to consider the Motion to Compel Panthera Enterprises, LLC to Timely Perform All Obligation s

Summary

A scheduling order filed October 29, 2019 as Doc 45 in In re Panthera Enterprises, LLC, Case No. 2:19-bk-787, a Chapter 11 case in the U.S. Bankruptcy Court for the Northern District of West Virginia, and in the adversary proceeding Panthera Enterprises, LLC v. Panthera Training, LLC, A.P. No. 2:19-ap-51. It follows an October 28, 2019 telephonic hearing on Panthera Training's Motion to Compel the debtor to perform its obligations under a subcontract. The order permits discovery under Bankruptcy Rule 9014(c) and directs Panthera Training to answer the complaint by November 7, 2019, with any counterclaims, and the debtor to respond by November 20, 2019. It also sets prehearing memoranda for November 18, 2019 and an evidentiary hearing on preliminary relief for November 21, 2019 in Wheeling, West Virginia.

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No. 2:19-bk-00787       Doc 45     Filed 10/29/19   Entered 10/29/19 16:07:06        Page 1 of 3




                    IN THE UNITED STATES BANKRUPTCY COURT
                  FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

In re:                                          )
                                                )
         PANTHERA ENTERPRISES, LLC,             )   CASE NO. 2:19-bk-787
                                                )
                            Debtor.             )   Chapter 11
                                                )
PANTHERA ENERPRISES, LLC,                       )
                                                )
                           Plaintiff,           )
                                                )
v.                                              )   A.P. No. 2:19-ap-51
                                                )
PANTHERA TRAINING, LLC,                         )
                                                )
                           Defendant.           )

                                           ORDER

         On October 28, 2019, a telephonic hearing was held in the above-styled bankruptcy case
to consider the Motion to Compel Panthera Enterprises, LLC to Timely Perform All Obligations
Under the Subcontract filed by Panthera Training, LLC (“Motion to Compel”).                 Upon
consideration of the representations of counsel and for reasons fully stated on the record, the
Court does hereby
         ORDER that the parties may engage in discovery consistent with the provisions of
Bankruptcy Rule 9014(c). Given the short timeframe prior to the next hearing, the parties should
engage in a cooperative effort to provide requested information in a timely manner and not
saddle the other party with overly burdensome requests. It is further
         ORDERED that Panthera Training, LLC (“Panthera Training”) shall file an answer to
the Complaint filed in Panthera Enterprises, LLC v. Panthera Training, LLC, A.P. No. 2:19-ap-
51, by November 7, 2019.         The answer should include any counterclaims or requests for
preliminary injunctive relief related to the Motion to Compel. The Debtor shall file its answer to
any counterclaims or requests for injunctive relief by November 20, 2019. It is further
No. 2:19-bk-00787      Doc 45     Filed 10/29/19     Entered 10/29/19 16:07:06        Page 2 of 3


       ORDERED that the Debtor may file a request for a preliminary injunction related to its
real property by November 7, 2019. Panthera Training shall file a response to the request for
preliminary injunction by November 20, 2019. It is further
       ORDERED that each of the parties shall file a prehearing memorandum by November
18, 2019. The memorandum should include a list of witnesses and exhibits, statement of facts,
the parties’ legal positions and authority that they will be relying on at the hearing. The parties
may electronically file their exhibits with their prehearing memorandum. It is further
No. 2:19-bk-00787      Doc 45     Filed 10/29/19     Entered 10/29/19 16:07:06    Page 3 of 3


       ORDERED that court will convene an evidentiary hearing to consider preliminary relief
of all of these matters on November 21, 2019 at 9:30 a.m. in the L. Edward Friend II Bankruptcy
Courtroom, located on the third floor of the U.S. Courthouse, 1125 Chapline Street, Wheeling,
West Virginia. It is further
       ORDERED that the parties shall present the court with two additional copies of each
original document that is offered as evidence at the hearing.


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