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Full title: Motion to Designate Chris Kamon to Appear or Act on Behalf of the Debtor and Compel Attendance at the § 341(a) Meeting of Creditors Pursuant to Federal Rule of Bankruptcy Procedure 9001(5) with Proof of Service Filed by Trustee Elissa Miller (TR) (Evanston, Timothy) (Entered: 03/18/2021)

Document posted on Mar 17, 2021 in the bankruptcy, 11 pages and 0 tables.

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Bankruptcy Rule 9013-1(o)] 19 20 21 22 23 24 25 26 27 1 TO THE HONORABLE BARRY RUSSELL, UNITED STATES BANKRUPTCY JUDGE: 2 Elissa D. Miller, the chapter 7 trustee (the "Trustee") for the bankruptcy estate of 3 Girardi Keese (the "Debtor"), submits this Motion to Designate Chris Kamon to Appear o 4 Act on Behalf of the Debtor and Compel Attendance at the § 341(a) Meeting of Creditors 5 Pursuant to Federal of Bankruptcy Procedure 9001(5)At the initial § 341(a) meeting on February 19, 2021, no person M 5‐ osta  4 44 16 appeared on behalf of the Debtor, and to date, the Debtor has not filed its bankruptcy C 1 7 el   T 17 schedules or statement of financial affairs.1 As the Debtor's former Chief Financial 20 Officer, Mr. Kamon is presumed to have useful knowledge about the Debtor's affairs and21 was a person in control of the Debtor while it was operating.Given the representations as to Mr. Girardi's competency raised in the Motion to 9 Appoint Guardian Ad Litem, and subsequent appointment of a temporary conservator for10 Mr. Girardi, it is unlikely that Mr. Girardi will appear at the continued § 341(a) meeting on11 behalf of the Debtor.Based on Kamon's position as Chief Financial Officer and trustee of the Debtor's 22 401(k) plan (as of the petition date), his preparation of checks, and his discussions with 23 insolvency professionals and potential lenders on the Debtor's behalf, Kamon has 24 knowledge of the Debtor's business operations and finances.

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1 SMILEY WANG-EKVALL, LLP Lei Lei Wang Ekvall, State Bar No. 163047 2 lekvall@swelawfirm.com Philip E. Strok, State Bar No. 169296 3 pstrok@swelawfirm.com Timothy W. Evanston, State Bar No. 319342 4 tevanston@swelawfirm.com 3200 Park Center Drive, Suite 250 5 Costa Mesa, California 92626 Telephone: 714 445-1000 6 Facsimile: 714 445-1002 7 Attorneys for Elissa D. Miller, Chapter 7 Trustee 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 LOS ANGELES DIVISION 11 In re Case No. 2:20-bk-21022-BR 2 0 12 0 92626  4 445‐1 13 GIRARDI KEESE, Chapter 7 alifornia  •  Fax 71 14 Debtor. MKAOMTIOONN TTOO ADPEPSEIGANRA OTRE ACCHTR IOSN a, C 00   BEHALF OF THE DEBTOR AND es 10 15 COMPEL ATTENDANCE AT THE osta M 4 445‐ 16 §PU3R41S(Ua)A MNETE TTOIN FGE DOEFR CARLE RDUITLOER OSFC 1 7 el   BANKRUPTCY PROCEDURE 9001(5) T 17 [No hearing required pursuant to Local 18 Bankruptcy Rule 9013-1(o)] 19 20 21 22 23 24 25 26 27

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1 TO THE HONORABLE BARRY RUSSELL, UNITED STATES BANKRUPTCY JUDGE: 2 Elissa D. Miller, the chapter 7 trustee (the "Trustee") for the bankruptcy estate of 3 Girardi Keese (the "Debtor"), submits this Motion to Designate Chris Kamon to Appear o 4 Act on Behalf of the Debtor and Compel Attendance at the § 341(a) Meeting of Creditors 5 Pursuant to Federal of Bankruptcy Procedure 9001(5) (the "Motion"). In support of the 6 Motion, the Trustee submits the following memorandum of points and authorities and the7 attached declaration of Elissa D. Miller. 8 9 I. INTRODUCTION 10 The Court should designate Chris Kamon, the former Chief Financial Officer of th11 Debtor, to act and appear on behalf of the Debtor. Pursuant to Federal Rule of 2  0 12 Bankruptcy Procedure ("FRBP") 9001(5), when a debtor is a non-natural person and the 0 92626  4 445‐1 13 Bankruptcy Code and/or FRBP require a debtor to perform an act or attend an alifornia  •  Fax 71 14 examination, the Court may designate a person in control of the debtor to act on the a, C 00   es 10 15 debtor's behalf. At the initial § 341(a) meeting on February 19, 2021, no person M 5‐ osta  4 44 16 appeared on behalf of the Debtor, and to date, the Debtor has not filed its bankruptcy C 1 7 el   T 17 schedules or statement of financial affairs.1 The Trustee is continuing to investigate the 18 Debtor's finances and business operations and needs information to prepare accurate 19 schedules and the statement of financial affairs. As the Debtor's former Chief Financial 20 Officer, Mr. Kamon is presumed to have useful knowledge about the Debtor's affairs and21 was a person in control of the Debtor while it was operating. Thus, it is appropriate to 22 designate Chris Kamon under FRBP 9001(5) to allow the Trustee and creditors to have 23 24 25 1 On February 5, 2021, the Trustee filed a Motion for Order: (1) Extending and/or Establishing Deadlinto File Schedules and Statement of Financial Affairs; and (2) Authorizing Chapter 7 Trustee to Prepare an26 File Schedules and Statement of Financial Affairs Pursuant to Federal Rule of Bankruptcy Procedure 1007(k) [Docket No. 164] due to the Debtor's failure to timely file its schedules and statement of financial 27 affairs. On February 24, 2021, the Court entered an order granting the Trustee's motion and authorizing the Trustee to file schedules and a statement of financial affairs on behalf of the Debtor.

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1 access to personnel with knowledge of the Debtor's finances and operations. 2 Accordingly, the Court should grant the Motion.2 3 4 II. BACKGROUND 5 The Debtor was a plaintiff's law firm representing clients in the areas of personal 6 injury, defective products, sexual abuse, toxic torts, business law, employment law, and 7 aviation law. While the Debtor was operating, Chris Kamon served as the Debtor's Chief 8 Financial Officer, and in such capacity, he is presumed to have knowledge of the 9 Debtor's financial affairs. Among other things, Kamon oversaw the accounting 10 department, prepared checks on behalf of the Debtor, including client trust account 11 checks, and engaged in discussions with insolvency advisors and potential lenders last 2  0 12 year on behalf of the lender. As of the petition date, Kamon also served as the trustee fo0 92626  4 445‐1 13 the Debtor's 401(k) plan.3 See Declaration of Elissa D. Miller. alifornia  •  Fax 71 14 A. The Debtor's Bankruptcy Case a, C 00   es 10 15 On December 18, 2020, petitioning creditors Jill O'Callahan, as successor in M 5‐ osta  4 44 16 interest to James O'Callahan, Robert M. Keese, John Abassian, Erika Saldana, Virginia C 1 7 el   T 17 Antonio, and Kimberly Archie (collectively, the "Petitioning Creditors") filed an involuntary18 chapter 7 bankruptcy petition against the Debtor.4 19 On December 24, 2020, the Petitioning Creditors filed a Motion for Appointment o20 Interim Trustee Pursuant to 11 U.S.C. § 303(g) [Docket No. 12]. The Court entered an 21 order granting the motion on January 5, 2021 [Docket No. 45]. On January 6, 2021, the 22 Trustee was appointed as the interim trustee [Docket No. 50]. 23 24 2 The Trustee's request to designate Chris Kamon is without prejudice to designate another person 25 under FRBP 9001(5) if necessary. 26 3 TD Ameritrade is terminating Kamon as trustee in accordance with this Court's order entered on March 11, 2021 [Docket No. 259]. 27 4 The Petitioning Creditors also filed an involuntary bankruptcy case against Thomas Girardi, which is currently pending as Bankruptcy Case No. 2:20-bk-21020-BR.

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1 On January 13, 2021, Robert Girardi filed a Motion for Order: 1. Appointing 2 Robert Girardi as Debtor's Guardian Ad Litem; and 2. Extension of Time to File 3 Responsive Pleading [Docket No. 67] ("Motion to Appoint Guardian Ad Litem"). In his 4 Motion to Appoint Guardian Ad Litem, Robert Girardi asserted that Thomas Girardi, the 5 former managing partner of the Debtor, was no longer competent. Robert Girardi filed a 6 nearly identical motion in Thomas Girardi's individual case. On February 2, 2021, Jason 7 Rund, the chapter 7 trustee for the bankruptcy estate of Thomas Girardi, filed a 8 Statement Regarding Motion for Order Appointing Robert Girardi as Guardian Ad Litem 9 [Docket No. 90] in Thomas Girardi's individual case, indicating that the probate court 10 entered a minute order on January 19, 2021 appointing Robert Girardi as the temporary 11 conservator for Thomas Girardi. 2  0 12 On January 13, 2021, the Court entered an Order Directing: (1) The Clerk of Cour0 92626  4 445‐1 13 to Immediately Enter an Order for Relief under Chapter 7; (2) The United States Trustee alifornia  •  Fax 71 14 to Immediately Appoint a Chapter 7 Trustee; (3) The Debtor to File All Schedules and a, C 00   es 10 15 Related Documentation for Chapter 7 Case within Fourteen Days of the Entry of this M 5‐ osta  4 44 16 Order; and (4) Vacating February 16, 2021 Status Conference [Docket No. 68]. On C 1 7 el   T 17 January 13, 2021, the Clerk of Court entered an order for relief against the Debtor 18 [Docket No. 69], and the Trustee was appointed and accepted her appointment in the 19 Debtor's case [Docket No. 70]. 20 B. The Debtor's 341(a) Meeting of Creditors 21 On January 14, 2021, the Court issued a notice that the Debtor's first meeting of 22 creditors under 11 U.S.C. § 341(a) would be held on February 19, 2021 [Docket No. 73]. 23 On February 19, 2021, the Debtor's first meeting of creditors under 11 U.S.C. § 341(a) 24 was held. No person appeared on behalf of the Debtor. Accordingly, the Trustee 25 continued the § 341(a) meeting to May 18, 2021 at 9:00 a.m. See Declaration of Elissa 26 D. Miller. 27

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1 III. MEMORANDUM OF POINTS AND AUTHORITIES 2 A. The Court Can Designate Chris Kamon to Act or Appear on Behalf of 3 the Debtor and Compel Attendance At the Meeting of Creditors Under 4 FRBP 9001(5) 5 Section 343 of the Bankruptcy Code provides the following: 6 The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any 7 indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor. The United States trustee may administer 8 the oath required under this section. 9 See 11 U.S.C. § 343. 10 Under FRBP 9001(5), "[w]hen any act is required by these rules to be performed 11 by a debtor or when it is necessary to compel attendance of a debtor for examination an2  0 12 the debtor is not natural person…if the debtor is a partnership, 'debtor' includes any or al0 92626  4 445‐1 13 of its general partners or, if designated by the court, any other person in control." See alifornia  •  Fax 71 14 FRBP 9001(5)(B) (emphasis added). a, C 00   es 10 15 "Rule 9001 cases [sic] a very wide net as to who can act on behalf of a debtor, M 5‐ osta  4 44 16 especially when considering the non-exhaustive use of any other person in control." In rC 1 7 el   T 17 Cambridge Analytica, LLC, 596 B.R. 1 (Bankr. S.D.N.Y. 2019), citing In re Divine Ripe, 18 LLC, 554 B.R. 395, 403 (Bankr. S.D. Tex. 2016). Courts are authorized to designate 19 more than one person to appear on behalf of the debtor. See 10 Collier on Bankruptcy 20 ¶ 9001.06 (Alan N. Resnick & Henry J. Sommer eds., 16th ed. 2013) ("If the debtor is no21 a natural person but is…a partnership…the court may appoint one or more persons to 22 perform the duties imposed upon the debtor by these and other rules."). Moreover, unde23 the Bankruptcy Code's rules of construction, singular words like "person" include the 24 plural. See 11 U.S.C. § 102(7). 25 The court has discretion to designate a party under FRBP 9001(5) in order to 26 assure creditors that the person designated is most likely to be knowledgeable about the27 debtor. See In re Muy Bueno, 257 B.R. 843, 848-49 (Bankr. W.D. Tex. 2001). In makin

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1 corporation (or lack of formal title) to make a determination if a party is in control of a 2 corporation based on the party's duties and responsibilities vis-a-vis the Debtor." In re 3 Northwest Associates, Inc., 245 B.R. 183, (Bankr. E.D.N.Y. 1999). Finally, a party is not 4 required to have had day-to-day control over the debtor in order to be designated under 5 FRBP 9001(5). See In re Red River Energy, Inc., 409 B.R. 163, 183 (Bankr. S.D. Tex. 6 2009). 7 At the 341(a) hearing on February 19, 2021, no party appeared on behalf of the 8 Debtor. Given the representations as to Mr. Girardi's competency raised in the Motion to 9 Appoint Guardian Ad Litem, and subsequent appointment of a temporary conservator for10 Mr. Girardi, it is unlikely that Mr. Girardi will appear at the continued § 341(a) meeting on11 behalf of the Debtor. 2  0 12 Chris Kamon is an appropriate party to designate to appear and act on behalf of 0 92626  4 445‐1 13 the Debtor under FRBP 9001(5).5 Kamon was the Chief Financial Officer of the Debtor alifornia  •  Fax 71 14 while the Debtor was still operating and oversaw the accounting department and is a, C 00   es 10 15 presumed to have knowledge of the Debtor's financial affairs and operations. Moreover, M 5‐ osta  4 44 16 in 2020, before the involuntary petition was filed against the Debtor, Kamon participated C 1 7 el   T 17 in discussions with insolvency advisors and potential lenders on behalf of the Debtor. In 18 addition, Kamon's job responsibilities included preparation of checks on behalf of the 19 Debtor, including client trust account checks. Kamon is also a trustee for the Debtor's 20 401(k) plan. See Declaration of Elissa D. Miller. 21 Based on Kamon's position as Chief Financial Officer and trustee of the Debtor's 22 401(k) plan (as of the petition date), his preparation of checks, and his discussions with 23 insolvency professionals and potential lenders on the Debtor's behalf, Kamon has 24 knowledge of the Debtor's business operations and finances. In short, Kamon is a 25 "person in control" whose testimony may be useful to the Trustee and creditors. Kamon'26 testimony may also assist the Trustee in preparing accurate schedules and a statement 27 5 The Trustee reserves all rights to request that the Court designate additional parties under FRBP 9001(5) to appear and act on behalf of the Debtor as more evidence and information is discovered.

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1 of financial affairs on the Debtor's behalf. For these reasons, the Court should designate 2 Kamon to appear or act on behalf of the Debtor pursuant to FRBP 9001(5). 3 4 IV. CONCLUSION 5 For the foregoing reasons, the Trustee requests that the Court enter an order: 6 1. Granting the Motion; 7 2. Designating Chris Kamon to appear and act on behalf of the Debtor 8 pursuant to Federal Rule of Bankruptcy Procedure 9001(5); 9 3. Compelling Chris Kamon to appear at the Debtor's § 341(a) meetings; and 10 4. For such other relief as is deemed just and proper. 11 2  0 12 DATED: March 18, 2021 SMILEY WANG-EKVALL, LLP 0 a, California 92626  00  •  Fax 714 445‐1 1134 By: /s/ Timothy W. Evanston es 10 15 TIMOTHY W. EVANSTON Costa M 14 445‐ 16 ATrtutosrtneeey s for Elissa D. Miller, Chapter 7 7 el   T 17 18 19 20 21 22 23 24 25 26 27

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1 DECLARATION OF ELISSA D. MILLER 2 I, Elissa D. Miller, declare as follows: 3 1. I am the duly appointed chapter 7 trustee for the bankruptcy estate of 4 Girardi Keese. I am also a partner at SulmeyerKupetz. I know each of the following fact5 to be true of my own personal knowledge, except as otherwise stated and, if called as a 6 witness, I could and would competently testify with respect thereto. I make this 7 declaration in support of the Motion to Designate Chris Kamon to Appear or Act on Beha8 of the Debtor and Compel Attendance at the § 341(a) Meeting of Creditors Pursuant to 9 Federal of Bankruptcy Procedure 9001(5) (the "Motion"). Unless otherwise defined in 10 this declaration, all terms defined in the Motion are incorporated herein by this reference. 11 2. On February 19, 2021, I conducted the Debtor's first meeting of creditors 2  0 12 under 11 U.S.C. § 341(a). No person appeared on behalf of the Debtor at this meeting. 0 92626  4 445‐1 13 Thus, I continued the § 341(a) meeting to May 18, 2021 at 9:00 a.m. alifornia  •  Fax 71 14 3. In my investigation of the Debtor's finances and operations, including a, C 00   es 10 15 meetings with individuals who worked with the Debtor, I have learned that Chris Kamon M 5‐ osta  4 44 16 served as the Chief Financial Officer of the Debtor. I am also informed that Mr. Kamon'sC 1 7 el   T 17 job responsibilities included preparing checks on behalf of the Debtor, including client 18 trust account checks, and that he oversaw the accounting department. 19 4. In addition, I have been informed that in 2020, the Debtor engaged in 20 discussions with insolvency advisors and potential lenders and that Mr. Kamon 21 participated in these discussions with insolvency professionals and potential lenders. In 22 addition, Mr. Kamon is a trustee for the Debtor's 401(k) plan, although I am advised by 23 TD Ameritrade that they are now terminating him as the trustee in accordance with this 24 Court's order entered on March 11, 2021 [Docket No. 259]. 25 / / / 26 / / / 27 / / /

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1 I declare under penalty of perjury under the laws of the United States of America 2 that the foregoing is true and correct to the best of my knowledge. 3 Executed on this ___ day of March, 2021, at _________________, California. 4 5 Elissa D. Miller 6 7 8 9 10 11 2 00 12 92626 4 445-1 13 alifornia • Fax 71 14 a, C00 es10 15 M5- osta 4 44 16 C71 el T 17 18 19 20 21 22 23 24 25 26 27

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PROOF OF SERVICE OF DOCUMENT am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is 3200 ark Center Drive, Suite 250, Costa Mesa, CA 92626. true and correct copy of the foregoing document entitled (specify): MOTION TO DESIGNATE CHRIS KAMON TO APPEAR OR CT ON BEHALF OF THE DEBTOR AND COMPEL ATTENDANCE AT THE § 341(a) MEETING OF CREDITORS PURSUANT TO EDERAL RULE OF BANKRUPTCY PROCEDURE 9001(5) will be served or was served (a) on the judge in chambers in the fornd manner required by LBR 5005-2(d); and (b) in the manner stated below: .TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling Generalrders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)arch 18, 2021 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that thllowing persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached pag . SERVED BY UNITED STATES MAIL: n (date) March 18, 2021 , I served the following persons and/or entities at the last known addresses in this bankruptcase or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,rst class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to thedge will be completed no later than 24 hours after the document is filed. he Honorable Barry Russell Christopher Kamon .S. Bankruptcy Court 4030 Admirable Dr. oybal Federal Building Rancho Palos Verdes, CA 90275-6030 55 E. Temple Street, Suite 1660 os Angeles, CA 90012 Service information continued on attached pag .SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state methodr each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) ________ , I served thellowing persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing touch service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declarationat personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document isled. Service information continued on attached pag declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. March 18, 2021 Gabriela Gomez-Cruz /s/ Gabriela Gomez-Cruz Date PrintedName Signature

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ADDITIONAL SERVICE INFORMATION (if needed): . SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”)  Kyra E Andrassy kandrassy@swelawfirm.com, lgarrett@swelawfirm.com;gcruz@swelawfirm.com;jchung@swelawfirm.com  Rafey Balabanian , docket@edelson.com  Michelle Balady mb@bedfordlg.com, leo@bedfordlg.com  Richard D Buckley richard.buckley@arentfox.com  Marie E Christiansen mchristiansen@vedderprice.com, ecfladocket@vedderprice.com,marie-christiansen-4166@ecf.pacerpro.com  Jennifer Witherell Crastz jcrastz@hrhlaw.com  Ashleigh A Danker Ashleigh.danker@dinsmore.com, SDCMLFiles@DINSMORE.COM;Katrice.ortiz@dinsmore.com  Clifford S Davidson csdavidson@swlaw.com, jlanglois@swlaw.com;cliff-davidson-7586@ecf.pacerpro.com  Lei Lei Wang Ekvall lekvall@swelawfirm.com, lgarrett@swelawfirm.com;gcruz@swelawfirm.com;jchung@swelawfirm.com  Richard W Esterkin richard.esterkin@morganlewis.com  Timothy W Evanston tevanston@swelawfirm.com, gcruz@swelawfirm.com;lgarrett@swelawfirm.com;jchung@swelawfirm.com  James J Finsten , jimfinsten@hotmail.com  Alan W Forsley alan.forsley@flpllp.com, awf@fkllawfirm.com,awf@fl-lawyers.net,addy.flores@flpllp.com,laura.rucker@flpllp.com  Eric D Goldberg eric.goldberg@dlapiper.com, eric-goldberg-1103@ecf.pacerpro.com  Andrew Goodman agoodman@andyglaw.com, Goodman.AndrewR102467@notify.bestcase.com  Suzanne C Grandt suzanne.grandt@calbar.ca.gov, joan.randolph@calbar.ca.gov  Steven T Gubner sgubner@bg.law, ecf@bg.law  Marshall J Hogan mhogan@swlaw.com, knestuk@swlaw.com  Razmig Izakelian razmigizakelian@quinnemanuel.com  Lewis R Landau Lew@Landaunet.com  Daniel A Lev dlev@sulmeyerlaw.com, ccaldwell@sulmeyerlaw.com;dlev@ecf.inforuptcy.com  Peter J Mastan peter.mastan@dinsmore.com, SDCMLFiles@dinsmore.com;Katrice.ortiz@dinsmore.com  Edith R Matthai ematthai@romalaw.com  Kenneth Miller kmiller@pmcos.com, efilings@pmcos.com  Elissa Miller (TR) CA71@ecfcbis.com, MillerTrustee@Sulmeyerlaw.com;C124@ecfcbis.com;ccaldwell@sulmeyerlaw.com  Eric A Mitnick MitnickLaw@aol.com, mitnicklaw@gmail.com  Scott H Olson solson@vedderprice.com, scott-olson- 2161@ecf.pacerpro.com,ecfsfdocket@vedderprice.com,nortega@vedderprice.com  Leonard Pena lpena@penalaw.com, penasomaecf@gmail.com;penalr72746@notify.bestcase.com  Michael J Quinn mquinn@vedderprice.com, ecfladocket@vedderprice.com,michael-quinn-2870@ecf.pacerpro.com  Ronald N Richards ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com  Philip E Strok pstrok@swelawfirm.com, gcruz@swelawfirm.com;1garrett@swelawfirm.com;jchung@swelawfirm.com  Boris Treyzon jfinnerty@actslaw.com, sgonzales@actslaw.com  United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov  Eric D Winston ericwinston@quinnemanuel.com  Christopher K.S. Wong christopher.wong@arentfox.com, yvonne.li@arentfox.com  Timothy J Yoo tjy@lnbyb.com

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