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Notice (2024-08-15)

Date
2024-08-15

Summary

A notice of appearance and request for service filed August 15, 2024 as Doc 386 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. Under Rule 9010 of the Federal Rules of Bankruptcy Procedure, Gary D. Bressler of McElroy, Deutsch, Mulvaney & Carpenter, LLP appears for Hartford Fire Insurance Company and Hartford Insurance Company of the Midwest. Citing Rules 2002(g), 2002(i) and 9007, the notice asks that all notices and papers in the case and any related adversary proceeding be served on counsel. It states that the notice does not waive Hartford Insurance's rights, including jury trial and de novo review in non-core matters, and is not an agreement to accept service of initial process. The notice is two pages.

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Full text

                 Case 24-11217-BLS             Doc 386        Filed 08/15/24        Page 1 of 2


                        IN THE UNITED STATES BANKRUPTCY COURT
                             FOR THE DISTRICT OF DELAWARE

In re:                                                     Chapter 11

VYAIRE MEDICAL, INC., et al., 1                            Case No. 24-11217 (BLS)

                                              Debtors. (Jointly Administered)

                 NOTICE OF APPEARANCE AND REQUEST FOR SERVICE

         PLEASE TAKE NOTICE that pursuant to Rule 9010 of the Federal Rules of Bankruptcy

Procedure, the undersigned, Gary D. Bressler, Esquire, of McElroy, Deutsch, Mulvaney &

Carpenter, LLP, appears for Hartford Fire Insurance Company and Hartford Insurance Company

of the Midwest (collectively, “Hartford Insurance”), and, pursuant to Rules 2002(g), 2002(i), and

9007, requests, unless otherwise directed by the Court, that all notices that are required to be

given in this case or in any related adversary proceeding, and all papers that are required to be

served in this case be given to and served upon the undersigned, at the offices, telephone and

facsimile number set forth below:

                                           Gary D. Bressler, Esq.
                                       McElroy, Deutsch, Mulvaney
                                            & Carpenter, LLP
                                     300 Delaware Avenue, Suite 1014
                                          Wilmington, DE 19801
                                 (T): (302) 300-4515; (F): (302) 654-4031
                                         gbressler@mdmc-law.com

         PLEASE TAKE FURTHER NOTICE that request is hereby also made for service of

copies of all papers, including but not limited to reports, pleadings, motions, applications or

petitions, schedules, plans, disclosure statements (or any drafts, thereof), and answering reply



1
 The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list of
each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
obtained     on    the    website     of    the    Debtors’      proposed      claims   and     noticing  agent at
https://omniagentsolutions.com/Vyaire. The location of Debtor Vyaire Medical, Inc.’s principal place of business
and the Debtors’ service address in these chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois
60045.
               Case 24-11217-BLS           Doc 386      Filed 08/15/24      Page 2 of 2


papers filed in the above-captioned case or any related adversary proceeding by mailing one

copy of each, unless otherwise directed by the Court to the above address.

        PLEASE TAKE FURTHER NOTICE that Hartford Insurance does not intend this Notice

of Appearance and Request for Notices and Service of Papers, nor any subsequent appearance,

pleading, claim, or suit, to waive any rights to which it may be entitled including, but not limited

to: (i) its right to have final orders in non-core matters entered only after de novo review by a

District Judge; (ii) its right to trial by jury in any proceeding related to this case; (iii) its right to

have the District Court withdraw the reference in any matter subsequent to mandatory or

discretionary withdrawal; or (iv) any rights, claims, actions, defenses, setoffs, or recoupments to

which it may be entitled under agreements, in law or in equity, all of which rights, claims,

actions, defenses, setoffs, and recoupments it expressly reserves.

        PLEASE TAKE FURTHER NOTICE that this Notice of Appearance and Request for

Notices and Service of Papers does not constitute an agreement to accept services of initial

process under Rule 4, Fed. R. Civ. P., or Rule 7004, Fed. R. Bankr. P., nor shall it result in

undersigned counsel being deemed to be the agent of Hartford Insurance for such purpose.



                                                McELROY, DEUTSCH, MULVANEY
                                                & CARPENTER, LLP

Dated: August 15, 2024                          /s/ Gary D. Bressler
                                                Gary D. Bressler, Esq. (No. 5544)
                                                300 Delaware Avenue, Suite 1014
                                                Wilmington, DE 19801
                                                Telephone: 302-300-4515
                                                Facsimile: 302-654-4031
                                                E-mail: gbressler@mdmc-law.com
                                                Attorneys for Hartford Fire Insurance Company
                                                and Hartford Insurance Company of the Midwest




                                                2


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gov.uscourts.deb.193283.386.0.pdf
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