Order Scheduling Evidentiary Hearing and Setting Forth Hearing Requirements — In re Panthera Enterprises

Summary

Order scheduling an evidentiary hearing and setting forth hearing requirements, Doc 175 in In re Panthera Enterprises, LLC, Case No. 2:19-bk-00787, Chapter 11, in the United States Bankruptcy Court for the Northern District of West Virginia, dated June 19th, 2020 and filed June 19, 2020. The order sets the United States Trustee's motion to dismiss and the joint motion of Panthera Training, LLC and West Virginia Economic Development Authority to dismiss or convert for an evidentiary hearing by videoconference on Friday, July 17, 2020, at 10:00 a.m. Counsel who plan to present evidence or witness testimony must contact the court by July 6, 2020 and submit a joint witness and exhibit list. The order also sets rules for AT&T Teleconferencing and Zoom for Government and for the swearing in of remote witnesses.

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

In re:

  )

  )
PANTHERA ENTERPRISES, LLC,
  )
Case No. 19-bk-787

  )

Debtor.

  )
Chapter 11
___________________________________   )

ORDER SCHEDULING EVIDENTIARY HEARING AND SETTING
FORTH HEARING REQUIREMENTS

On June 10, 2020, the Court convened a telephonic hearing regarding several
matters in the above-captioned case and adversary proceeding, including the United States
Trustee’s motion to dismiss [dckt. 112], and the joint motion by Panthera Training, LLC, and West
Virginia Economic Development Authority to dismiss or convert the Debtor’s Chapter 11 case
[dckt. 132].
Based upon the representations of the parties at the June 10 hearing,
IT IS ORDERED that the above-listed matters be, and hereby are, set for an
EVIDENTIARY HEARING VIA VIDEOCONFERENCE on Friday, July 17, 2020, at 10:00
a.m.
IT IS FURTHER ORDERED that counsel for parties intending to present
evidence or witness testimony MUST CONTACT THE COURT by emailing Courtroom Deputy
Lisa McNeil (Lisa_McNeil@wvnb.uscourts.gov) NO LATER THAN 4:00 p.m. on JULY 6,
2020, the following information: the name, telephone number, and email address of each attorney
and witness participating in the conference.  In that regard, the parties shall submit a joint witness
Dated: June 19th, 2020
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and exhibit list by that date, including the anticipated time necessary for direct and cross
examination of each witness.
IT IS FURTHER ORDERED that:
1.
Telephonic and Video Conferencing Solutions. The Court will be utilizing
both AT&T Teleconferencing (for audio purposes) and Zoom for Government (“Zoom”) (for
video purposes). AT&T Teleconferencing can be accessed by calling (888)273-3658 and
providing access code: 1039652# when prompted and the Zoom link shall be provided to those
parties who have submitted a notice of intent to participate via video conference to the Court in
accordance with Section 3 below.  All counsel and witnesses shall conduct a pre-hearing
test of Zoom using the same equipment that they will be using during the hearing.
2.
Limit on Video Conferencing. Due to video conferencing limitations, the
optimal number of Zoom participants is eight (8), as opposed to AT&T Teleconferencing,
which allows for unlimited participants. In an effort not to overburden the Zoom platform, video
conference participants shall be limited to the witnesses, those parties that anticipate
questioning or cross-examining witnesses and, when possible, should be limited to one attorney
per party and law firm. Parties participating via Zoom who wish to address a witness shall
simultaneously be connected to AT&T Teleconferencing for audio purposes.  Similarly,
witnesses shall utilize the Zoom link only when called to testify.  Upon completion of
testimony, witnesses shall disconnect from the Zoom link and may continue participation in the
hearing through AT&T Teleconferencing.  In order to limit the number of Zoom participants
to eight persons, if necessary, the Court will take a recess as necessary in order to add or subtract
individuals participating via Zoom.
3.
Prior Notice of Intent to Participate by Video Conference. All Parties
wishing to attend the hearing via video conference shall provide notice to
No. 2:19-bk-00787    Doc 175    Filed 06/19/20    Entered 06/19/20 16:17:22    Page 2 of 4

lisa_mcneil@wvnb.uscourts.gov via electronic mail no later than 4:00 p.m. prevailing Eastern
Time on July 6, 2020. The Court will circulate the Zoom link to all parties participating via
video conference prior to the hearing.
4.
Submission of Exhibits to Court. Parties submitting exhibits related to the
hearing shall send all exhibits to lisa_mcneil@wvnb.uscourts.gov via electronic mail in .pdf
format no later than three-business days prior to the scheduled hearing.
5.
Form of Exhibits. Each Party shall combine all of its exhibits into one .pdf
document and each individual exhibit shall be bookmarked for review by the Court. All parties
shall submit their exhibits to the Court separately.
6.
Filing and Service of Exhibits. Parties submitting exhibits are excused from
filing exhibits on the Court docket.  Parties submitting exhibits need only email the exhibits to
opposing counsel and the Court.
7.
Remote Witness Testimony. In accordance with Federal Rule of Civil
Procedure 43(a) (made applicable by Federal Rule of Bankruptcy Procedure 9017), for good
cause and in compelling circumstances a witness may be permitted to testify by
contemporaneous transmission from a location other than the courtroom. Based on the
foregoing, any witness called to testify or subject to cross-examination shall be permitted to
testify by contemporaneous transmission from a different location (“Remote Witness”).
8.
Requirements
for
Allowance
of
Remote
Testimony;
Additional
Information.  As additional safeguards for the allowance of a Remote Witness, the Party
sponsoring said Remote Witness shall file with the Court, no later than two-business days
before the scheduled hearing, a document containing the following information:
a. The name and title of the Remote Witness.
b. The matter on which the Remote Witness will provide testimony.
c. The location of the Remote Witness (city, state, country).
No. 2:19-bk-00787    Doc 175    Filed 06/19/20    Entered 06/19/20 16:17:22    Page 3 of 4

d. The place from which the Remote Witness will testify (e.g. home, office – no
addresses are required).
e. Whether anyone will be in the room with the Remote Witness during the
testimony, and if so, who (name, title, relationship to the Remote Witness), and
for what purpose.
f. Whether the Remote Witness will have access to any documents other than
exhibits that have been emailed to the Court and the parties, and if so, what
documents.

9.
Swearing In of Remote Witnesses. All Remote Witnesses shall be sworn in
over the telephone or video conferencing solution, as applicable, and such testimony will have
the same effect and be binding upon the Remote Witness in the same manner as if such Remote
Witness was sworn in by the Courtroom Deputy in person in open court. To the extent there is
an error or malfunction with the video conference, the Remote Witness may be sworn in and
testify via telephone only.
10.
Responsibility for Remote Witnesses. The party sponsoring the witness shall be
responsible for ensuring that the AT&T Teleconference dial-in information, Zoom link, and all
exhibits are supplied to the Remote Witness prior to the hearing and that the Remote Witness
has been registered with Zoom, as applicable.
SO ORDERED.
No. 2:19-bk-00787    Doc 175    Filed 06/19/20    Entered 06/19/20 16:17:22    Page 4 of 4

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