Case 2:17-ap BB Doc 24 Filed 03/21/17 Entered 03/21/17 10:59:09 Desc Main Document Page 1 of 6

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1 Main Document Page 1 of 6 Gary E. Klausner (SBN 69077) Eve H. Karasik (SBN ) Todd M. Arnold (SBN ) Kurt Ramlo (166856) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P Constellation Boulevard, Suite 1700 Los Angeles, California Tel: (310) ; Fax: (310) s: gek@lnbyb.com; ehk@lnbyb.com; tma@lnbyb.com; kr@lnbyb.com Official Comm. of Unsecured Creditors LOS ANGELES DIVISION 2:16-bk BB NASTY GAL, INC., 2:17-ap BB 11 OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF NASTY GAL, INC., 04/04/2017 2:00 p.m HERCULES CAPITAL, INC. f/k/a/ Hercules Technology 255 East Temple Street Growth Capital, Inc.; HERCULES TECHNOLOGY III, L.P., Los Angeles, CA AMENDED JOINT STATUS REPORT [LBR (a)(2)]

2 Case 2:17-ap BB Doc 24 Filed 03/21/17 Entered 03/21/17 10:59:09 Desc Main Document Page 2 of 6 Defendants have filed a motion to dismiss Plaintiff's first amended complaint, which motion has been noticed by Defendant for a hearing on May 2, 2017 at 2 pm. Assuming any claims remain after outcome of motion to dismiss, summary judgment is appropriate before trial. The case complexity, number of percipient witnesses, Amended Complaint filing after motion to dismiss, and need for expert testimony, and obtaining information disposition of new motion to dismiss, plus discovery, from a severly down-sized debtor and third parties. will exceed 4 months from summons issuance. To be determined. Requests for documents, interrogatories, requests for Requests for documents, interrogatories, requests for admissions, depositions of defendants, former debtor admissions, depositions of Committee,Committee employees, and defendants' expert(s) witnesses and plaintiff's expert(s) 1 day To be determined.

3 To be determined. To narrow issues and address any scheduling issues. Case 2:17-ap BB Doc 24 Filed 03/21/17 Entered 03/21/17 10:59:09 Desc Main Document Page 3 of 6 The parties have had preliminary discussions about settlement.

4 Main Document Page 4 of 6 Plaintiff is interested in pursuing mediation but only if the Defendant is similarly interested at this time. Defendant believes that mediation will not be successful and a waste of time and expense based on Plaintiff's refusal to provide any responsive proposal for settlement. Defendant contends that causes of action will be narrowed after disposition of motion to dismiss and that any portion of Complaint that remains after motion to dismiss can be narrowed significantly by summary judgment before trial. 03/20/2017 Levene, Neale, Bender, Yoo & Brill L.L.P. /s/ Gary E. Klausner Gary E. Klausner Official Comm. of Unsecured Creditors 03/20/2017 Pachulski Stang Ziehl & Jones LLP; Cole Schotz Hercules Capital, Inc.

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6 Main Document Page 6 of 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: Constellation Boulevard, Suite 1700, Los Angeles, CA A true and correct copy of the foregoing document entitled AMENDED JOINT STATUS REPORT [LBR (a)(2)] will be served or was served (a) on the judge in chambers in the form and manner required by LBR (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 March 21, 2017, 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 Jeffrey W Dulberg jdulberg@pszjlaw.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 2. SERVED BY UNITED STATES MAIL: On March 21, 2017, 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 24 hours after the document is filed. Service information continued on attached page 3. 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 March 21, 2017, 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 24 hours after the document is filed. Served by Personal Delivery The Honorable Sheri Bluebond United States Bankruptcy Court 255 East Temple Street, Courtroom 1539 Los Angeles, CA I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. March 21, 2017 Lisa Masse /s/ Lisa Masse Date Type Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012 F PROOF.SERVICE