Case reg Doc 909 Filed 06/30/17 Entered 06/30/17 14:10:57

Transcription

1 Hearing Date and Time: July 6, 2017 at 10:00 a.m. PACHULSKI STANG ZIEHL & JONES LLP 780 Third Avenue, 34 th Floor New York, NY Telephone: (212) Facsimile: (212) Robert J. Feinstein, Esq. Ilan D. Scharf, Esq. Jeffrey P. Nolan, Esq. (admitted pro hac vice) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re: FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC. d/b/a FEGS, Debtor. THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF FEGS, Chapter 11 Case No (REG) DATE: July 6, 2017 TIME: 10:00 A.M. PLACE: Courtroom 860 vs. Plaintiff, BROADWAY TERRACE ASSOCIATES Adv. Case No CORP. Adv. Case No HEMPSTEAD, LLC. Adv. Case No TEACHERS INSURANCE & ANNUITY ASSOCIATION Adv. Case No MONTAGUE HOLDINGS LLC Adv. Case No FLATBUSH REALTY ASSOCIATION Adv. Case No CRESTWOOD MECHANICAL COMPANY Adv. Case No CHEM RX PHARMACY SERVICES, LLC Adv. Case No CIT FINANCE, LLC Adv. Case No CABLEVISION LIGHTPATH, INC Adv. Case No DOCS_LA: /002

2 AETNA, INC. Adv. Case No ANDREWS INTERNATIONAL, INC. Adv. Case No AFGO MECHANICAL SERVICES, INC. Adv. Case No LENOX AVENUE, LLC Adv. Case No HUDSON, LLC Adv. Case No REALTY LLC Adv. Case No REALTY COMPANY Adv. Case No ASG&C, INC. Adv. Case No APEX PEST CONTROL INC. Adv. Case No EXECUTIVE CLEANING SERVICES, LLC Adv. Case No EAST SIDE HOUSE, INC. Adv. Case No DUNBAR OWNER LLC Adv. Case No DISTINCTIVE WORKFORCES SOLUTIONS Adv. Case No D.L. PETERSON TRUST Adv. Case No FALAK LTC Adv. Case No GLOBAL COMMUNICATION SERVICES, INC. Adv. Case No GLATT WORLD INC. Adv. Case No HIAS, INC. Adv. Case No FOJP SERVICE CORP. Adv. Case No THERAPEUTIC ASSOCIATES, INC Adv. Case No RPAI US MANAGEMENT, LLC Adv. Case No METROPOLITAN FOODS NYC, INC Adv. Case No DOCS_LA: /002 2

3 KITTAY HOUSE, JEWISH HOME LIFECARE INC. Adv. Case No KEW GARDENS HILLS, LLC. Adv. Case No LINCOLN NATIONAL LIFE COMPANY Adv. Case No MED WORLD ACQUISITION CORPORATION Adv. Case No KEKST AND COMPANY, INCORPORATED Adv. Case No JDJ PROPERTIES, LLC Adv. Case No IMA SYSTEMS, LLC Adv. Case No JCC OF THE GREATER FIVE TOWNS Adv. Case No SHOREGROUP, INC. Adv. Case No SCHUR MANAGEMENT CO., LTD Adv. Case No ROSMILL ASSOCIATES, LP Adv. Case No MITCHELL / MARTIN INC. Adv. Case No MONTEFIORE MEDICAL CENTER Adv. Case No NEW VISIONS FOR PUBLIC SCHOOLS Adv. Case No NEW YORK LEGAL ASSISTANCE GRP Adv. Case No NEW YORK UNIVERSITY Adv. Case No NEXT SOURCE, INC. Adv. Case No OXFORD HEALTH PLANS, INC. Adv. Case No RIVERSIDE PARK COMMUNITY LLC Adv. Case No ROBIN HOOD FOUNDATION Adv. Case No BRONX LEBANON HOSPITAL CENTER Adv. Case No COURTHOUSE CORPORATE CENTER, LLC Adv. Case No DOCS_LA: /002 3

4 WALLACE AVENUE Adv. Case No AMERICAN EXPRESS COMPANY Adv. Case No CONSOLIDATED EDISON INC. Adv. Case No D&J AMBULETTE SERVICE Adv. Case No INSTITUTE FOR FAMILY HEALTH Adv. Case No SAFE AND SOUND ARMED COURIER INC. Adv. Case No THE BANK OF NEW YORK MELLON Adv. Case No VERIZON COMMUNICATIONS INC Adv. Case No CELLCO PARTNERS D/B/A VERIZON WIRELESS Adv. Case No WORLD CLASS BUSINESS PRODUCTS Adv. Case No NEW YORK CITY HUMAN RESOURCES ADMINISTRATION Adv. Case No LOEB & TROPER Adv. Case No AGENDA WITH RESPECT TO HEARING SCHEDULED ON JULY 6, 2017 AT 10:00 A.M. BEFORE THE HONORABLE ROBERT E. GROSSMAN Counsel to the Official Committee of Unsecured Creditors of FEGS respectfully submits the following Agenda for the oversight and coordination of matters scheduled to be heard at the upcoming Status Conference on July 6, There are 67 adversaries on calendar for hearing. With the exception of one adversary, the remainder are avoidance actions that seek to recover transfers in the 90 days before the Petition Date. Procedurally, the matters can be categorized as follows: DOCS_LA: /002 4

5 A. CONTESTED MATTERS GOING FORWARD (32) Scheduling Order Consistent With The Scheduling Order Attached Hereto As Exhibi06-30t A, and/or as deemed appropriate by the Court for judicial expedience Hempstead, LLC. ( ) Agreed 2. Chem Rx Pharmacy Services, LLC ( ) - Requests Law & Motion deadline be extended to mid-jan. 2018, from proposed date of January 2 to avoid conflicts with the holidays. Plaintiff has no opposition to the position and would agree uniformly for all adversaries receiving a scheduling order to adjust to January 19, Cablevision Lightpath, Inc. ( ) 4. Andrews International, Inc. ( ) - Request s 180 day discovery period from 120 day period in the proposed Scheduling Order (January 5, 2018); Service of all expert reports 60 days rather than 30 days from fact cut-off (Feb. 2, and April 6); Close of expert discovery from suggested date of March 2 to May 4. Dispositive motion deadline of May 4, AFGO Mechanical Services, Inc. ( ), but desires Dispositive motion cut-off moved from January 2, 2018 to after close of all discovery- March 19, Lenox Avenue, LLC ( ) Realty Company ( ) 8. ASG&C, Inc. ( ), but desires Dispositive motion cut-off moved from January 2, 2018 to after close of all discovery- March 19, Executive Cleaning Services, LLC ( ) 10. East Side House, Inc. ( ) - Initial expert reports produced not later than December 18, 2017, rather than December 4. Dispositive motions filed before February 1, 2018, rather than January Distinctive Workforces Solutions ( ) 12. HIAS, Inc. ( ) 13. FOJP Service Corp. ( ) 14. RPAI Us Management, LLC ( ), but desires Dispositive motion cut-off moved from January DOCS_LA: /002 5

6 2, 2018 to after close of all discovery- March 19, Kittay House, Jewish Home Lifecare Inc. ( ) 16. Kew Gardens Hills, LLC. ( ) 17. Med World Acquisition Corporation ( ) 18. Kekst and Company, Incorporated ( ) 19. JCC Of The Greater Five Towns ( ) 20. New Visions For Public School ( ) 21. Next Source, Inc. ( ) 22. Courthouse Corporate Center, LLC ( ) - Dispositive motion changed to late April from January 2, Wallace Avenue ( ) 24. American Express Company ( ) - Fact cut-off of December 3, 2017; rather than Nov.3; and all expert disclosure/reports adjusted 30 days accordingly. Dispositive motion changed to May 7, 2018 from January Consolidated Edison Inc. ( ) 26. D&J Ambulette Service ( ) 27. Institute For Family Health ( ) 28. Verizon Communications Inc. ( ) 29. Cellco Partners d/b/a Verizon Wireless ( ) 30. World Class Business Products ( ) but request 60 day rebuttal for expert reports rather than 30, and dispositive motions back later in Jan Kew Garden Hills, LLC. ( ) 32. Dunbar ( ) B. ADJOURNED MATTERS (3) 33. Crestwood Mechanical Company ( ) 10:00 a.m. 34. Loeb & Troper, LLP ( ) 1:30 p.m. 35. New York Legal Assistance Grp ( ) am or another date DOCS_LA: /002 6

7 with consent of the court. C. SETTLED Matters (Plaintiff intends to file Motion to Compromise) (4) Montague Holdings LLC ( ) Flatbush Realty Association ( ) 38. Aetna, Inc. ( ) 39. Global Communication Services, Inc. ( ) D. BRIDGE ORDERS Matters (Extension to Answer Complaint) (10) 40. Teachers Insurance & Annuity Association ( ) 41. CIT Finance, LLC ( ) 42. Apex Pest Control Inc. ( ) 43. Lincoln National Life Company ( ) 44. Ima Systems, LLC ( ) 45. Oxford Health Plans, Inc. ( ) 46. Riverside Park Community LLC ( ) 47. The Bank Of New York Mellon ( ) 48. Montefiore Medical Center ( ) 49. New York City Human Resources Administration ( ) E. DEFAULT JUDGMENT MATTERS (No Answer Filed and no contact from the party; Default to be taken or an alias summons will be requested) (10) Realty LLC ( ) 51. Falak LTC ( ) 52. Glatt World Inc. ( ) 53. Therapeutic Associates, Inc. ( ) 54. Metropolitan Foods NYC, Inc ( ) 55. Shoregroup, Inc. ( ) 56. Rosmill Associates, LP ( ) 57. Mitchell / Martin Inc. ( ) 58. New York University ( ) 59. Safe And Sound Armed Courier Inc. ( ) DOCS_LA: /002 7

8 F. MATTERS TO BE DISMISSED (8) (Motion to Dismiss filed or to be filed)(8): Broadway Terrace Associates ( ) Corp. ( ) Hudson ( ) 63. D.L. Peterson Trust ( ) 64. JDJ Properties, LLC ( ) 65. Schur Management Co., Ltd ( ) 66. Robin Hood Foundation ( ) 67. Bronx Lebanon Hospital Center ( ) Dated: New York, New York June 30, 2017 PACHULSKI STANG ZIEHL & JONES LLP /s/ Jeffrey P. Nolan Robert J. Feinstein, Esq. Ilan D. Scharf, Esq. Jeffrey P. Nolan, Esq. (admitted pro hac vice) 780 Third Avenue, 36 th Floor New York, New York Telephone: (212) Facsimile: (212) DOCS_LA: /002 8

9 EXHIBIT A (INITIAL PRETRIAL ORDER) DOCS_LA: /002

10 PACHULSKI STANG ZIEHL & JONES LLP 780 Third Avenue, 34 th Floor New York, NY Telephone: (212) Facsimile: (212) Robert J. Feinstein, Esq. Ilan D. Scharf, Esq. Jeffrey P. Nolan, Esq. (admitted pro hac vice) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re: FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC. d/b/a FEGS, Debtor. THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF FEGS, Chapter 11 Case No (REG) Adv. Proc. No. Plaintiff, vs. INITIAL PRETRIAL ORDER Initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1) shall be made on or before July 20, Any motions to amend the pleadings or to join other parties shall be filed on or before August 7, Fact discovery shall be completed on or before 120 days from the Initial Status Conference; November 3, Any expert report required pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) shall be served by the party which bears the burden of proof for that issue, not including any report by Plaintiff on insolvency of the Debtors, no later than December 4, Any expert rebuttal DOCS_LA: /002

11 report by Plaintiff on the insolvency of the Debtors, shall be provided no later than January 4, Any Party s expert report intended to rebut any other expert report, including any other expert reports that may be filed earlier than the deadlines, established in this subparagraph, shall be provided no later than thirty (30) days after the report being rebutted. All reports shall provide the information required by Fed.R.Civ.P. 26(a)(2)(B). All expert discovery shall be completed no later than March 2, Any dispositive motions shall be filed on or before January 2, 2018, or the relief sought in such motions shall be deemed to have been waived. A final pretrial conference will be held on, :_0 _.m. in Courtroom 860, United States Bankruptcy Court, Central Islip, New York. In the event a dispositive motion is filed, the Court will adjourn the final pretrial conference to the date of such hearing. At the final pretrial conference, the Court will issue a Final Pretrial Order scheduling the deadline for filing a joint pretrial memorandum and scheduling a trial date. The [Proposed] Scheduling Order does not include (a) defendants with whom the Plaintiff has already reached a settlement or agreement to dismiss, or (b) defendants where a default has been taken, or (c) adjourned matters. DOCS_LA: /002 11