In re Kabbage — Email Correspondence re Document Production (Exhibit 6)
- Date
- 2023-02-24
Summary
Exhibit 6, filed February 24, 2023 as Doc 577-6 in Case 22-10951-CTG, is a 6-page chain of emails between counsel at Weil, Gotshal & Manges LLP for the Debtors and counsel at Morgan, Lewis & Bockius LLP about a document production. The emails run from January 10, 2023 to February 3, 2023 under the subject KServicing. Debtors' counsel repeatedly asks for updates on the response to a letter sent on 12/15 and states that the Debtors may file a 2004 motion if documents are not produced. The responding counsel reports that the client is collecting documents, that a litigation hold was implemented, that production will be on a rolling basis, and that the company's deal counsel Goodwin holds most responsive documents. The last email, of February 3, 2023, states that the promised production had not been received.
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Case 22-10951-CTG Doc 577-6 Filed 02/24/23 Page 1 of 6
EXHIBIT 6
Case 22-10951-CTG Doc 577-6 Filed 02/24/23 Page 2 of 6
From: Tsekerides, Theodore
Sent: Friday, February 3, 2023 11:59 AM
To: Wolfe, Craig A.
Cc: Bonk, Cameron; Shapiro@rlf.com; Ollestad, Jordan A.
Subject: Re: KServicing
Craig, I may have missed it but I don’t believe we received the production that you indicated was going out
yesterday. Please advise.
Thanks.
Theodore E. Tsekerides
Partner
Weil, Gotshal & Manges LLP
212‐310‐8218 Office
516‐398‐0510 Mobile
On Feb 2, 2023, at 10:44 AM, theodore.tsekerides@weil.com wrote:
Craig, we know that Goodwin was the deal counsel but they don’t represent the company any
longer. While we are separately seeking materials from them, whether other parties have documents
does not preclude the Debtors from obtaining information from specific parties to ensure it has what it
needs. I don’t doubt that your client is not eager to produce documents but I’m sure it has responded
to third party discovery before. Our requests are not unreasonable and relate to a specific transaction. I
would also expect your client has files specific to this engagement that they could locate, and should
have located by now, with not much difficulty. There is a growing frustration at the Debtors that your
client is blowing this off, especially given that no documents have been received notwithstanding that
our letter was sent on 12/15. My client has been patient with this but I am getting pressure to bring this
before the court if no meaningful progress is made quickly. We look forward to your production that
we expect to receive today but also must reserve all of the Debtors’ rights.
Thanks very much.
Theodore E. Tsekerides
Partner
Weil, Gotshal & Manges LLP
212‐310‐8218 Office
516‐398‐0510 Mobile
On Feb 1, 2023, at 12:03 PM, Wolfe, Craig A. <craig.wolfe@morganlewis.com> wrote:
Another quick update. I just got off a call with the FT Partners team on the document
production. One issue that came up is that the business team said that the
Company’s deal counsel was Goodwin, which has virtually all the documents that are
1
Case 22-10951-CTG Doc 577-6 Filed 02/24/23 Page 3 of 6
responsive to your request. Having not been otherwise involved with the Kabbage
bankruptcy case or the underlying deal, I went to the Kabbage docket and searched the
term “Goodwin” to see if they were hired as 327(e) or (a) counsel in the chapter 11. I
didn’t see anything. Perhaps ordinary course? I suspect you are already fully aware of
the involvement Goodwin and scope of available information, but I told the team I
would raise it. Their issues is that gathering and reviewing again all of this information is
an expensive process and is distracting key personnel from critical transactions. So
again, I said I would raise it. Tomorrow’s production is being prepped now and each
document will be bates stamped and will bear the following badge: “CONFIDENTIAL –
SUBJECT TO NDA.”
Craig A. Wolfe
Morgan, Lewis & Bockius LLP
101 Park Avenue | New York, NY 10178-0060
Direct: +1.212.309.6204 | Main:+1.212.309.6000 | Fax: +1.212.309.6001
Cell: (213) 514-3423
craig.wolfe@morganlewis.com| www.morganlewis.com
Assistant: Lisa Edwards | +1.212.309.6393 | lisa.edwards@morganlewis.com
From: Wolfe, Craig A. <craig.wolfe@morganlewis.com>
Sent: Sunday, January 29, 2023 5:04 AM
To: Tsekerides, Theodore <theodore.tsekerides@weil.com>
Subject: Re: KServicing
We actually got a slug of documents on Friday. We will get those reviewed and over to
you on a rolling basis.
Craig A. Wolfe
Morgan, Lewis & Bockius LLP
101 Park Avenue | New York, NY 10178-0060
Direct: +1.212.309.6204 | Main: +1.212.309.6000 | Fax: +1.212.309.6001
Cell: (213) 514-3423
craig.wolfe@morganlewis.com | www.morganlewis.com
Assistant: Lisa Edwards | +1.212.309.6393 | lisa.edwards@morganlewis.com
From: Tsekerides, Theodore <theodore.tsekerides@weil.com>
Sent: Saturday, January 28, 2023 6:49:59 AM
To: Wolfe, Craig A. <craig.wolfe@morganlewis.com>
Subject: RE: KServicing
2
Case 22-10951-CTG Doc 577-6 Filed 02/24/23 Page 4 of 6
[EXTERNAL EMAIL]
Craig, this is moving too slowly. We need to start getting documents early this
coming week to avoid us filing a 2004 motion.
Thanks
<image001.jpg>
Theodore E. Tsekerides
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
theodore.tsekerides@weil.com
+1 212 310 8218 Direct
+1 516 398 0510 Mobile
+1 212 310 8007 Fax
From: Wolfe, Craig A. <craig.wolfe@morganlewis.com>
Sent: Friday, January 13, 2023 5:09 PM
To: Tsekerides, Theodore <theodore.tsekerides@weil.com>
Subject: Re: KServicing
The team is still collecting documents. They are busy on deals, so they don’t
have an army to dedicate to the project but are taking it very seriously. We
should start producing next week.
Craig A. Wolfe
Morgan, Lewis & Bockius LLP
101 Park Avenue | New York, NY 10178-0060
Direct: +1.212.309.6204 | Main: +1.212.309.6000 | Fax: +1.212.309.6001
Cell: (213) 514-3423
craig.wolfe@morganlewis.com | www.morganlewis.com
Assistant: Lisa Edwards | +1.212.309.6393 | lisa.edwards@morganlewis.com
From: Tsekerides, Theodore <theodore.tsekerides@weil.com>
Sent: Friday, January 13, 2023 1:44:08 PM
3
Case 22-10951-CTG Doc 577-6 Filed 02/24/23 Page 5 of 6
To: Wolfe, Craig A. <craig.wolfe@morganlewis.com>
Subject: RE: KServicing
[EXTERNAL EMAIL]
Craig, where do we stand? I’d like to avoid filing a motion but we need to get
this going. We have a lot of stakeholders and they are pressing us.
Thanks very much.
<image001.jpg>
Theodore E. Tsekerides
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
theodore.tsekerides@weil.com
+1 212 310 8218 Direct
+1 516 398 0510 Mobile
+1 212 310 8007 Fax
From: Wolfe, Craig A. <craig.wolfe@morganlewis.com>
Sent: Tuesday, January 10, 2023 3:22 PM
To: Tsekerides, Theodore <theodore.tsekerides@weil.com>
Subject: RE: KServicing
Yes, I just got off a long call with the client to provide them with guidance on the
production of documents. The plan is to produce on a rolling basis, so you guys start
getting some materials. A litigation hold has also been implemented. I should have an
update by Friday. Keep you posted and do not hesitate to contact me.
Craig A. Wolfe
Morgan, Lewis & Bockius LLP
101 Park Avenue | New York, NY 10178-0060
Direct: +1.212.309.6204 | Main:+1.212.309.6000 | Fax: +1.212.309.6001
Cell: (213) 514-3423
craig.wolfe@morganlewis.com| www.morganlewis.com
Assistant: Lisa Edwards | +1.212.309.6393 | lisa.edwards@morganlewis.com
From: Tsekerides, Theodore <theodore.tsekerides@weil.com>
Sent: Tuesday, January 10, 2023 11:50 AM
To: Wolfe, Craig A. <craig.wolfe@morganlewis.com>
Subject: KServicing
[EXTERNAL EMAIL]
Craig, any update on the response to our letter? Thanks very much
Theodore E. Tsekerides
Partner
Weil, Gotshal & Manges LLP
4
Case 22-10951-CTG Doc 577-6 Filed 02/24/23 Page 6 of 6
212-310-8218 Office
516-398-0510 Mobile
The information contained in this email message is intended only for use of the individual
or entity named above. If the reader of this message is not the intended recipient, or the
employee or agent responsible to deliver it to the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us
by email, postmaster@weil.com, and destroy the original message. Thank you.
The information contained in this email message is intended only for use of the individual
or entity named above. If the reader of this message is not the intended recipient, or the
employee or agent responsible to deliver it to the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us
by email, postmaster@weil.com, and destroy the original message. Thank you.
The information contained in this email message is intended only for use of the individual
or entity named above. If the reader of this message is not the intended recipient, or the
employee or agent responsible to deliver it to the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us
by email, postmaster@weil.com, and destroy the original message. Thank you.
5
File and source
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- gov.uscourts.deb.188293.577.6.pdf
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- SHA-256
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- Original
- archive.org