HTML Document View

Full title: Notice of Agenda of Matters Scheduled for Telephonic Hearing. Filed by EHT US1, Inc.. Hearing scheduled for 8/12/2021 at 11:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, Delaware. (Dean, G.) (Entered: 08/10/2021)

Document posted on Aug 9, 2021 in the bankruptcy, 9 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

URBAN COMMONS QUEENSWAY, LLC dba : QUEEN MARY, a California limited liability : company, : Defendant. : --------------------------------------------------------------- xASAP INTERNATIONAL HOTEL, LLC, on behalf : of itself as former Manager of ASAP Cayman : Atlanta Hotel LLC and on behalf of the former : Adv.The Debtors in these chapter 11 cases, along with the last four digits of each debtor’s tax identification number, as applicable, are as follows: EHT US1, Inc.(6703); 5151 Wiley Post Way, Salt Lake City, LLC (1455); ASAP Cayman Atlanta Hotel LLC (2088); ASAP Cayman Denver Tech LLC (7531); ASAP Cayman Salt Lake City Hotel LLC (7546); ASAP Salt Lake City Hotel, LLC (7146); Atlanta Hotel Holdings, LLC (6450); CI Hospitality Investment, LLC (7641); Eagle Hospitality Real Estate Investment Trust (7734); Eagle Hospitality Trust S1 Pte.UCCONT1, LLC (0463); UCF 1, LLC (6406); UCRDH, LLC (2279); UCHIDH, LLC (6497); Urban Commons 4th Street A, LLC (1768); Urban Commons Anaheim HI, LLC (9915); Urban Commons Bayshore A, LLC (2422); Urban Commons Cordova A, LLC (4152); Urban Commons Danbury A, LLC (4388); Urban Commons Highway 111 A, LLC (4497); Urban Commons Queensway, LLC (6882); Urban Commons Riverside Blvd., A, LLC (4661); and USHIL Holdco Member, LLC (4796).(d) Reply in Support of Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (Filed August 9, 2021) (Docket No. 1017) (c) Debtors’ Reservation of Rights Regarding Motion of Official Committee of Unsecured Creditors for Order Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1 Directing Production of Documents By Urban Commons, LLC, Master Lessees, EHT Asset Management, LLC, Taylor Woods, Howard Wu, and Others (Filed July 22, 2021)

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE --------------------------------------------------------------- x: Chapter 11 In re: : EHT US1, Inc., et al., : Case No. 21-10036 (CSS) Debtors.1 : x(Jointly Administered) ---------------------------------------------------------------THE CITY OF LONG BEACH, a California Charter: City and municipal corporation, : Plaintiff, : Adv. Proc. No. 21-50316 (CSS) v. : URBAN COMMONS QUEENSWAY, LLC dba : QUEEN MARY, a California limited liability : company, : Defendant. : --------------------------------------------------------------- xASAP INTERNATIONAL HOTEL, LLC, on behalf : of itself as former Manager of ASAP Cayman : Atlanta Hotel LLC and on behalf of the former : Adv. Proc. No. 21-50457 (CSS) members of ASAP Cayman Atlanta Hotel LLC, : Plaintiffs, : v. : SKY HARBOR ATLANTA NORTHEAST, LLC, : Defendant. : --------------------------------------------------------------- xASAP PROPERTY HOLDINGS INC., : Plaintiff, : v. : Adv. Proc. No. 21-50458 (CSS) SKY HARBOR ATLANTA NORTHEAST, LLC, : Defendant. : --------------------------------------------------------------- x 1 The Debtors in these chapter 11 cases, along with the last four digits of each debtor’s tax identification number, as applicable, are as follows: EHT US1, Inc.(6703); 5151 Wiley Post Way, Salt Lake City, LLC (1455); ASAP Cayman Atlanta Hotel LLC (2088); ASAP Cayman Denver Tech LLC (7531); ASAP Cayman Salt Lake City Hotel LLC (7546); ASAP Salt Lake City Hotel, LLC (7146); Atlanta Hotel Holdings, LLC (6450); CI Hospitality Investment, LLC (7641); Eagle Hospitality Real Estate Investment Trust (7734); Eagle Hospitality Trust S1 Pte. Ltd. (7669); Eagle Hospitality Trust S2 Pte. Ltd. (7657); EHT Cayman Corp. Ltd. (7656); Sky Harbor Atlanta Northeast, LLC (6846); Sky Harbor Denver Holdco, LLC (6650); Sky Harbor Denver Tech Center, LLC (8303); UCCONT1, LLC (0463); UCF 1, LLC (6406); UCRDH, LLC (2279); UCHIDH, LLC (6497); Urban Commons 4th Street A, LLC (1768); Urban Commons Anaheim HI, LLC (9915); Urban Commons Bayshore A, LLC (2422); Urban Commons Cordova A, LLC (4152); Urban Commons Danbury A, LLC (4388); Urban Commons Highway 111 A, LLC (4497); Urban Commons Queensway, LLC (6882); Urban Commons Riverside Blvd., A, LLC (4661); and USHIL Holdco Member, LLC (4796). The Debtors’ mailing address is 3 Times Square, 9th Floor New York,

1

URBAN COMMONS QUEENSWAY, LLC, : Plaintiff, : v. : Adv. Proc. No. 21-50476 (CSS) EHT ASSET MANAGEMENT, LLC, TAYLOR : WOODS, AND HOWARD WU, : Defendants. : -----------------------------------------------------------------x-NOTICE OF AGENDA OF MATTER SCHEDULED FOR HEARING ON AUGUST 12, 2021 AT 11:00 A.M. (ET) BEFORE THE HONORABLE CHRISTOPHER S. SONTCHI2 THIS REMOTE HEARING WILL BE HELD BY VIDEO VIA ZOOM. THIS HEARING WILL NOT BE CONDUCTED VIA COURTCALL. BOTH VIDEO AND AUDIO WILL BE THROUGH ZOOM. ALL PARTIES MUST REGISTER THEIR ZOOM APPEARANCE BY NO LATER THAN NOON ON WEDNESDAY, AUGUST 11, 2021. Registration link: [https://debuscourts.zoomgov.com/meeting/register/vJItfuygpzooEsOyrhSuXsYrc8qdXiTd4wg]YOU MUST USE YOUR FULL NAME WHEN LOGGING INTO ZOOM OR YOU WILL NOT BE ALLOWED INTO THE MEETING. ORDER ENTERED 1. Debtors’ Motion for Entry of Order Under 28 U.S.C. § 1452 and Bankruptcy Rules 9006(b) and 9027 Extending Deadline By Which Debtors May Remove Civil Actions (Filed July 20, 2021) (Docket No. 945) Related Pleadings: (a) Certification of No Objection Regarding Debtors’ Motion for Entry of Order Under 28 U.S.C. § 1452 and Bankruptcy Rules 9006(b) and 9027 Extending Deadline By Which Debtors May Remove Civil Actions (Filed August 4, 2021) (Docket No. 1004) (b) Order Under 28 U.S.C. § 1452 and Bankruptcy Rules 9006(b) and 9027 Further Extending Deadline By Which Debtors May Remove Civil Actions (Entered August 5, 2021) (Docket No. 1006) Objection Deadline: August 3, 2021 at 4:00 p.m. (ET) Responses Received: None. Status: The Court entered an Order granting the Motion. This matter will not be going forward. 2 Any person who intends to question a witness must appear via zoom Meeting, https://debuscourts.zoomgov.com/meeting/register/vJItfuygpzooEsOyrhSuXsYrc8qdXiTd4wg, in accordance with the instructions set forth in the Additional Chambers Procedures Regarding Remote Hearings Before the Honorable

2

ADJOURNED MATTERS 2. Scott’s Sacramento Inc.’s Motion for Clarification Related to Sale Order [Dkt. No. 797] (Filed June 23, 2021) (Docket No. 883) Related Pleadings: (a) Declaration of Jamie P. Dreher in Support of Scott’s Sacramento Inc.’s Motion for Clarification (Filed June 27, 2021) (Docket No. 885) (b) Declaration of Alan Irvine in Support of Scott’s Sacramento Inc.’s Motion for Clarification (Filed June 27, 2021) (Docket No. 886) (c) Stipulation to Continue Hearing on Scott’s Sacramento Inc.’s Motion for Clarification Related to Sale Order and to Agree to Standstill (Filed June 27, 2021) (Docket No. 887) (d) Second Stipulation to Continue Hearing on Scott’s Sacramento Inc.’s Motion for Clarification Related to Sale Order and to Agree to Standstill (Filed August 2, 2021) (Docket No. 997) (the “Stipulation”) Objection Deadline: June 30, 2021 at 4:00 p.m. (ET) Pursuant to the Stipulation, the Buyer’s deadline to file a response was extended until seven (7) days before the hearing on the Motion. Responses Received: (a) Reservation of Rights by Monarch Alternative Capital LP Regarding Debtors’ Motion, Pursuant to Bankruptcy Rule 9019, for Order Approving Stipulation Between Debtors and Scott’s Sacramento Inc. (Filed August 4, 2021) (Docket No. 1003) Status: The parties have agreed to adjourn this matter to the September 24, 2021 hearing. This matter will not be going forward unless directed by the Court. 3. Pre-Trial Conference with respect to Complaint for Declaratory Relief filed by The City of Long Beach v. Urban Commons Queensway, LLC dba Queen Mary (Filed April 9, 2021) (Adv. Proc. No. 21-50316; Adv. Docket No. 1) Related Pleadings: (a) Summons and Notice of Pretrial Conference in an Adversary Proceeding (Filed April 13, 2021) (Adv. Docket No. 3) (b) First Amended Complaint for Declaratory Relief (Filed July 14, 2021) (Adv. Docket No. 13)

3

Response Deadline: May 13, 2021 at 4:00 p.m. (ET) Pursuant to the Order Approving Stipulation (Adv. Docket No. 15), the deadline to respond to the First Amended Complaint was extended to September 28, 2021, which deadline may be further extended by agreement of the parties. Responses Received: (b) Stipulation to Extend Time to Answer Complaint (Filed May 12, 2021) (Adv. Docket No. 4) (c) Second Stipulation to Extend Time to Answer Complaint (Filed May 25, 2021) (Adv. Docket No. 5) (d) Order Approving Third Stipulation Extending Time to Respond to Complaint and for Plaintiff to File an Amended Complaint (Entered June 10, 2021) (Adv. Docket No. 8) (e) Order Approving Stipulation (I) Extending Time to Respond to First Amended Complaint and (II) Setting Schedule for Third Party Discovery Pursuant to Civil Procedure Rule 26(d)(1) (Entered July 28, 2021) (Adv. Docket No. 15) Status: Pursuant to the Order Approving Stipulation (Adv. Docket No. 15), this matter is adjourned to the omnibus hearing, when scheduled, after the Defendant’s answer or response to the First Amended Complaint is filed. This matter will not be going forward. 4. Pre-Trial Conference with respect to Complaint for Declaratory Judgment filed by ASAP International Hotel, LLC v. Sky Harbor Atlanta Northeast, LLC (Filed May 14, 2021) (Adv. Proc. No. 21-50457; Adv. Docket No. 1) Related Pleadings: (a) Summons and Notice of Pretrial Conference in an Adversary Proceeding (Filed May 17, 2021) (Adv. Docket No. 3) Response Deadline: June 16, 2021 at 4:00 p.m. (ET) Pursuant to the Order Approving Stipulation (Adv. Docket No. 11), the deadline to respond to the Complaint was extended to September 13, 2021. Responses Received: (a) Stipulation to Extend Time to Answer Complaint (Filed June 7, 2021) (Adv. Docket No. 4) (b) Order Approving Stipulation for Extension of Time (Entered July 14, 2021) (Adv. Docket No. 8)

4

(c) Order Approving Stipulation to Extend Time to Answer Complaint (Entered August 5, 2021) (Adv. Docket No. 11) Status: Pursuant to the Order Approving Stipulation for Extension of Time (Adv. Docket No. 8), this matter is adjourned to the September 24, 2021 omnibus hearing. This matter will not be going forward. 5. Pre-Trial Conference with respect to Complaint for Declaratory Judgment filed by ASAP Property Holdings Inc. v. Sky Harbor Atlanta Northeast, LLC (Filed May 14, 2021) (Adv. Proc. No. 21-50458; Adv. Docket No. 1) Related Pleadings: (a) Summons and Notice of Pretrial Conference in an Adversary Proceeding (Filed May 17, 2021) (Adv. Docket No. 3) Response Deadline: June 16, 2021 at 4:00 p.m. (ET) Pursuant to the Order Approving Stipulation (Adv. Docket No. 12), the deadline to respond to the Complaint was extended to September 13, 2021. Responses Received: (a) Stipulation to Extend Time to Answer Complaint (Filed June 16, 2021) (Adv. Docket No. 4) (b) Order Approving Stipulation for Extension of Time (Entered July 14, 2021) (Adv. Docket No. 9) (c) Order Approving Stipulation to Extend Time to Answer Complaint (Entered August 5, 2021) (Adv. Docket No. 12) Status: Pursuant to the Order Approving Stipulation (Adv. Docket No. 9), this matter is adjourned to the September 24, 2021 omnibus hearing. This matter will not be going forward. MATTERS GOING FORWARD 6. Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, Its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (Filed July 2, 2021) (Docket No. 910) Objection Deadline: July 16, 2021 at 4:00 p.m. (ET) The Objection Deadline was extended through August 4, 2021 for the Debtors and the Official Committee of Unsecured Creditors.

5

Responses Received: (a) Notice of Objection of Taylor Woods, Howard Wu, Urban Commons, LLC, Its Affiliated Entities to Motion of Potter Anderson & Corroon LLP to Withdraw as Counsel (Document 910) (Filed July 19, 2021) (Docket No. 942) (b) Response of the Official Committee of Unsecured Creditors to Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (Filed August 3, 2021) (Docket No. 999) (c) Debtors’ Limited Response to Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (Filed August 4, 2021) (Docket No. 1002) (d) Reply in Support of Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (Filed August 9, 2021) (Docket No. 1017) Status: This matter will be going forward. 7. Motion of the Official Committee of Unsecured Creditors for an Order Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1 Directing the Production of Documents by Urban Commons, LLC, The Master Lessees, EHT Asset Management, LLC, Taylor Woods, Howard Wu, and Others (Filed July 14, 2021) (Docket No. 936)Related Pleadings: (a) Order Shortening the Notice Period with Respect to the Motion of the Official Committee of Unsecured Creditors for an Order Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1 Directing the Production of Documents by Urban Commons, LLC, The Master Lessees, EHT Asset Management, LLC, Taylor Woods, Howard Wu, and Others (Entered July 15, 2021) (Docket No. 939) (b) Notice of Hearing on Motion of the Official Committee of Unsecured Creditors for an Order Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1 Directing the Production of Documents By Urban Commons, LLC, The Master Lessees, EHT Asset Management, LLC, Taylor Woods, Howard Wu, and Others (Filed July 15, 2021) (Docket No. 940) (c) Motion of the Official Committee of Unsecured Creditors for Leave to File and Serve a Late Reply in Response to Objection of Howard Wu, and Taylor Woods, and Certain of Their Affiliated Entities to Committee’s

6

Motion Pursuant to Bankruptcy Rule 2004 and the Reservation of Rights Filed By Bank of America N.A. and the Debtors (Filed July 23, 2021) (Docket No. 955) (d) Order Granting Motion of the Official Committee of Unsecured Creditors for Leave to File and Serve a Late Reply in Response to Objection of Howard Wu, and Taylor Woods, and Certain of Their Affiliated Entities to Committee’s Motion Pursuant to Bankruptcy Rule 2004 and the Reservation of Rights Filed By Bank of America N.A. and the Debtors (Entered July 26, 2021) (Docket No. 958) Objection Deadline: July 22, 2021 at 4:00 p.m. (ET) Responses Received: (a) Objection of Howard Wu, and Taylor Woods, and Certain of Their Affiliated Entities to Committee’s Motion Pursuant to Bankruptcy Rule 2004 (Filed July 21, 2021) (Docket No. 946) (b) Bank of America, N.A.’s Reservation of Rights Regarding the Motion of the Official Committee of Unsecured Creditors for an Order Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1 Directing the Production of Documents By Urban Commons, LLC, the Master Lessees, EHT Asset Management, LLC, Taylor Woods, Howard Wu, and Others (Filed July 22, 2021) (Docket No. 949) (c) Debtors’ Reservation of Rights Regarding Motion of Official Committee of Unsecured Creditors for Order Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004-1 Directing Production of Documents By Urban Commons, LLC, Master Lessees, EHT Asset Management, LLC, Taylor Woods, Howard Wu, and Others (Filed July 22, 2021) (Docket No. 950) Status: Pursuant to the Court’s prior ruling, this matter was continued from the July 26, 2021 hearing. This matter will be going forward. 8. Debtors’ Motion, Pursuant to Bankruptcy Rule 9019, for Order Approving Stipulation Between Debtors and Scott’s Sacramento Inc. (Filed July 21, 2021) (Docket No. 947) Objection Deadline: August 4, 2021 at 4:00 p.m. (ET) Responses Received: (a) Reservation of Rights by Monarch Alternative Capital LP Regarding Debtors’ Motion, Pursuant to Bankruptcy Rule 9019, for Order Approving Stipulation Between Debtors and Scott’s Sacramento Inc. (Filed August 4, 2021) (Docket No. 1003)

7

(b) Debtors’ Limited Reply in Further Support of Motion, Pursuant to Bankruptcy Rule 9019, for Order Approving Stipulation Between Debtors and Scott’s Sacramento Inc. (Filed August 9, 2021) (Docket No. 1018) Status: This matter will be going forward. 9. Motion to Extend the Time to Respond to Plaintiff Urban Commons Queensway, LLC’s Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 (Filed July 12, 2021) (Adv. Proc. No. 21-50476; Adv. Docket No. 46) Related Pleadings: (a) Plaintiff Urban Commons Queensway, LLC's Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 (Filed June 28, 2021) (Adv. Docket No. 37) (b) Order (I) Establishing Expedited Briefing Schedule and (II) Scheduling Expedited Hearing With Respect to Plaintiff’s Cross-Motion for Preliminary Injunctive Relief and Defendants Motion to Extend Time to Respond to Summary Judgment Motion (Entered July 19, 2021) (Adv. Docket No. 52) (c) Interim Order Granting Motion to Extend the Time to Respond to Plaintiff Urban Commons Queensway, LLC’s Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 (Entered July 27, 2021) (Adv. Docket No. 60) (the “Interim Order”) Objection Deadline: July 26, 2021 at 4:00 p.m. (ET) Responses Received: (a) Memorandum of Law in Opposition to Defendants’ Motion to Extend the Time to Respond to Plaintiff Urban Commons Queensway, LLC’s Motion for Summary Judgment and Renewed Cross-Motion for Preliminary Injunctive Relief (Filed July 15, 2021) (Adv. Docket No. 48) (b) Declaration of Will Clark Farmer in Support of Plaintiff's Memorandum of Law in Opposition to Defendants’ Motion to Extend the Time to Respond to Plaintiff Urban Commons Queensway, LLC’s Motion for Summary Judgment and Renewed Cross-Motion for Preliminary Injunctive Relief (Filed July 15, 2021) (Adv. Docket No. 49) Status: Pursuant to the Interim Order, this matter will be going forward as a final hearing.

8

Dated: August 10, 2021 COLE SCHOTZ P.C. Wilmington, Delaware /s/ G. David Dean Seth Van Aalten (admitted pro hac vice) G. David Dean (No. 6403) Justin R. Alberto (No. 5126) 500 Delaware Avenue, Suite 1410 Wilmington, Delaware 19801 Telephone: (302) 652-3131 Facsimile: (302) 574-2103 Email: svanaalten@coleschotz.com ddean@coleschotz.com jalberto@coleschotz.com - and - PAUL HASTINGS LLP Luc A. Despins, Esq. (admitted pro hac vice) G. Alexander Bongartz, Esq. (admitted pro hac vice) 200 Park Avenue New York, New York 10166 Telephone: (212) 318-6000 Facsimile: (212) 319-4090 Email: lucdespins@paulhastings.com alexbongartz@paulhastings.com Counsel to Debtors and Debtors in Possession

9