Case 16-10971-LSS Doc 1358 Filed 06/06/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re VRG Liquidating, LLC, 1 et al. Debtors. Chapter 11 Case No. 16-10971 (LSS Jointly Administered Ref. Docket No. 1341 CERTIFICATE OF NO OBJECTION REGARDING DOCKET NO. 1341 The undersigned hereby certifies that, as of the date hereof, he has received no answer, objection, or other responsive pleading to the Debtors First Omnibus (Non-Substantive Objection to Certain Amended Superseded Duplicate Claims [Docket No. 1341] (the Objection filed on May 22, 2017. The undersigned further certifies that, as of the date hereof, he has reviewed the Court s docket in these cases no answer, objection, or other responsive pleading to the Objection appears thereon. Responses to the Objection were to be filed served by 4:00 p.m. (ET on June 5, 2017. It is hereby respectfully requested that the Order attached hereto as Exhibit A be entered at the earliest convenience of the Court. 1 The Debtors the last four digits of their respective federal taxpayer identification numbers are as follows: VRG Liquidating, LLC (f/k/a Vestis Retail Group, LLC (1295; VRF Liquidating, LLC (f/k/a Vestis Retail Financing, LLC (9362; EMSOC Liquidating, LLC (f/k/a EMS Operating Company, LLC (2061; VIH Liquidating, LLC (f/k/a Vestis IP Holdings, LLC (2459; BS Liquidating, LLC (f/k/a Bob s Stores, LLC (4675; EMSA Liquidating, LLC (f/k/a EMS Acquisition LLC (0322; SC Liquidating 2, LLC (f/k/a Sport Chalet, LLC (0071; SCVS Liquidating, LLC (f/k/a Sport Chalet Value Services, LLC (7320; SCTS Liquidating, LLC (f/k/a Sport Chalet Team Sales, LLC (8015. The Debtors executive headquarters are located at 160 Corporate Court, Meriden, CT 06450. 01:21995987.1
Case 16-10971-LSS Doc 1358 Filed 06/06/17 Page 2 of 2 Dated: June 6, 2017 Wilmington, Delaware /s/ Robert F. Poppiti, Jr. Robert S. Brady, Esq. (DE Bar No. 2847 Robert F. Poppiti, Jr., Esq. (DE Bar No. 5052 YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square, 1000 North King Street Wilmington, DE 19801 Tel: (302 571-6600 Fax: (302 571-1253 Email: rbrady@ycst.com rpoppiti@ycst.com Michael L. Tuchin, Esq. Lee R. Bogdanoff, Esq. David M. Guess, Esq. Sasha M. Gurvitz, Esq. KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 Avenue of the Stars, 39 th Floor Los Angeles, CA 90067 Tel: (310 407-4031 Fax: (310 407-9090 Email: mtuchin@ktbslaw.com lbogdanoff@ktbslaw.com dguess@ktbslaw.com sgurvitz@ktbslaw.com Counsel to the Debtors Debtors in Possession 01:21995987.1 2
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 1 of 12 EXHIBIT A 01:21995987.1
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 2 of 12 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re VRG Liquidating, LLC, et al., 1 Debtors. Chapter 11 Case No.: 16-10971 (LSS (Jointly Administered Ref. Docket Nos. 1341 ORDER SUSTAINING DEBTORS FIRST OMNIBUS (NON-SUBSTANTIVE OBJECTION TO CERTAIN AMENDED AND SUPERSEDED CLAIMS AND DUPLICATE CLAIMS Upon consideration of the objection (the Objection 2 of the debtors debtors in possession (collectively, the Debtors in the above-captioned jointly administered chapter 11 cases (the Cases seeking entry of an order (this Order (i disallowing expunging the s identified on attached Exhibit 1, (ii disallowing expunging the Duplicate Claims identified on attached Exhibit 2, (iii directing the Claims Agent to remove such s Duplicate Claims from the Claims Register; upon consideration of the record of these Cases the Declaration; it appearing that this Court has jurisdiction to consider the Objection in accordance with 28 U.S.C. 157 1334 the Amended Sting Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; it appearing that the Objection is a core matter pursuant to 28 U.S.C. 157(b(2 that this Court may enter a final order consistent with Article III of 1 2 The Debtors the last four digits of their respective federal taxpayer identification numbers are as follows: VRG Liquidating, LLC (f/k/a Vestis Retail Group, LLC (1295; VRF Liquidating, LLC (f/k/a Vestis Retail Financing, LLC (9362; EMSOC Liquidating, LLC (f/k/a EMS Operating Company, LLC (2061; VIH Liquidating, LLC (f/k/a Vestis IP Holdings, LLC (2459; BS Liquidating, LLC (f/k/a Bob s Stores, LLC (4675; EMSA Liquidating, LLC (f/k/a EMS Acquisition LLC (0322; SC Liquidating 2, LLC (f/k/a Sport Chalet, LLC (0071; SCVS Liquidating, LLC (f/k/a Sport Chalet Value Services, LLC (7320; SCTS Liquidating, LLC (f/k/a Sport Chalet Team Sales, LLC (8015. The Debtors executive headquarters are located at 160 Corporate Court, Meriden, CT 06450. Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 3 of 12 the United States Constitution; it appearing that venue of these Cases the Objection in this district is proper pursuant to 28 U.S.C. 1408 1409; it appearing that due adequate notice of the Objection has been given under the circumstances that no other or further notice need be given; it appearing that the relief requested in the Objection is in the best interests of the Debtors estates, their creditors, other parties in interest; after due deliberation sufficient cause appearing therefor, it is hereby ORDERED, ADJUDGED, DECREED THAT: 1. The Objection is SUSTAINED as set forth herein. 2. Any response to the Objection not otherwise withdrawn, resolved, or adjourned is hereby overruled on its merits. 3. Each identified on Exhibit 1 each Duplicate Claim identified on Exhibit 2 attached hereto is disallowed expunged in its entirety. 4. The Claims Agent is directed to modify the Claims Register to comport with the relief granted by this Order. 5. Nothing in this Order shall affect any party s rights with respect to the Surviving Claims, all parties rights with respect to such claims are reserved, including, for the avoidance of doubt, the Debtors or any subsequently appointed trustee or estate representative s rights to object in the future to the Surviving Claims, on any basis, or to object to any other claims on any basis, in each case as permitted by bankruptcy or nonbankruptcy law, subject to any limitations set forth in the Local Rules. 6. Nothing in this Order shall be deemed (i an admission as to the validity of any claim, (ii a waiver of the Debtors rights to dispute any claim on any grounds, (iii a promise or requirement to pay any claim, (iv an implication or admission that any claim is of a type 2
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 4 of 12 referenced or defined in this Objection, (v an implication or admission that any contract or lease is executory or unexpired, as applicable, (vi a waiver or limitation of any of the Debtors rights under the Bankruptcy Code or applicable law, (vii a request or authorization to assume or reject any agreement under Bankruptcy Code section 365, (viii a waiver of any party s rights to assert that any other party is in breach or default of any agreement, or (ix an implication or admission that any contract or lease is integrated with any other contract or lease. 7. Each of the Disputed Claims the objections raised in the Objection with respect to such Disputed Claims, constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate Order with respect to each Disputed Claim. 8. Notwithsting any applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, or the Local Rules, this Order shall be effective immediately upon its entry. 9. The Debtors the Claims Agent are authorized to take all actions necessary or appropriate to effectuate the relief granted pursuant to this Order. 10. This Court shall retain jurisdiction power with respect to all matters arising from or related to the implementation or interpretation of this Order. Dated: June, 2017 Wilmington, Delaware Honorable Laurie Selber Silverstein United States Bankruptcy Judge 3
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 5 of 12 EXHIBIT 1 s
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 6 of 12 Name of Claimant Avant Marketing Group P.O. Box 683351 Park City, UT 84068 Brixton Provo Mall, LLC Attn Robert LeHane, Esq. Kelley Drye & Warren LLP 101 Park Avenue New York, NY 10178 Brixton Provo Mall, LLC Excel Highl Reserve LP c/o Linda Madway, Esq. Vice President General Counsel, Excel Trust 307 Fellowship Road, Suite 116 Mt. Laurel, NJ 08054 CDW, LLC 200 N. Milwaukee Ave Vernon Hills, IL 60061 Surviving Claim Number 1 to be Disallowed Claim Amount of 628 645 219 $20,692.66 1467 591 $58,031.77 433 259 $3,488.69 1 The Debtors are not, at this time, seeking allowance of the Surviving Claims all parties rights with respect to the Surviving Claims are preserved.
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 7 of 12 Name of Claimant Cisco Systems Capital Corporation Lawrence Schwab & Thomas Gaa Bialson, Bergen & Schwab 633 Menlo Ave., Suite 100 Menlo Park, CA 94025 Cisco Systems Capital Corporation Bialson, Bergen & Schwab PO Box 60008 Palo Alto, CA 94306 Cisco Systems Capital Corporation Lawrence Schwab & Thomas Gaa Bialson, Bergen & Schwab 633 Menlo Ave., Suite 100 Menlo Park, CA 94025 Cisco Systems Capital Corporation Bialson, Bergen & Schwab PO Box 60008 Palo Alto, CA 94306 County of Orange PO Box 4515 Santa Ana, CA 92701 County Of Orange P.O Box 1438 Santa Ana, CA 92702-1438 Surviving Claim Number 1 to be Disallowed Claim Amount of 1663 67 $278,912.22 1663 1547 $29,111.88 1554 1397 $31,951.73 2
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 8 of 12 Name of Claimant Kern County Treasurer Tax Collector c o Linda Delgado Attn Bankruptcy Division PO Box 579 Bakersfield, CA 93302-0579 Kern County Treasurer Tax Collector PO Box 579 Bakersfield, CA 93302 Los Angeles County Treasurer Tax Collector PO Box 54110 Los Angeles, CA 90054-0110 Mediaspot, Inc. Quinn Truong 1550 Bayside Drive Corona Del Mar, CA 92625 Surviving Claim Number 1 to be Disallowed Claim Amount of 1413 37 $5,881.44 1450 22 $74,344.19 925 917 $527,819.71 3
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 9 of 12 Name of Claimant Office of the County Counsel Attn Ronak N. Patel, Deputy County Counsel 3960 Orange Street, Suite 500 Riverside, CA 92501 Surviving Claim Number 1 to be Disallowed Claim Amount of Riverside County CA Office of the County Counsel Attn Ronak N. Patel, Deputy County Counsel 3960 Orange Street, Suite 500 Riverside, CA 92501 1680 1679 $14,437.39 Riverside County CA Riverside County Treasurer-Tax Collector Attn Bankruptcy 4080 Lemon St, 4th Floor Riverside, CA 92501 Orange County Tax Collector PO Box 4515 Santa Ana, CA 92701 Orange County Tax Collector Orange County Tax PO Box 1438 Santa Ana, CA 92701 1554 42 $39,189.40 4
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 10 of 12 Name of Claimant Riverside County CA Treasurer-Tax Collector P.O. Box 12005 Riverside, CA 92502-2205 Surviving Claim Number 1 to be Disallowed Claim Amount of Riverside County CA Office of the County Counsel Attn Ronak N. Patel, Deputy County Counsel 3960 Orange Street, Suite 500 Riverside, CA 92501 1680 1676 $14,437.39 Riverside County CA Riverside County Treasurer-Tax Collector Attn Bankruptcy 4080 Lemon St, 4th Floor Riverside, CA 92501 Town of Fairfield Tax Collector 611 Old Post Road Fairfield, CT 06824 Twin City Realty LLC Mark P. McCaffrey 975 Merriam Ave Suite 213 Leominster, MA 01453 1552 979 $2,346.50 1690 1624 $46,795.64 5
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 11 of 12 EXHIBIT 2 Duplicate Claims
Case 16-10971-LSS Doc 1358-1 Filed 06/06/17 Page 12 of 12 Name of Claimant City of San Jose, Finance Department 200 East Santa Clara Street, 13th Fl San Jose, CA 95113 Mount Rose Ski Resort 22222 Mt Rose Hwy Reno, NV 89511 Mount Rose Ski Tahoe 22222 Mt Rose Hwy Reno, NV 89511 New Hampshire Department of Revenue Administration NH DRA - Legal Bureau P.O. Box 457 Concord, NH 03302 Tri-State Carting, Inc Tri- State Recycling Inc PO Box 5298 Toms River, NJ 08754-5298 Surviving Claim Number 1 Duplicate Claim to be Disallowed Claim Amount 759 100 $14.31 1587 1585 $1,863.00 1587 1584 $1,863.00 1647 1640 $3,033.76 1625 1623 $765.85 1 The Debtors are not, at this time, seeking allowance of the Surviving Claims all parties rights with respect to the Surviving Claims are preserved.