection to: (a) the Office of the United States Trustee for the District of Delaware; (b) the Committee; (c) the administrative agent under the Debtors' first lien credit facility; (d) counsel to the administrative agent; (e) co-counsel to the administrative agent; (~ the first lien credit facility lenders; (g) counsel to the first lien credit facility lenders; (h) co-counsel to the first lien credit facility lenders; (i) the United States Environmental Protection Agency; (j) the United States Attorney's Office for the District of Delaware; (k) the Internal Revenue Service; (1) the office of the attorneys general for the states in which the Debtors operate; (m) the Securities and Exchange Commission; (n) the Movant (at the notice address set forth in the Motion); and (o) any party that has requested notice pursuant to KE

23 Case KJC MFW Doc Doc Filed 07/18/14 04/07/15 Page 45 of of 59 Bankruptcy Rule In light of the nature of the relief requested, the Debtors submit that no other or further notice is required. [Remainder of Page Intentionally Left Blank] KE

24 Case KJC MFW Doc Doc Filed 07/18/14 04/07/15 Page 56 of of 59 WHEREFORE, the Debtors respectfully re st that the Court deny the Motion with prejudice and enter an order substantially in e form ~ttached hereto as Exhibit A. Wilmington, Delaware Dated: July 18, 2014 Laura Davis Jones~Bar No. 2436) Timothy P. Cairns (DE Bar No. 4228) PACHULSKI STANG ZIEHL &JONES LLP 919 North Market Street, 17th Floor P.O. Box 8705 Wilmington, Delaware (Courier 19801) Telephone: (302) Facsimile: (302) lj ones@pszj law.com tcairns@pszjlaw.com -and- Patrick J. Nash, Jr., P.C. (admitted pro hac vice) Jeffrey D. Pawlitz (admitted pro hac vice) Bradley Thomas Giordano (admitted pro hac vice) HIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois Telephone: (312) Facsimile: (312) patrick.nash@kirkland.com j effrey.pawlitz@kirkland.com bradley. giordano@kirkland.com Co-Counsel for the Debtors and Debtors in Possession KL

25 Case KJC MFW Doc Filed 07/18/14 04/07/15 Page 17 of 39 EXHIBIT A Proposed Order KE

26 Case KJC MFW Doc Filed 07/18/14 04/07/15 Page 28 of 39 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 GSE ENVIRONMENTAL, INC., et al,,' ) Case No (MFW) Debtors. ) (Jointly Administered) Re: Docket Nos. 285, ORDER DENYING MOTION TO INTERVENE AS CREDITORS UNDER FEDERAL RULES OF BANKRUPTCY PROCEDURE Upon the abjection (the "Objection")2 of the above-captioned debtors and debtors in possession (collectively, the "Debtors"), and the Court having considered the Motion to InteNvene as Creditors Under Federal Rules of Bankruptcy Procedure [Docket No. 285] (the "Motion"); and this Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and this Court having found that this proceeding is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and that this Court may enter a final order consistent with Article III of the United States Constitution; and this Court having found that venue of this proceeding and this Motion in this Court is proper pursuant to 28 U.S.C and 1409; and this Court having found that the relief requested in the Objection is in the best interests of the Debtors' estates, their creditors, and other parties in interest; and this Court having found that the Debtors' notice of the Objection and the opportunity for a hearing on the Motion were appropriate and no other notice need be provided; and this Court having reviewed ~ The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, include: GSE Environmental, Inc. (1074); GSE Environmental, LLC (1539); GSE Holding, Inc. (9069); and SynTec, LLC (2133). The location of the Debtors' service address is: Gundle Road, Houston, Texas All capitalized terms used but otherwise not defined herein shall have the meanings set forth in the Objection. KE

27 Case KJC MFW Doc Filed 07/18/14 04/07/15 Page 39 of 39 the Objection and having heard the statements in support of the relief requested therein at a hearing before this Court (the "Hearin "); and this Court having determined that the legal and factual bases set forth in the Objection and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefore, it is HEREBY ORDERED THAT: 1. The Motion is denied with prejudice in its entirety. 2. The terms and conditions of this Order shall be immediately effective and enforceable upon entry of this Order. 3. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Dated:, 2014 Wilmington, Delaware THE HONORABLE MARY F, WALRATH UNITED STATES BANKRUPTCY JUDGE KE

28 Case KJC Doc Filed 04/07/15 Page 1 of 3 EXHIBIT F

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31 Case KJC Doc Filed 04/07/15 Page 1 of 2 EXHIBIT G

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43 Case KJC Doc Filed 04/07/15 Page 1 of 2 EXHIBIT I

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