Case 2:17-ap BB Doc 50 Filed 05/04/17 Entered 05/04/17 14:14:01 Desc Main Document Page 1 of 6

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1 Main Document Page 1 of 6 Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Address Jeffrey N. Pomerantz (CA Bar No ) Jeffrey W. Dulberg (CA Bar No ) PACHULSKI STANG ZIEHL & JONES LLP Santa Monica Blvd., 1th Floor Los Angeles, CA Tel: ; Fax: jpomerantz@pszjlaw.com jdulberg@pszjlaw.com Attorneys for Defendants FOR COURT USE ONLY UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - LOS ANGELES DIVISION In re: NASTY GAL INC., CASE NO.: :16-bk-486-BB CHAPTER: 11 ADVERSARY NO.: :17-ap-0110-BB Debtor. Debtor(s). OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF NASTY GAL, INC., NOTICE OF LODGMENT OF ORDER OR Plaintiff(s), JUDGMENT IN ADVERSARY PROCEEDING vs. RE: (title of motion 1 ): HERCULES CAPITAL, INC. f/k/a Hercules Technology Growth Capital, Inc.; HERCULES TECHNOLOGY III, L.P. DEFENDANTS MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO RULE 701 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, INCORPORATING BY REFERENCE, RULE 1(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE Defendant. PLEASE TAKE NOTE that the order or judgment titled PROPOSED ALTERNATIVE FORM OF ORDER DENYING DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO RULE 701 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, INCORPORATING BY REFERENCE, RULE 1(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; AND () SCHEDULING CONTINUED STATUS CONFERENCE AND MEDIATION DEADLINES was lodged on (date) May 4, 017 and is attached. This order relates to the motion which is docket number 5. 1 Please abbreviate if title cannot fit into text field. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 01 Page 1 F ADV.NOTICE.LODGMENT DOCS_LA: /001

2 Main Document Page of 6 EXHIBIT A This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 01 Page 1 F ADV.NOTICE.LODGMENT DOCS_LA: /001

3 Main Document Page of Stuart Komrower (pro hac vice) Felice R. Yudkin (pro hac vice) COLE SCHOTZ P.C. 5 Main Street Hackensack, NJ Tel: (01) Fax: (01) skomrower@coleschotz.com rjareck@coleschotz.com Jeffrey N. Pomerantz (CA Bar No ) Jeffrey W. Dulberg (CA Bar No ) PACHULSKI STANG ZIEHL & JONES LLP Santa Monica Blvd., 1th Floor Los Angeles, Ca Tel: Fax: jpomerantz@pszjlaw.com jdulberg@pszjlaw.com Attorneys for Hercules Technology Growth Capital, Inc. UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION In re: NASTY GAL INC., Debtor. OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF NASTY GAL, INC., v. Plaintiff, HERCULES CAPITAL, INC. f/k/a Hercules Technology Growth Capital, Inc.; HERCULES TECHNOLOGY III, L.P. Defendants. Case No.: :16-bk-486-BB Chapter 11 Adv. Pro. No. :17-ap-0110-bb PROPOSED ALTERNATIVE FORM OF ORDER DENYING DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO RULE 701 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, INCORPORATING BY REFERENCE, RULE 1(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; AND () SCHEDULING CONTINUED STATUS CONFERENCE AND MEDIATION DEADLINES Hearing: Date: May, 017 Time: :00 p.m. Place: Courtroom E. Temple Street Los Angeles, CA / v1

4 Main Document Page 4 of At the above-referenced date, time, and location, the Court held a status conference (the "Status Conference") in the above-entitled adversary action, and hearing (together with the Status Conference, the "Hearing") to consider the "Defendants' Motion To Dismiss First Amended Complaint Pursuant To Rule 70I Of The Federal Rules Of Bankruptcy Procedure, Incorporating By Reference, Rule I(b)(6) Of The Federal Rules Of Civil Procedure" [Adv. Doc. No. 5] (the "Motion") filed by defendants Hercules Capital, Inc., formerly known as Hercules Technology Growth Capital, Inc. and Hercules Technology ill, L.P. (collectively, "Hercules"), pursuant to which Defendants sought to dismiss the "First Amended Complaint For: (I) Disallowance Of Claims, () Breach Of Contract, () Violation Of The Automatic Stay, (4) Turnover, Disgorgement And/Or And Recovery Of Postpetition Transfers, And (5) Equitable Subordination Of Claims" [Adv. Doc. No. 15] (the "FAC") filed against Hercules by the Official C o m m i t t e e of Unsecured Creditors (the "Committee") of Nasty Gal, Inc., the debtor and debtor in possession herein (the "Debtor"). Appearances at the Hearing were made as set forth on the record of the Court. Upon consideration of the Motion, the Committee s opposition to the Motion [Adv. Doc. No. ] (the "Opposition"), Hercules' reply to the Opposition [Adv. Doc. No. 6] (the Reply ),all documents and evidence submitted in support of the foregoing, the statements, representations and arguments of counsel made at the Hearing, the procedural posture of the case and for other good cause, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Motion is denied in its entirety under FRCP 1(b)(6) and BR 701 for the reasons set forth on the record, without prejudice to Defendants right to raise arguments made in the Motion by summary judgment or other appropriate motion at later date.. Hercules shall file their answer to the FAC within fourteen (14) days of entry of this order.. The parties, including the Liquidating Trustee under the Joint Plan of the Debtor and the Committee ( Plan ) in the event that the Plan is confirmed prior to the mediation, are ordered to participate in one full day of mediation with a mediator selected by the parties, to be completed by 49066/ v1

5 Main Document Page 5 of July 6, 017. The parties shall meet and confer and select a mediator, and lodge a completed proposed order referring the matter to mediation by May 6, The Status Conference is continued to July 6, 017 at :00 p.m. A joint status conference report shall be filed by July 1, 017, in accordance with the Local Bankruptcy Rules. IT IS SO ORDERED. # # # / v1

6 Main Document Page 6 of 6 PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: Santa Monica Boulevard, Suite 100, Los Angeles, California A true and correct copy of the foregoing document entitled: NOTICE OF LODGMENT OF ORDER OR JUDGMENT IN ADVERSARY PROCEEDING will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) May 4, 017, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the addresses stated below: Todd M Arnold tma@lnbyb.com Gary E Klausner gek@lnbyb.com Kurt Ramlo kr@lnbyb.com, kr@ecf.inforuptcy.com United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov Service information continued on attached page. SERVED BY UNITED STATES MAIL: On (date), I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 4 hours after the document is filed. Service information continued on attached page. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) May 4, 017, I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 4 hours after the document is filed. VIA HAND DELIVERY U.S. Bankruptcy Court Honorable Sheri Bluebond 55 E. Temple Street, Suite 154/Courtroom 159 Los Angeles, CA 9001 Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. May 4, 017 MYRA KULICK /s/ Myra Kulick Date Printed Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 01 Page F ADV.NOTICE.LODGMENT DOCS_LA: /001