COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile:

(212) 479-6275 Lawrence C. Gottlieb James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : ---------------------------------------------------------------- x EX PARTE MOTION FOR ORDER SHORTENING TIME WITH RESPECT TO APPLICATION OF THE DEBTOR FOR ORDER UNDER BANKRUPTCY CODE SECTIONS 327(A) AND 328 AND BANKRUPTCY RULES 2014 AND 2016 AUTHORIZING EMPLOYMENT AND RETENTION OF COOLEY LLP AS ATTORNEYS FOR DEBTOR, NUNC PRO TUNC TO THE PETITION DATE The debtor and debtor in possession in the above-captioned case (the Debtor)1, by and through its proposed counsel Cooley LLP (Cooley), hereby files this motion (the Motion to Shorten Time) seeking entry of an order shortening time for notice of hearing on the Debtors application to retain Cooley as its counsel (the Application),2 and respectfully represents:

Chapter 11

Case No. 11-10723 (SHL)

The last four digits of the Debtors federal tax identification number are 3507. Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Application.
2

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INTRODUCTION 1. On February 21, 2011 (the Petition Date), the Debtor commenced with this

Court a voluntary case under chapter 11 of the Bankruptcy Code. The Debtor is authorized to operate its business and manage its properties as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory creditors

committee has been appointed in this chapter 11 case. JURISDICTION 2. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. 157

and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. RELIEF REQUESTED AND BASIS THEREFOR 3. In the Application, the Debtor requests, inter alia, entry of an order authorizing

the Debtor to retain Cooley as its counsel, effective as of the Petition Date. As discussed more fully in the Application, the Debtor believes that Cooley is well qualified to represent and advise the Debtor in this chapter 11 proceeding and that Cooleys expertise in chapter 11 cases places it in a position whereby it can provide efficient and cost effective representation and advice to the Debtor. 4. Through this Motion to Shorten Time, the Debtor requests an order, pursuant to

Bankruptcy Rule 9006(c)(1), shortening the notice required to be provided with respect to the Application so that they may be heard at the previously scheduled March 23, 2011 hearing. Pursuant to Local Rule 9077-1, attached as Exhibit A is an affidavit of James A. Beldner in support of this Motion to Shorten Time (the Beldner Affidavit). 5. Bankruptcy Rule 9006(c)(1) authorizes this Court, for cause shown, to reduce the See Fed. R. Bankr. P.

notice period required for a hearing to consider the Application.

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9006(c)(1). The Debtor is requesting that the Court shorten the notice period with respect to the Application from 21 days notice to 16 days notice. The Debtor proposes that the objection deadline be scheduled for March 18, 2011 at 4:00 p.m. (Eastern Time), which is 5 days prior to the requested hearing date. 6. There is ample cause to reduce the notice period. The Debtor submits that the

major stakeholders in this case are undoubtedly aware that the Debtor would seek to retain Cooley, as such parties have been corresponding with Cooley since the Petition Date. In addition, parties in interest would have 11 days to object to the relief requested in the Application. Moreover, the Debtor filed the Application, and this Motion to Shorten Time, as soon as it was able to do so upon Cooleys completion of its thorough conflicts analysis. 7. In light of the foregoing, the Debtor submits that there is cause to reduce the

notice period and that the notice period in these circumstances is sufficient. 8. For the foregoing reasons, and for the reasons set forth in the Beldner Affidavit,

the Debtor submits that ample cause and exigencies exist to shorten notice as requested herein. NOTICE AND PRIOR APPLICATION 9. Pursuant to Bankruptcy Rule 9006(c)(1), the Court may shorten time without

notice. Accordingly, no notice of this Motion to Shorten Time has been given. 10. Notice of the Application will be provided to: (i) the Office of the United States

Trustee for the Southern District of New York, (ii) the entities listed on the Consolidated List of Creditors Holding the 40 Largest Unsecured Claims, and (iii) the parties requesting notice under Bankruptcy Rule 2002. The Debtor submits that the foregoing constitutes good and sufficient notice and that no other or further notice need be given.

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11. court.

No prior motion for the relief requested herein has been made to this or any other

WHEREFORE, the Debtor respectfully requests that this Court enter an order granting the relief requested herein and such further relief as this Court deems just and equitable. Dated: March 7, 2011 New York, New York By: /s/ James A. Beldner James A. Beldner COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Lawrence C. Gottlieb James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession

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EXHIBIT A Beldner Affidavit [See Attached]

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : : ---------------------------------------------------------------- x

Chapter 11

Case No. 11-10723 (SHL)

AFFIDAVIT OF JAMES A. BELDNER IN SUPPORT OF EX PARTE MOTION FOR ORDER SHORTENING TIME WITH RESPECT TO APPLICATION OF THE DEBTOR FOR ORDER UNDER BANKRUPTCY CODE SECTIONS 327(A) AND 328 AND BANKRUPTCY RULES 2014 AND 2016 AUTHORIZING EMPLOYMENT AND RETENTION OF COOLEY LLP AS ATTORNEYS FOR DEBTOR, NUNC PRO TUNC TO THE PETITION DATE STATE OF NEW YORK COUNTY OF NEW YORK ) ) SS.: )

James A. Beldner, being duly sworn, deposes and says: 1. I am an attorney admitted to practice before this Court and a partner of Cooley

LLP. I submit this affidavit in support of the motion dated March 7, 2011 (the Motion to Shorten Time)1 for an order shortening time pursuant to Rule 9006(c) of the Bankruptcy Rules with respect to the hearing on the Debtors applications to retain Cooley LLP (Cooley) as its counsel (the Application). 2. Through the Motion to Shorten Time, the Debtor requests an order, pursuant to

Bankruptcy Rule 9006(c)(1), shortening the notice required to be provided with respect to the Application so that it may be heard at the previously scheduled March 23, 2011 hearing.

Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Motion to Shorten Time.

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3.

There is ample cause to reduce the notice period. The Debtor submits that the

major stakeholders in this case are undoubtedly aware that the Debtor would seek to retain Cooley, as such parties have been corresponding with Cooley since the Petition Date. In addition, parties in interest would have 11 days to object to the relief requested in the Application. Moreover, the Debtor filed the Application as soon as Cooley completed its

thorough conflicts analysis. In light of the foregoing, the Debtor submits that there is cause to reduce the notice period and that the notice period in these circumstances is sufficient. 4. In light of the foregoing, the Debtor requests that the Court shorten the 21-day

notice period so that the Application can be heard on March 23, 2011. Further, the Debtor requests that this Court set a deadline for the service and filing of objections to the Application of March 18, 2011 at 4:00 p.m. (Eastern Time). I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed this 7th day of March 2011.

COOLEY LLP By: /s/ James A. Beldner James A. Beldner, Esq.

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : : : ---------------------------------------------------------------- x

Chapter 11

Case No. 11-10723 (SHL) Re: _____

ORDER SHORTENING TIME WITH RESPECT TO APPLICATION OF THE DEBTOR FOR ORDER UNDER BANKRUPTCY CODE SECTIONS 327(A) AND 328 AND BANKRUPTCY RULES 2014 AND 2016 AUTHORIZING EMPLOYMENT AND RETENTION OF COOLEY LLP AS ATTORNEYS FOR DEBTOR, NUNC PRO TUNC TO THE PETITION DATE Upon the motion dated March 7, 2011 (the Motion to Shorten Time) of the above-captioned debtor and debtor in possession (the Debtor),1 requesting an order, pursuant to Rule 9006(c)(1) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), shortening the time for the hearing on the Debtors application to retain Cooley LLP as its counsel (the Application); and upon the Affidavit of James A. Beldner, annexed to the Motion to Shorten Time as Exhibit A; and the Court having subject matter jurisdiction to consider the Motion to Shorten Time and the relief requested therein pursuant to 28 U.S.C. 1334 and the Standing Order of Referral of Cases to Bankruptcy Court Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Motion to Shorten Time and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and it appearing that no notice of the relief requested in the Motion to Shorten Time need
1

The last four digits of the Debtors federal tax identification number are 3507.

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be provided; and the Court having determined that the legal and factual bases set forth in the Motion to Shorten Time establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the Motion to Shorten Time is granted as set forth herein; and it is further ORDERED that the 21-day notice period, otherwise applicable, be shortened to sixteen (16) days, pursuant to Bankruptcy Rule 9006(c)(1); and it is further ORDERED that the hearing to consider approval of the relief requested in the Application shall be held on March 23, 2011, at 11:00 a.m. (Eastern Time), before the Honorable Sean H. Lane, United States Bankruptcy Judge, in Room 621 of the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York, or as soon thereafter as the Debtor may be heard; and it is further ORDERED that the deadline for service and filing of objections to the Application shall be March 18, 2011 at 4:00 p.m. (Eastern Time). Dated: March ____, 2011 New York, New York HONORABLE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE

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