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Full title: Order (Agreed) (I) Appointing Mediator, (II) Referring Certain Matters to Mediation, (III) Scheduling Certain Matters, and (IV) Granting Related Relief (related document(s)983) Order Signed on 6/22/2021. (Mml) (Entered: 06/22/2021)

Document posted on Jun 21, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Subject to the provisions set forth herein, pursuant to Rule 9019-5 of the Local Rules of Bankruptcy Practice and Procedure of the United States Court for the District of Delaware (the “Local Rules”), effective immediately upon entry of this Order, this matter is referred to mediation (the “Mediation”) and the Honorable Notwithstanding the Local Rules, the Mediator may conduct the Mediation as the Mediator sees fit, establish the rules governing the Mediation, and consider and take appropriate action with respect to any matters the Mediator deems appropriate in order to conduct the Mediation, subject to the terms of this Order.The Mediation proceedings shall be subject to the confidentiality provisions governing mediation as set forth in Local Rule 9019-5(d); provided, however, that nothing herein shall alter, modify or otherwise prejudice or impair any of the Parties’ rights under any pre-existing confidentiality agreements or protective orders, all of which shall remain in full force and effect.No written record or transcript of any discussion had in the course of the Mediation is to be kept, absent express written agreement by the Parties; provided that the Mediator shall be entitled to keep such records and take such notes as the Mediator deems necessary or helpful to carry out his duties; provided, further, that any such records and notes be subject to the confidentiality provisions governing mediation as set forth in Local Rule 9019-5(d).P. 26(a)(1), made applicable to this adversary proceeding by Bankruptcy Rule 7026(a)(1), no later than twenty-one (21) days following the date the Mediator files the Mediation Memorandum (such date, the “Termination Date”).

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 KLAUSNER LUMBER ONE LLC, Case Nos. 20-11033 (KBO) Debtor.1 (Jointly Administered) In re: Chapter 11 KLAUSNER LUMBER TWO LLC, Case Nos. 20-11518 (KBO) Debtor.2 (Jointly Administered) AGREED ORDER (I) APPOINTING MEDIATOR, (II) REFERRING CERTAIN MATTERS TO MEDIATION, (III) SCHEDULING CERTAIN MATTERS, AND (IV) GRANTING RELATED RELIEF This matter is before the Court upon the agreement of the above-captioned Debtors, Klausner Lumber Two LLC (“KL2”) and Klausner Lumber One LLC (“KL1,” and together with KL2, the “Debtors”), together with the Claimant Deloitte Financial Advisory GMBH (“Deloitte”, and together with Debtors, the “Parties”) regarding the scheduling of deadlines for the orderly resolution of the Objection of Debtor Klausner Lumber Two LLC to the Proof of Claim Filed by Deloitte Financial Advisory GMBH [DE 750] and the Objection of Debtor Klausner Lumber One LLC to the Proof of Claim Filed by Deloitte Financial Advisory GMBH [DE 884] (the “Objections”). The Court having reviewed the record and being otherwise sufficiently advised, IT IS HEREBY ORDERED that: MEDIATION 1 The last four digits of the Debtor's federal tax identification number are 9109. The Debtor’s mailing address is Klausner Lumber One LLC, P.O. Box 878 Middleburg, VA 20118. 2 The last four digits of the Debtor’s EIN are 4897. The Debtor’s mailing address is P.O. Box C, Redding Ridge, CT 06876.

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1. Subject to the provisions set forth herein, pursuant to Rule 9019-5 of the Local Rules of Bankruptcy Practice and Procedure of the United States Court for the District of Delaware (the “Local Rules”), effective immediately upon entry of this Order, this matter is referred to mediation (the “Mediation”) and the Honorable Kevin Gross (Ret.) is hereby appointed as mediator (the “Mediator”) to conduct non-binding mediation concerning the Objections and all issues between and among the Parties in the above-captioned chapter 11 case (“Mediation Issues”). 2. The following Parties and their counsel agree to participate in the Mediation: (a) KL1 and its official committee of unsecured creditors; (b) KL2 and its official committee of unsecured creditors; (c) Deloitte; and (d) Scharpenack GMBH (“Scharpenack”).3 For the avoidance of doubt, (x) each of the Parties shall participate in the Mediation with at least one (1) principal or other individual designee who is empowered with full authority to settle the Mediation, in full or in part, and thereby bind the Party for whom such designee acts, and (y) the Parties may invite other estate representatives and their counsel to participate in the Mediation. 3. Notwithstanding the Local Rules, the Mediator may conduct the Mediation as the Mediator sees fit, establish the rules governing the Mediation, and consider and take appropriate action with respect to any matters the Mediator deems appropriate in order to conduct the Mediation, subject to the terms of this Order. For the avoidance of doubt, the parties’ share of the costs and fees of the Mediator shall be split as follows: (a) 25% to KL1; (b) 25% to KL2; (c) 25% to Scharpenack; and (d) 25% to Deloitte. KL1 and KL2 shall each pay its respective portion of the cost and fees of the Mediator as an administrative expense of its estate. 3 For the avoidance of doubt, the Mediation shall address certain additional contested matters between KL1, KL2, Scharpenack, and Deloitte, as applicable. The mediation and scheduling process for each such contested matter to be addressed by the Mediation will be governed by substantially similar agreed orders.

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4. Each Party will be expected to submit to the Mediator a separate written statement (a “Mediation Statement”) setting forth the respective Party’s views on the Mediation Issues, with the rules and procedures governing Mediation Statements to be determined by the Mediator upon his engagement. Mediation Statements shall not be shared with or disclosed to the other Parties, any non-Party, or the Bankruptcy Court. 5. The Mediation conference(s) shall occur electronically via Zoom or other videoconference service as agreed by the Parties and the Mediator and, if necessary and agreed upon by the Parties, at a subsequent date agreed upon by the Parties and the Mediator. 6. The Parties and their respective counsel shall participate in the Mediation in good faith and comply with all directions issued by the Mediator. 7. At the conclusion of the Mediation, the Mediator shall file with the Bankruptcy Court a memorandum (the “Mediation Memorandum”) stating (a) that the Mediator has conducted the Mediation, (b) the names of counsel and principals who participated in the Mediation, (c) an identification of any Party that the Mediator believes not to have acted in good faith during or in connection with the Mediation, and (d) whether and to what extent the Mediation was successful. The Mediator also may present a written settlement recommendation memorandum to counsel for each Party, but not to the Bankruptcy Court, pursuant to Local Rule 9019-5(e). 8. The Mediation proceedings shall be subject to the confidentiality provisions governing mediation as set forth in Local Rule 9019-5(d); provided, however, that nothing herein shall alter, modify or otherwise prejudice or impair any of the Parties’ rights under any pre-existing confidentiality agreements or protective orders, all of which shall remain in full force and effect.

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9. No written record or transcript of any discussion had in the course of the Mediation is to be kept, absent express written agreement by the Parties; provided that the Mediator shall be entitled to keep such records and take such notes as the Mediator deems necessary or helpful to carry out his duties; provided, further, that any such records and notes be subject to the confidentiality provisions governing mediation as set forth in Local Rule 9019-5(d). SCHEDULING 10. To the extent the Mediation does not fully resolve the disputes between the Parties, the Parties agree to the following schedule regarding the Objections. 11. Rule 7026(a)(1) Initial Disclosures. Unless otherwise agreed to by the Parties, the Parties shall provide the initial disclosures under Fed. R. Civ. P. 26(a)(1), made applicable to this adversary proceeding by Bankruptcy Rule 7026(a)(1), no later than twenty-one (21) days following the date the Mediator files the Mediation Memorandum (such date, the “Termination Date”). 12. Joinder of Other Parties and Amendment of Pleadings. Any deadline for filing a motion to join other parties and/or to amend or supplement the pleadings is extended as of June 16, 2021, and such motion shall be filed on or before the date that is 56 days following the Termination Date. 13. Discovery. a. Fact Discovery Cut-Off. All fact discovery shall be completed on or before the date that is 133 days following the Termination Date. b. Expert Discovery. Deloitte shall serve any expert disclosures and reports on or before the date that is 140 days following the Termination Date. The Debtors shall serve any

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expert disclosures and reports on or before the date that is 168 days following the Termination Date. All reports shall provide the information required by Fed. R. Civ. P. 26(a)(2)(B). The Parties may elect to provide rebuttal expert reports. Any such reports must be served on or before the date that is 182 days following the Termination Date. All expert discovery shall be completed on or before the date that is 196 days following the Termination Date. 14. Dispositive Motions. All dispositive motions shall be filed and served no later than the date that is 217 days following the Termination Date and shall comply with Rule 7007-1 of the Local Rules of the United States Bankruptcy Court for the District of Delaware. 15. Debtor Reply. The Debtors shall file any replies in support of the Objections within the time period for the filing of dispositive motions. 16. Within seven (7) days of the Court’s ruling on any dispositive motions, the Parties shall jointly contact the undersigned’s chambers to request a date for a pretrial conference and a date for trial. The Parties shall comply with Rule 7016-2 of the Local Rules of the United States Bankruptcy Court for the District of Delaware in connection with the pretrial conference. 17. The Parties are authorized to take all action necessary to effectuate the relief granted in this Order. 18. This Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, or enforcement of this Order. Dated: June 22nd, 2021 KAREN B. OWENS Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE

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