Case 13-13087-KG Doc 1768 Filed 01/11/16 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: FAH LIQUIDATING CORP. (f/k/a FISKER AUTOMOTIVE HOLDINGS, INC.), et al., Debtors. Chapter 11 Case No. 13-13087 (KG) Jointly Administered EMERALD CAPITAL ADVISORS CORP., in Its Capacity as Trustee for the FAH Liquidating Trust, Plaintiff, - versus - WALLENIUS WILHELMSEN LOGISTICS ZEEBRUGGE N.V., Adv. Pro. No. 15-51900 (KG) Re: Docket No. 1750/Adv. Docket No. 5 Defendant. CERTIFICATION OF NO OBJECTION ON MOTION OF THE LIQUIDATING TRUSTEE FOR ENTRY OF AN ORDER (I) EXTENDING DEADLINE FOR SERVICE OF PROCESS IN FOREIGN COUNTRY, (II) WAIVING LOCAL RULE 7004-1 WITH RESPECT THERETO, AND (III) SETTING DEADLINE FOR FOREIGN DEFENDANT TO RESPOND TO COMPLAINT The undersigned counsel to Emerald Capital Advisors Corp., in its capacity as trustee (the Liquidating Trustee ) for the FAH Liquidating Trust (the Trust ), hereby certifies that: 1. On December 18, 2015, Liquidating Trustee, by and through its undersigned counsel, filed the Motion of the Liquidating Trustee for Entry of an Order (I) Extending Deadline for Service of Process in Foreign Country, (II) Waiving Local Rule 7004-1 with Respect Thereto, and (III) Setting Deadline for Foreign Defendant to Respond to Complaint (the Motion ) and Notice of Motion (the Notice ) [Docket No. 1750/ Adv. Docket No. 5] with the Court.
Case 13-13087-KG Doc 1768 Filed 01/11/16 Page 2 of 2 2. Pursuant to the Notice, objections to the Motion, if any, were required to have been filed with the Court and served on the undersigned so as to be received on or before 4:00 p.m. on January 4, 2016 (the Objection Deadline ). 3. The Objection Deadline has passed and no objections or responses were served upon the undersigned counsel or were entered on the Court s docket. 4. Accordingly, the Motion may be granted. WHEREFORE, the Liquidating Trustee respectfully requests that an order, substantially in the form attached to Motion and hereto as Exhibit A, be entered at the earliest convenience of the Court. Date: January 11, 2016 KASEN & KASEN, P.C. /s/ Jenny R. Kasen Jenny R. Kasen (DE Bar No. 5849) Brandywine Building 1000 North West Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 652-3300 and BROWN RUDNICK LLP William R. Baldiga Seven Times Square New York, New York 10036 Telephone: (212) 209-4800 Sunni P. Beville Brian T. Rice One Financial Center Boston, Massachusetts 02111 Telephone: (617) 856-8200 Counsel to the Liquidating Trustee 2
Case 13-13087-KG Doc 1768-1 Filed 01/11/16 Page 1 of 3 Exhibit A (Proposed Order)
Case 13-13087-KG Doc 1768-1 Filed 01/11/16 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: FAH LIQUIDATING CORP. (f/k/a FISKER AUTOMOTIVE HOLDINGS, INC.), et al., Debtors. Chapter 11 Case No. 13-13087 (KG) Jointly Administered EMERALD CAPITAL ADVISORS CORP., in Its Capacity as Trustee for the FAH Liquidating Trust, Plaintiff, - versus - WALLENIUS WILHELMSEN LOGISTICS ZEEBRUGGE N.V., Adv. Pro. No. 15-51900 (KG) Re: D.I. 1750/Adv. D.I. 5 and D.I.. //Adv. D.I.. / Defendant. ORDER (I) EXTENDING DEADLINE FOR SERVICE OF PROCESS IN FOREIGN COUNTRY, (II) WAIVING LOCAL RULE 7004-1 WITH RESPECT THERETO, AND (III) SETTING DEADLINE FOR FOREIGN DEFENDANT TO RESPOND TO COMPLAINT The Court having considered the Motion of the Liquidating Trustee for Entry of an Order (I) Extending Deadline for Service of Process in Foreign Country, (II) Waiving Local Rule 7004-1 with Respect Thereto, and (III) Setting Deadline for Foreign Defendant to Respond to Complaint (the Motion ), 1 and good cause appearing therefor, it is hereby ordered that: 18, 2016; 1. The Motion is granted on the terms set forth herein; 2. The deadline for the Liquidating Trustee to serve Wallenius is extended to May 1 Capitalized terms used but not defined herein have the meanings given them in the Motion.
Case 13-13087-KG Doc 1768-1 Filed 01/11/16 Page 3 of 3 3. Local Rule 7004-1 is waived with respect to serving Wallenius with process; 4. The deadline for Wallenius to answer or otherwise respond to the Complaint shall be 30 days following service of the Complaint and summons; 5. Nothing herein shall limit the right of the Liquidating Trustee to seek additional relief with respect to the subject matter hereof; and 6. The Court shall retain jurisdiction over all matters related hereto or arising hereunder. Date: January, 2016 The Honorable Kevin Gross United States Bankruptcy Judge 2