rdd Doc 527 Filed 10/13/17 Entered 10/13/17 20:15:52 Main Document Pg 1 of 9

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1 Pg 1 of 9 Christopher Marcus, P.C. James H.M. Sprayregen, P.C. John T. Weber William A. Guerrieri (admitted pro hac vice) KIRKLAND & ELLIS LLP Alexandra Schwarzman (admitted pro hac vice) KIRKLAND & ELLIS INTERNATIONAL LLP KIRKLAND & ELLIS LLP 601 Lexington Avenue KIRKLAND & ELLIS INTERNATIONAL LLP New York, New York North LaSalle Street Telephone: (212) Chicago, Illinois Facsimile: (212) Telephone: (312) Facsimile: (312) Counsel to the Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) 21st CENTURY ONCOLOGY HOLDINGS, INC., et al. 1 ) Case No (RDD) ) Debtors. ) (Jointly Administered) ) AGENDA FOR HEARING TO BE HELD OCTOBER 16, 2017 AT 10:00 A.M. (PREVAILING EASTERN TIME) Time and Date of Hearing: October 16, 2017 at 10:00 a.m. (prevailing Eastern Time) Location of Hearing: Copies of Motions: The Honorable Judge Robert D. Drain United States Bankruptcy Court for the Southern District of New York 300 Quarropas Street White Plains, New York A copy of each pleading can be viewed on the Court s website at and the website of the Debtors proposed notice and claims agent, Kurtzman Carson Consultants LLC, at Further information may be obtained by calling Kurtzman Carson Consultants LLC toll free at or internationally at Each of the Debtors in the above-captioned jointly administered chapter 11 cases and their respective tax identification numbers are set forth in the Order Directing Joint Administration of Chapter 11 Cases [Docket No. 30]. The location of 21st Century Oncology Holdings, Inc. s corporate headquarters and the Debtors service address is: 2270 Colonial Boulevard, Fort Myers, Florida KE

2 Pg 2 of 9 I. Uncontested Matters 1. Simpson Thacher Retention Application. Debtors Application Seeking Entry of an Order (I) Pursuant to Section 327(e) of the Bankruptcy Code Authorizing and Approving Employment and Retention of Simpson Thacher & Bartlett LLP as Special Counsel for Debtors Effective Nunc Pro Tunc to August 29, 2017 and (II) Granting Related Relief [Docket No. 463]. A. Affidavit of Service [Docket No. 477]. B. Certificate of No Objection Under 28 U.S.C Regarding Debtors Application Seeking Entry of an Order (I) Pursuant to Section 327(e) of the Bankruptcy Code Authorizing and Approving Employment and Retention of Simpson Thacher & Bartlett LLP as Special Counsel for Debtors Effective Nunc Pro Tunc to August 29, 2017 and (II) Granting Related Relief [Docket No. 513]. Status: Unless the Court enters the proposed order prior to the hearing, this matter is going forward. 2. Settlement Motion. Debtors Motion for Entry of an Order (A) Approving the Settlement and Release Agreement Between Debtor 21st Century Oncology, LLC and Sunshine State Health Plan, Inc. and (B) Granting Related Relief [Docket No. 464]. A. Affidavit of Service [Docket No. 477]. B. Certificate of No Objection Under 28 U.S.C Regarding Debtors Motion for Entry of an Order (A) Approving the Settlement and Release Agreement Between Debtor 21st Century Oncology, LLC and Sunshine State Health Plan, Inc. and (B) Granting Related Relief [Docket No. 514]. Status: Unless the Court enters the proposed order prior to the hearing, this matter is going forward.

3 Pg 3 of 9 3. Transfer Agreement Motion. Debtors Motion Seeking Entry of an Order (I) Authorizing the Debtors to Enter Into the Transfer Agreement and (II) Granting Related Relief [Docket No. 465]. A. Affidavit of Service [Docket No. 477]. B. Certificate of No Objection Under 28 U.S.C Regarding Debtors Motion Seeking Entry of an Order (I) Authorizing the Debtors to Enter Into the Transfer Agreement and (II) Granting Related Relief [Docket No. 515]. Status: Unless the Court enters the proposed order prior to the hearing, this matter is going forward. 4. Late Filed Claims Motion. Motion to Allow Late Filed Claims as Timely Filed [Docket No. 437]. None. Status: This matter is going forward. 5. Lift Stay Motion. Motion of Faxton-St. Luke s Healthcare for Relief from the Stay for Limited Purpose of Not Renewing Administrative Services Agreement [Docket No. 489]. A. Ex Parte Motion to Shorten the Notice Period for Hearing on Motion of Faxton-St. Luke s Healthcare for Relief from the Stay for Limited Purpose of Not Renewing Administrative Services Agreement [Docket No. 490]. B. Notice of (A) Motion of Faxton-St. Luke s Healthcare for Relief from the Stay for Limited Purpose of Not Renewing Administrative Services Agreement and (B) Motion to Shorten the Notice Period for Hearing on Motion of Faxton-St. Luke s Healthcare for Relief from the Stay for Limited Purpose of Not Renewing Administrative Services Agreement [Docket No. 493]. Status: This matter is going forward.

4 Pg 4 of 9 II. Contested Matters 6. Disclosure Statement Motion: Debtors Motion for Entry of an Order (I) Approving the Adequacy of the Disclosure Statement, (II) Approving the Solicitation and Notice Procedures with Respect to Confirmation of the the Debtors Proposed Joint Plan of Reorganization, (III) Approving the Forms of Ballots and Notices in Connection Therewith, (IV) Approving the Rights Offering Procedures and Related Materials, (V) Scheduling Certain Dates with Respect Thereto, and (VI) Granting Related Relief [Docket No. 312]. Responses Received: A. Objection of United States Trustee to Debtors Disclosure Statement Relating to the Joint Plan of Reorganization [Docket No. 318]. B. Objection of Cigna Entities to Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 411]. C. Objection of Data Breach Plaintiffs to Approval of Proposed Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 500]. D. Objection of Dr. Daniel Dosoretz and Other Creditors to Debtors Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 518]. A. Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and its Debtor Affiliates [Docket No. 205]. B. Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and its Debtor Affiliates [Docket No. 311]. C. Affidavit of Service [Docket No. 349]. D. Notice of Adjournment of Disclosure Statement Hearing [Docket No. 413]. E. Joint Notice of Settlement with the Creditors Committee [Docket No. 425].

5 Pg 5 of 9 F. Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 521]. G. Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 522]. H. Notice of Filing of Revised Proposed Order (I) Approving the Adequacy of the Disclosure Statement, (II) Approving the Solicitation and Notice Procedures with Respect to Confirmation of the Debtors Proposed Joint Plan of Reorganization, (III) Approving the Forms of Ballots and Notices in Connection Therewith, (IV) Approving the Rights Offering Procedures and Related Materials, (V) Scheduling Certain Dates with Respect Thereto, and (VI) Granting Related Relief [Docket No. 523]. I. Debtors Omnibus Reply to Objections to Approval of the Debtors Disclosure Statement for the Debtors Joint Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 524]. J. Redline of Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 525]. K. Redline of Joint Chapter 11 Plan of Reorganization of 21st Century Oncology Holdings, Inc. and Its Debtor Affiliates [Docket No. 526]. Status: This matter is going forward. III. Pre-Trial Conference 7. Adversary Complaint of Central Coast Medical Oncology Corp. for Declaratory, Injunctive, and Other Relief (Adversary Proceeding No ) [Adv. Pro. Docket No. 1]. Responses Received: A. Defendant s Answer, Affirmative Defenses, and Counterclaims [Adv. Pro. Docket No. 5]. A. Amended Adversary Complaint of Central Coast Medical Oncology Corp. for Declaratory, Injunctive, and Other Relief [Adv. Pro. Docket No. 3].

6 Pg 6 of 9 B. Joint Rule 26(f) Report [Docket No. 6]. Status: This matter is going forward. IV. Adjourned Matters 8. Debtors Motion for Entry of an Order Extending the Automatic Stay or, in the Alternative Granting Preliminary and Permanent Injunctive Relief Halting the Prosecution of the Data Breach Litigation (Adversary Proceeding No ) [Adv. Pro. Docket No. 2]. A. Verified Complaint against Steven Brehio, Robert Russell, James Corbel, Roxanne Haatvedt, Veneta Delucchi, Carl Schmitt, Matthew Benzion, Kathleen La Barge, Stacey Schwartz, Timothy Meulenberg, Stephen Wilbur, Jackie Griffith, Judith Cabrera and Sharon Mac Dermid [Adv. Pro. Docket No. 1]. B. Notice of Debtors Motion for Entry of an Order Extending the Automatic Stay or, in the Alternative, Granting Preliminary and Permanent Injunctive Relief Halting the Prosecution of the Data Breach Litigation [Adv. Pro. Docket No. 4]. C. Affidavit of Service re Notice of Debtors Motion for Entry of an Order Extending the Automatic Stay or, in The Alternative, Granting Preliminary and Permanent Injunctive Relief Halting the Prosecution of the Data Breach Litigation [Adv. Pro. Docket No. 5]. D. Notice of Adjournment of Hearing on Debtors Motion for Entry of an Order Extending the Automatic Stay or, in the Alternative, Granting Preliminary and Permanent Injunctive Relief Halting the Prosecution of the Data Breach Litigation [Adv. Pro. Docket No. 6]. E. Notice of Adjournment of Hearing on Debtors Motion for Entry of an Order Extending the Automatic Stay or, in the Alternative, Granting Preliminary and Permanent Injunctive Relief Halting the Prosecution of the Data Breach Litigation [Adv. Pro. Docket No. 8]. F. Notice of Adjournment of Hearing on Debtors Motion for Entry of an Order Extending the Automatic Stay or, in the Alternative, Granting Preliminary and Permanent Injunctive Relief Halting the Prosecution of the Data Breach Litigation [Docket No. 10].

7 Pg 7 of 9 Status: This matter has been adjourned to November 9, 2017 at 10:00 a.m. (prevailing Eastern Time). 9. Lift Stay Motion. Motion of Christine Donaldson for an Order, Pursuant to 11 U.S.C. 362(d)(1), Granting Relief from the Automatic Stay and Authorizing Tort Claimants to Proceed with a Pending State Court Litigation [Docket No. 251]. A. Notice of Adjournment of Certain Matters Scheduled for Hearing on September 19, 2017 [Docket No. 424]. B. Notice of Adjournment of Hearing on Motion for Relief from the Automatic Stay [Docket No. 251] Scheduled for Hearing on October 16, 2017 [Docket No. 520]. Status: This matter has been adjourned to November 9, 2017 at 10:00 a.m. (prevailing Eastern Time). 10. Data Breach Estimation Motion. Debtors Motion to Disallow Class Proofs of Claim and Estimate the Customer Data Security Breach Litigation Claims at Zero Dollars [Docket No. 414]. Responses Received: A. Data Breach Plaintiffs Memorandum of Law (I) in Opposition to Debtors Motion to Disallow and/or Estimate Data Breach Claims and (II) in Support of Cross-Motion for Entry of an Order (A) Applying Bankruptcy Rule 7023 to the Class Claims or, in the Alternative, (B) Granting Relief from the Automatic Stay to Permit the Data Breach Litigation to Proceed with Recovery Limited to Available Insurance [Docket No. 501]. B. Declaration of Michael S. Etkin, Esquire [Docket No. 502]. A. Declaration of Robert Jordan in Support of the Debtors Motion to Disallow Class Proofs of Claim and Estimate the Customer Data Security Breach Litigation Claims at Zero Dollars [Docket No. 415]. B. Stipulation and Agreed Order Bifurcating Consideration of the Debtors Motion to Disallow Class Proofs of Claim and Estimate

8 Pg 8 of 9 the Customer Data Security Breach Litigation Claims at Zero Dollars [Docket No. 438]. C. Affidavit of Service [Docket No. 450]. D. Notice of Adjournment of Certain Matters Scheduled for Hearing on October 16, 2017 [Docket No. 519]. Status: This matter has been adjourned to November 9, 2017 at 10:00 a.m. (prevailing Eastern Time). 11. Lift Stay Motion. Data Breach Plaintiffs Cross-Motion for Entry of an Order (A) Applying Bankruptcy Rule 7023 to the Class Claims or, in the Alternative, (B) Granting Relief from the Automatic Stay to Permit the Data Breach Litigation to Proceed with Recovery Limited to Available Insurance [Docket No. 503]. Responses Received: A. Data Breach Plaintiffs Memorandum of Law (I) In Opposition to Debtors Motion to Disallow and/or Estimate Data Breach Claims and (II) in Support of Cross-Motion for Entry of an Order (A) Applying Bankruptcy Rule 7023 to the Class Claims or, in the Alternative, (B) Granting Relief from the Automatic Stay to Permit the Data Breach Litigation to Proceed with Recovery Limited to Available Insurance [Docket No. 501]. B. Declaration of Michael S. Etkin, Esquire [Docket No. 502]. A. Letter to Judge Drain re Data Breach Plaintiffs Cross-Motion for Entry of an Order (A) Applying Bankruptcy Rule 7023 to the Class Claims, or in the Alternative, (B) Granting Relief from the Automatic Stay to Permit the Data Breach Litigation to Proceed with Recovery Limited to Available Insurance [Docket No. 508]. B. Letter to Honorable Robert D. Drain [Docket No. 512]. C. Notice of Adjournment of Certain Matters Scheduled for Hearing on October 16, 2017 [Docket No. 519]. Status: This matter has been adjourned to November 9, 2017 at 10:00 a.m. (prevailing Eastern Time).

9 Pg 9 of 9 New York, New York Dated: October 13, 2017 /s/ Christopher Marcus, P.C. Christopher Marcus, P.C. John T. Weber KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 601 Lexington Avenue New York, New York Telephone: (212) Facsimile: (212) and - James H.M. Sprayregen, P.C. William A. Guerrieri (admitted pro hac vice) Alexandra Schwarzman (admitted pro hac vice) KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 300 North LaSalle Street Chicago, Illinois Telephone: (312) Facsimile: (312) Counsel to the Debtors and Debtors in Possession