UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Transcription

1 In re : Chapter WASHINGTON MUTUAL, INC., et al., : Case No (MFW) Requested Hearing Date: December 8, 2009 at :30 A.M. Requested Objection Deadline: At the hearing MOTION OF THE ACTING UNITED STATES TRUSTEE FOR AN ORDER DIRECTING THE DEBTORS TO PRODUCE A SORTABLE LIST OF EQUITY SECURITY HOLDERS In support of her motion for an order directing the Debtors to produce a sortable list of equity security holders (the Motion ), Roberta A. DeAngelis, Acting United States Trustee for Region 3 ( U.S. Trustee ), by and through her counsel, avers: INTRODUCTION. This Court has jurisdiction to hear and determine this motion. 2. Under U.S.C. 02(a)(), with the exception of small business cases, the U.S. Trustee is obligated to appoint an official committee of unsecured creditors in a chapter case and has the discretion to appoint additional committees of creditors or of equity security holders as the [U.S. Trustee] deems appropriate. in this motion. 3. Under U.S.C. 307, the U.S. Trustee has standing to be heard on the issues raised 30 Second Avenue, Seattle, Washington 980.

2 GROUNDS/BASIS FOR RELIEF 4. The U.S. Trustee has decided to solicit interest from equity security holders of Washington Mutual, Inc. interested in serving on an official committee. In order to accomplish that task, on December 8, 2009 counsel to the U.S. Trustee requested that the Debtors produce a sortable list of equity security holders. Given that the Debtors previously filed what appears to be a comprehensive list of equity security holders (Docket Entry # 59), counsel to the U.S. Trustee asked for a sortable electronic version of the.pdf file to aid her solicitation. 5. Counsel for the U.S. Trustee directed the request for the file to Debtors co-counsel and asked for production of same within forty-eight hours. To date, the Debtors have not complied with the U.S. Trustee s request. 6. Pursuant to U.S.C. 07(a), 06(a), and 704(a), the Debtors are obligated to furnish such information concerning the estate[s] and the estate[s ] administration as is requested by a party in interest unless otherwise ordered by this Court. 7. The Debtors failure timely to provide information or attend meetings reasonably requested by the United States trustee is grounds for conversion or dismissal of these cases under U.S.C. 2(b)(, 4(H)). [Continued on next page space intentionally left blank] 2

3 CONCLUSION WHEREFORE the U.S. Trustee requests that this Court issue an order directing the Debtors to produce a sortable electronic file listing their equity security holders. Respectfully submitted, ROBERTA A. DeANGELIS ACTING UNITED STATES TRUSTEE Date: December 6, 2009 BY: /s/ Joseph J. McMahon, Jr. Joseph J. McMahon, Jr., Esquire (# 489) Trial Attorney United States Department of Justice Office of the United States Trustee J. Caleb Boggs Federal Building 844 King Street, Room 2207, Lockbox 35 Wilmington, DE 980 (302) (302) (Fax) 3

4 In re : Chapter WASHINGTON MUTUAL, INC., et al., : Case No (MFW) TO: Co-counsel to the Debtors NOTICE OF MOTION The United States Trustee has filed a motion for an order directing the Debtors to produce a sortable list of equity security holders. If the United States Trustee s motion to shorten notice is granted, you will be required to respond to the attached motion at or prior to the hearing scheduled for December 8, 2009 at :30 A.M. At the same time, you must also serve a copy of the response upon the movant s attorney: Joseph J. McMahon, Jr., Esquire Trial Attorney J. Caleb Boggs Federal Building 844 King Street, Room 2207, Lockbox 35 Wilmington, DE 980 joseph.mcmahon@usdoj.gov Fax (302) If the United States Trustee s motion to shorten notice is granted, a HEARING ON THE MOTION WILL BE HELD ON December 8, 2009 at :30 A.M. in Courtroom # 4, 824 Market Street Mall, 6 th Floor, Wilmington, Delaware 980. IF THE MOTION TO SHORTEN NOTICE IS GRANTED AND YOU FAIL TO RESPOND IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF DEMANDED BY THE MOTION WITHOUT FURTHER NOTICE OR HEARING. Date: December 6, 2009 BY: /s/ Joseph J. McMahon, Jr. Joseph J. McMahon, Jr., Esquire 30 Second Avenue, Seattle, Washington 980.

5 In re : Chapter WASHINGTON MUTUAL, INC., et al., : Case No (MFW) Related to Docket Entry # ORDER DIRECTING THE DEBTORS TO PRODUCE A SORTABLE LIST OF EQUITY SECURITY HOLDERS Upon consideration of the motion of the United States Trustee ( U.S. Trustee ) for an order directing the Debtors to produce a sortable list of equity security holders (the Motion ) and any response(s) to the Motion, after appropriate notice of the Motion was given and a hearing was held on the Motion, it is ORDERED that, on or before December 2, 2009, the Debtors are directed to produce a sortable electronic file to the U.S. Trustee containing the following information regarding the equity security holders of Washington Mutual, Inc.: names, address, type(s) of equity security owned, and number of shares owned. BY THE COURT: The Honorable Mary F. Walrath United States Bankruptcy Judge Date: December 8, Second Avenue, Seattle, Washington 980.

6 In re : Chapter WASHINGTON MUTUAL, INC., et al., : Case No (MFW) CERTIFICATE OF SERVICE I certify that, on December 6, 2009, I caused to be served a copy/copies of the United States Trustee s Motion for an Order Directing the Debtors to Produce a Sortable List of Equity Security Holders (the Motion), along with the related motion to limit/shorten notice of the Motion, via electronic mail and first class United States mail to the following persons: Marcia L. Goldstein, Esquire Michael F. Walsh, Esquire Brian S. Rosen, Esquire WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 053 marcia.goldstein@weil.com michael.walsh@weil.com brian.rosen@weil.com Mark D. Collins, Esquire Chun I. Jang, Esquire RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, DE 980 collins@rlf.com jang@rlf.com /s/ Joseph J. McMahon, Jr. Joseph J. McMahon, Jr. Trial Attorney 30 Second Avenue, Seattle, Washington 980.