Motion to Extend Time for Debtor to File Response to Motions — Wveda, Movant v. Panthera Enterprises, LLC, Respondent

Summary

Doc 67, filed December 5, 2019 in In re Panthera Enterprises, LLC, Case No. 2:19-787, Chapter 11, in the United States Bankruptcy Court for the Northern District of West Virginia, is the debtor's Motion to Extend Time for Debtor to File Response to Motions filed by West Virginia Economic Development Authority. The motion states that the Debtor and Panthera Training, LLC are discussing a potential agreement that would resolve certain disputed issues and that the Debtor believes any such agreement will substantially affect its responses to the Motions. It asks the Court to extend the time to respond to December 11, 2019, citing Rule 9006(b)(1) of the Federal Rules of Bankruptcy Procedure. Counsel for Debtor is Bernstein-Burkley, P.C.

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Full text

4817-3903-2672.1
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In re:

PANTHERA ENTERPRISES, LLC,

Case No. 2:19-787

Chapter 11

Debtor-in-possession.

WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,

Movant,

v.

PANTHERA ENTERPRISES, LLC,

Respondent.

MOTION TO EXTEND TIME FOR DEBTOR TO FILE RESPONSE TO MOTIONS
AND NOW COMES, the Panthera Enterprises, LLC (“Debtor”), by and through its
undersigned counsel, pursuant to Rule 9006(b)(1) of the Federal Rules of Bankruptcy Procedure,
file this Motion to Extend Time File Response to Motions filed by West Virginia Economic
Development Authority, and in support thereof, respectfully states as follows:
1.
On September 13, 2019, the Plaintiff filed a voluntary petition for relief under
chapter 11 of the Bankruptcy Code and is a debtor in possession in accordance with § 1107(a) of
the Bankruptcy Code.
2.
The Plaintiff owns the real property located at 2506 Fishpond Road, Old Fields,
West Virginia 26845, including the improvements, structures and various personal property
situated on such real property (collectively, the “Property”), all of which is utilized as a training
facility for various of the Plaintiff’s clients and customers.
No. 2:19-bk-00787    Doc 67    Filed 12/05/19    Entered 12/05/19 13:05:13    Page 1 of 4

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3.
On November 2, 2019, the West Virginia Economic Development Authority filed
a Motion for Relief from Stay related to the Property (the “Motion for Relief from Stay”) and a
Motion to Convert the Case to Chapter 7, or in the alternative, to Dismiss the Case (the “Motion
to Convert”).  Collectively, the Motion for Relief from Stay and the Motion to Convert are
hereafter referred to as the “Motions” when appropriate.
4.
The Court held a preliminary telephone hearing on the Motions on November 12,
2019 (the “Preliminary Hearing”).
5.
At the Preliminary Hearing, the Court set a date to hear the Motion to Convert for
December 16, 2019 and it was agreed that a date for the Motion for Relief from Stay would be set
at a later date.
6.
Also at the Preliminary Hearing, the Debtor suggested and it was agreed that the
Debtor be allowed until December 6, 2019 to file responsive pleadings to the Motions (the
“Response Deadline”).
7.
As the Court and EDA are aware, the Debtor is also involved in a series of disputed
issues with its tenant, Panthera Training, LLC (“Training”) and the Court held a trial on November
25 and November 26, 2019 to hear Debtor’s request for a preliminary injunction.  On December
2, 2019, the Court notified the parties by telephonic hearing of its decision to deny Debtor’s request
for preliminary injunction (the “Injunction Order”).
8.
Since the entry of the Injunction Order, the Debtor has been in discussions with
Training regarding a potential agreement that would resolve certain of the disputed issues between
said parties and provide for the near term trainings to occur as scheduled.
9.
As of the time of the filing of this Motion, the Debtor and Training are still in the
process of discussing and finalizing such an agreement.
No. 2:19-bk-00787    Doc 67    Filed 12/05/19    Entered 12/05/19 13:05:13    Page 2 of 4

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10.
The Debtor believes and therefore avers that any such agreement is directly related
to and will substantially affect its responses to the Motions and will directly address many of the
concerns expressed by the EDA.
11.
In order to allow the Debtor to continue its discussions and still have the
opportunity to appropriately respond to the Motions, the Debtor hereby requests an extension of
time to respond to the Motions to Wednesday, December 11, 2019.
12.
WHEREFORE, in consideration of the foregoing, the Debtor respectfully moves
this Court to extend the time for Debtor file its responsive pleadings to the Motions to December
11, 2019 and grant them such other and further relief as the Court deems just and appropriate.

Respectfully submitted:
Date: December 5, 2019

BERNSTEIN-BURKLEY, P.C.

By: /s/ John J. Richardson

John J. Richardson, Esq.

WV ID: 13140

jrichardson@bernsteinlaw.com
Robert S. Bernstein, Esq.

WV ID: 4708

rbernstein@bernsteinlaw.com
Mark A. Lindsay, Esq.

PA ID: 89487

Admitted Pro Hac Vice
mlindsay@bernsteinlaw.com
707 Grant Street, Ste. 2200

Pittsburgh, PA 15219

Phone: (412) 456-8100

Fax: (412) 456-8135

Counsel for Debtor/Plaintiff

No. 2:19-bk-00787    Doc 67    Filed 12/05/19    Entered 12/05/19 13:05:13    Page 3 of 4

UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In re:

PANTHERA ENTERPRISES, LLC,

Case No. 2:19-787

Chapter 11

Debtor-in-possession.

WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,

Movant,

v.

PANTHERA ENTERPRISES, LLC,

Respondent.

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that the within Motion for Extension of Time was
served via the CM/ECF system upon all parties and counsel of record on this 5th day of
December, 2019.
Respectfully submitted:
Date: December 5, 2019

BERNSTEIN-BURKLEY, P.C.

By: /s/ John J. Richardson

John J. Richardson, Esq.

WV ID: 13140

jrichardson@bernsteinlaw.com
707 Grant Street, Ste. 2200

Pittsburgh, PA 15219

Phone: (412) 456-8101

Fax: (412) 456-8135

Counsel for Debtor/Plaintiff
No. 2:19-bk-00787    Doc 67    Filed 12/05/19    Entered 12/05/19 13:05:13    Page 4 of 4

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