Case Doc 1049 Filed 12/14/18 Entered 12/14/18 14:29:25 Desc Main Document Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF NORTH DAKOTA

Transcription

1 Document Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF NORTH DAKOTA In re: Vanity Shop of Grand Forks, Inc., Case No.: Chapter 11 Debtor. MOTION TO CONTINUE HEARING ON SECOND AND FINAL APPLICATION OF FOX ROTHSCHILD LLP FOR ALLOWANCE OF FEES AND REIMBURSEMENT OF EXPENSES AS COUNSEL FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR THE PERIOD MARCH 13, 2017 THROUGH SEPTEMBER 26, On October 26, 2018, Fox Rothschild LLP filed its Second and Final Application of Fox Rothschild LLP for Allowance of Fees and Reimbursement of Expenses as Counsel for the Committee for the Period March 13, 2017 to September 26, 2018 (the Application ) [ECF No. 989]. 2. On November 14, 2018, the Trial Attorney for the Office of the United States Trustee (the UST ) contacted Fox Rothschild with minor questions regarding the Application, which counsel for the Committee and the UST have resolved informally. Fox Rothschild filed a Supplement to its Application outlining the UST s concerns and the resolution for each on December 5, 2018 [ECF No. 1032]. 3. On November 16, 2018, TGC, L.P. filed an objection to the Application (the Objection ). [ECF No. 1013]. 4. Also on November 16, 2018, the Plan Administrator, filed a response to Fox Rothschild s Application taking no position on the Application. [ECF No. 1014]. 5. On November 19, 2018, the Deputy Clerk filed a notice of hearing, setting the hearing on the Application for December 13, 2018 at 2:00 p.m. [ECF No. 1021]. ACTIVE\ v1-12/14/18

2 Document Page 2 of 5 6. However, Ms. Kurth had previously registered to attend the Annual ABI/ St. John s University School of Law Bankruptcy Mediation Training program from December 9 through December 13, Attendance for all portions of the training program is mandatory, and Ms. Kurth was therefore not be able to attend the hearing at that time. 7. Fox Rothschild, UST, TGC, L.P. and the Plan Administrator agreed to reschedule the hearing on the next available date on the Court s calendar. Such agreement was memorialized in a Stipulation To Continue Hearing On Second and Final Application of Fox Rothschild LLP for Allowance of Fees and Reimbursement of Expenses as Counsel for the Committee for the Period March 13, 2017 to September 26, 2018, which was filed with the Court on December 3, 2018 [ECF No. 1030]. 8. On December 4, 2018, the Court entered an Order Granting Continuance And Rescheduling Hearing [ECF No. 1031]. Pursuant to the Order, the Court rescheduled the hearing on the Application for December 18, 2018 at 9:00 a.m. (the Hearing ). 9. Ms. Kurth directed her staff to file a Motion to participate in the Hearing by video conference [ECF No. 1043], and this Motion was filed on December 12, 2018 while Ms. Kurth was attending the ABI s mediation training program. The Court granted Ms. Kurth s request to appear by video on December 13, 2018 [ECF No. 1045]. 10. On December 11, 2018, while Ms. Kurth was still attending the ABI mediation program, TGC, L.P. filed Witness Lists and Exhibit Lists in support of its Objection [ECF Nos. 1038, 1039]. Additional, or possibly duplicative, Witness Lists and Exhibit Lists were filed as well on December 14, 2018 [ECF Nos and 1047]. 11. TGC, L.P. did not discuss the Witness Lists or the Exhibits Lists with Fox Rothshild prior to filing same. As such the Committee did not have an opportunity evaluate to take these 2

3 Document Page 3 of 5 matters into account before scheduling the hearing on its Application or making arrangements for participation at the hearing. Among other things, pursuant to the Witness Lists, TGC, L.P. indicates that it will be calling Ms. Kurth as a witness at the hearing. As a result, David Crooks will be required to attend the hearing in order to defend Ms. Kurth in connection with any such examination. Mr. Crooks has prior commitments and scheduling conflicts on December 18 th and is unavailable to participate. Moreover, in view of the extensive nature of the exhibits upon which TGC, L.P. will rely, as well as TGC, L.P. s desire to call Ms. Kurth as a witness, it appears that this matter may no longer be appropriate for a video conference appearance by Ms. Kurth. However, Ms. Kurth is unable to make arrangements to appear in person at the Hearing as currently scheduled. 12. Accordingly, by dated December 13, 2018, Ms. Kurth requested that counsel for TGC, L.P. agree to continue the Hearing to another date when Mr. Crooks is available and, if necessary, when Ms. Kurth is able to appear in person. As of this date, no response to the request to continue the hearing has been received from TGC, L.P. s counsel. 1 [Balance of page intentionally left blank.] 1 While TGC s counsel has replied to Ms. Kurth s , counsel merely clarified why TGC, L.P. filed additional witness lists and exhibits and inquired about Fox s witnesses. Counsel s reply does not acknowledge or address Fox Rothschild s request for a continuance and provides no indication as to whether TGC, L.P. opposes, agrees to, or is considering this request. 3

4 Document Page 4 of 5 WHEREFORE, Fox Rothschild respectfully requests, that the Court continue the Hearing until January 17, 2018 or such other date as is convenient to the Court. Date: December 14, 2018 FOX ROTHSCHILD LLP By: /s/ Mette H. Kurth Mette H. Kurth (CA # and DE #6491) 919 North Market Street, Suite 300 Wilmington, DE Telephone: (302) Facsimile: (302) mkurth@foxrothschild.com -and- Ellie Barragry (MN #395207) Campbell Mithun Tower, Suite South Ninth Street Minneapolis, Minnesota Telephone: (612) Fax Telephone: (612) ebarragry@foxrothschild.com Counsel to the Official Committee of Unsecured Creditors 4

5 Document Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on December 14, 2018 by this Court s CM/ECF System on all parties receiving electronic notice in this case. /s/ Mette H. Kurth METTE H. KURTH