Full text
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.
)
O R D E R
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 (³Motion 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 (³Panthera 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 50 Filed 10/31/19 Entered 11/01/19 00:49:26 Page 1 of 4
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 50 Filed 10/31/19 Entered 11/01/19 00:49:26 Page 2 of 4
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.
No. 2:19-bk-00787 Doc 50 Filed 10/31/19 Entered 11/01/19 00:49:26 Page 3 of 4
United States Bankruptcy Court
Northern District of West Virginia
In re: Case No. 19-00787-pmf
Panthera Enterprises, LLC Chapter 11
Debtor
CERTIFICATE OF NOTICE
District/off: 0424-2 User: ad Page 1 of 1 Date Rcvd: Oct 29, 2019
Form ID: pdfdoc Total Noticed: 7
Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on
Oct 31, 2019.
db Panthera Enterprises, LLC, 2506 Fishpond Road, Old Fields, WV 26845
aty +Douglas E. Kahle, Basnight, Kinser, Leftwich & Nuckolls, P,
308 Cedar Lakes Drive, 2nd Floor, Chesapeake, VA 23322-8342
aty +Mark A. Lindsay, 707 Grant Street, Suite 2200, Pittsburgh, PA 15219-1945
cr Panthera Training, LLC, 2506 Fish Pond Road, Old Fields, WV 26845
cr +SMI, LLC, 123 East Main Street, 5th Floor, Charlottesville, VA 22902-6800
cr +West Virginia Economic Development Authority, 180 Association DR, Charleston, WV 25311-1217
cr West Virginia State Tax Department, Bankruptcy Unit, P.O. Box 766,
Charleston, WV 25323-0766
Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center.
NONE. TOTAL: 0
***** BYPASSED RECIPIENTS *****
NONE. TOTAL: 0
Addresses marked ’+’ were corrected by inserting the ZIP or replacing an incorrect ZIP.
USPS regulations require that automation-compatible mail display the correct ZIP.
Transmission times for electronic delivery are Eastern Time zone.
I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner
shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.
Meeting of Creditor Notices only (Official Form 309): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social
Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required
by the bankruptcy rules and the Judiciary’s privacy policies.
Date: Oct 31, 2019 Signature: /s/Joseph Speetjens
_
CM/ECF NOTICE OF ELECTRONIC FILING
The following persons/entities were sent notice through the court’s CM/ECF electronic mail (Email)
system on October 29, 2019 at the address(es) listed below:
Debra Lee Allen on behalf of Creditor West Virginia Economic Development Authority
dallen@spilmanlaw.com
Eric Michael Wilson on behalf of Creditor West Virginia State Tax Department
eric.m.wilson@wv.gov, lora.l.rutledge@wv.gov
Gary O. Kinder on behalf of U.S. Trustee United States Trustee gary.o.kinder@usdoj.gov
John J. Richardson on behalf of Debtor Panthera Enterprises, LLC jrichardson@bernsteinlaw.com
Julia A. Chincheck on behalf of Creditor Panthera Training, LLC jchincheck@bowlesrice.com
Robert S. Bernstein, Esq on behalf of Plaintiff Panthera Enterprises, LLC
rbernstein@bernsteinlaw.com,
cwirick@bernsteinlaw.com;cwirick@ecf.courtdrive.com;rbernstein@ecf.courtdrive.com
Robert S. Bernstein, Esq on behalf of Debtor Panthera Enterprises, LLC
rbernstein@bernsteinlaw.com,
cwirick@bernsteinlaw.com;cwirick@ecf.courtdrive.com;rbernstein@ecf.courtdrive.com
Travis Alan Knobbe on behalf of Creditor West Virginia Economic Development Authority
tknobbe@spilmanlaw.com, dambrose@spilmanlaw.com
United States Trustee ustpregion04.ct.ecf@usdoj.gov
William J. Leon on behalf of Creditor SMI, LLC jayleon@comcast.net
TOTAL: 10
No. 2:19-bk-00787 Doc 50 Filed 10/31/19 Entered 11/01/19 00:49:26 Page 4 of 4