Anda di halaman 1dari 6

Case:12-24882-ABC Doc#:417 Filed:09/06/12

Entered:09/06/12 12:22:41 Page1 of 5

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO

In re Case No. 12-24882 ABC

CORDILLERA GOLF CLUB, LLC dba The Club Chapter 11 at Cordillera, Tax ID I EIN: 27-0331317
Debtor.

MOTION TO SHORTEN NOTICE PERIOD FOR DEBTOR'S MOTION TO VACATE TRIAL DATE AND STAY DISCOVERY ON MOTION TO APPOINT CHAPTER 11 TRUSTEE

The Debtor and Debtor-in-Possession, Cordillera Golf Club, LLC, dba The Club at Cordillera (the "Debtor"), by and through its undersigned counsel and pursuant to sections 105(a) of the United States Bankruptcy Code and Federal Rules of Bankruptcy Procedure 2002 and 9006, hereby moves the Court to shorten the notice period from twenty-one (21) days to two (2) days regarding the Debtor's Motion to Vacate Trial Date and Stay Discovery on Motion to Appoint Chapter 11 Trustee. In support of this motion to shorten notice, the Debtor states as follows:
1.

The Debtor filed its petition for relief under Title 11 of the United States

Bankruptcy Code on June 26, 2012 (the "Petition Date") in the United States Bankruptcy Court for the District of Delaware. 2. On July 16, 2012, venue was transferred to the United States Bankruptcy Court

for the District of Colorado, commencing the above-captioned case. 3. On July 24, 2012, Cheryl M. Foley, Thomas Wilner, Jane Wilner, Charles

Jackson, Mary Jackson, and Kevin B. Allen, Individually and as Representatives of a Certified Class of Members ("Member Representatives") filed their motion requesting appointment of a

4810-7263-7968.1

Case:12-24882-ABC Doc#:417 Filed:09/06/12

Entered:09/06/12 12:22:41 Page2 of 5

Chapter 11 Trustee for this case pursuant to sections 1104(a)(l) and (2) ofthe Bankruptcy Code (the "Trustee Motion") with an initial hearing date of August 15, 2012. 4. On or about August 10, 2012, Member Representatives served requests for

production of documents seeking all documents produced in the District Court case involving the Debtor and Member Representatives and sought an order shortening time for response. Debtor opposed. The Court did not grant the request to shorten time [Docket No. 358]. 5. At the initial hearing on the Trustee Motion, the Court set a trial date of

October 1, 2012 regarding the Trustee Motion and a discovery cutoff of September 26, 2012, and instructed the professionals to work together on streamlining discovery issues and set a 14-day response deadline on discovery. 6. In response to the first request for production, Debtor requested Member

Representatives to agree to the same protective order agreed to in the District Court case, but Member Representatives refused. On August 28, 2012, Debtor filed a motion for protective order which this Court granted to the extent, "Debtor's Motion [for a protective order] is GRANTED in so far as Debtor need not produce the documents in response to Member Representatives' discovery request for it to produce all the documents previously produced in the Class Action case." [Docket No. 395]. 7. Thereafter, Member Representatives sought reconsideration of the Court's order,

Debtor responded and the Court denied the Member Representatives' request on August 31, 2012 [Docket No. 409]. 8. Member Representatives have submitted additional discovery including noticing

the depositions of Dan Fitchett, David Wilhelm, AI Siegel, and a 30(b)(6) witness for the Debtor, together with extensive document requests and thirty-five (35) points of anticipated inquiry. 9. Debtor sought to meet and confer to limit the scope of the 30(b)(6) testimony and

further has been trying to coordinate a mediation. 10. Debtor also served defensive discovery and set depositions for the week of

September 10, 2012 and September 17, 2012. 2


481 0-7263-7968. 1

Case:12-24882-ABC Doc#:417 Filed:09/06/12

Entered:09/06/12 12:22:41 Page3 of 5

11.

Although the parties believed that they might be able to schedule a mediation as

early as August 31, 2012, the earliest that a mediation can take place, given conflicting schedules of the parties, is the week of September 10, 2012, the same week Debtor has noticed depositions. 12. Member Representatives and joining parties have now requested Debtor

reschedule depositions to allow the mediation to proceed without concurrent depositions. 13. Debtor believes that in light of the current circumstances, it is in everyone's best

interest to vacate the trial date and stay discovery. 14. Given the abbreviated trial scheduled, it is necessary to seek relief regarding an

order on shortened notice to hear Debtor's motion to vacate the trial date to allow parties the ability to focus on a mediation and stop the massive hemorrhaging oflegal fees being dedicated to discovery disputes. 15. This shortened notice motion requests that the Court enter an Order shortening the

notice period applicable to the Motion to Vacate Trial Date and Stay Discovery from twenty-one (21) days to two (2) days.
RELIEF REQUESTED

16.

Under Federal Rule of Bankruptcy Procedure 9006(c), the Court may for cause

shown order a reduction in the notice time set forth in Rule 2002. State Bank of Southern Utah
v. Gledhill (In re Gledhill), 76 F.3d 1070, 1084 (lOth Cir. 1996).

17.

A reduction of the notice period from twenty-one (21) day to two (2) days will not

prejudice any party in this case. All parties who have participated in the case, and the Member Representatives in particular, agreed to the abbreviated scheduling order in connection with a trial on its motion, and should have anticipated shortened notice. 18. There is good cause to shorten the notice period in light of the discovery cutoff of

September 26, 2012 and trial date of October 1, 2012, in light of the earliest date for mediation of September 10-13, 2012 and requests of Member Representatives and joining parties to be relieved of appearing at depositions the week of September 10, 2012. Time is of the essence to

3
4810-7263-7968.1

Case:12-24882-ABC Doc#:417 Filed:09/06/12

Entered:09/06/12 12:22:41 Page4 of 5

avoid further costs in discovery and trial preparation and devote precious resources to seeking a consensual resolution that may obviate the need for a trial. WHEREFORE, the Debtor requests that the Court enter an Order shortening the notice period applicable to the Motion to Vacate Trial Date and Stay Discovery from twenty-one (21) days to two (2) days, set a hearing date no later than September 10, 2012, and grant such other or further relief as is just.

Dated: September 6, 2012

FOLEY & LARDNER LLP

Is/ Ann Marie Uetz Ann MarieU etz 500 Woodward Avenue, Suite 2700 Detroit, MI 48226 Telephone: 313-234-7100 Facsimile: 313-234-2800 Email: auetz@foley.com
Christopher Celentino (CA No. 131688) Mikel Bistrow (CA No. 102978) Dawn A. Messick (CA No. 236941) Admitted Pro Hac Vice 402 West Broadway, Suite 2100 San Diego, CA 92101 Telephone: 619-234-6655 Facsimile: 619-234-3510 Email: ccelentino@foley.com Email: mbistrow@foley.com Email: dmessick@foley.com Counsel for Debtor and Debtor in Possession -and-

4
4810-7263-7968.1

Case:12-24882-ABC Doc#:417 Filed:09/06/12

Entered:09/06/12 12:22:41 Page5 of 5

SENDER & WASSERMAN, P.C. Harvey Sender (CO No. 7546) 1660 Lincoln Street, Sutie 2200 Denver, CO 80264 Telephone: 303-296-1999 Facsimile: 303-296-7600 Email: sender@sendwass.com Counsel for Debtor and Debtor in Possession

5
4810-7263-7968.1

Case:12-24882-ABC Doc#:417-1 Filed:09/06/12

Entered:09/06/12 12:22:41 Page1 of 1

UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO

In re CORDILLERA GOLF CLUB, LLC dba The Club at Cordillera, Tax ID I EIN: 27-0331317 Debtor.

Case No. 12-24882 ABC Chapter 11

ORDER GRANTING MOTION TO SHORTEN NOTICE PERIOD FOR DEBTOR'S MOTION TO VACATE TRIAL DATE AND STAY DISCOVERY ON MOTION TO APPOINT CHAPTER 11 TRUSTEE
This matter comes before the Court on the Motion to Shorten Notice Period for Debtor's Motion to Vacate Trial Date and Stay Discovery on Motion to Appoint Chapter 11 Trustee (the "Motion"). The Court having reviewed the Motion, and finding that good cause exists for granting the relief requested therein, and that no further notice of the Motion is necessary or appropriate, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. Debtor's Motion is GRANTED and any opposition to the Debtor's Motion to Vacate Trial and Stay Discovery on the Motion to Appoint Chapter 11 Trustee is now due , 2012; any reply/response is now due _ _ _ _ _ _ , 2012; and a hearing will be held ~m _ _ _ _ _ _ _ __ Dated this ___ day of _ _ _ _ _ _ _ , 2012. BY THE COURT:

United States Bankruptcy Court

4825-6633-7040.1