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Full title: Motion for expedited hearing(related documents 677 Motion for examination) Filed by D&D Cabling Solutions, Ready Construction Services, LLC (Attachments: # 1 Proposed Order) (Kane, John)

Document posted on Feb 23, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

As further detailed in the 2004 Motion, Movants seek to obtain information concerning the actions of the Debtors to assess whether they have viable causes of action against the Debtors, including construction trust fund claims under Chapter 162 of the Texas Property Code.Movants have reviewed, among other things, various lease documents and construction contracts entered by the Debtors surrounding the construction and maintenance of the Debtors' Chisholm Trail and other locations.After preliminary investigations, Movants have found that Debtor Movie Grill Concepts XLIV, LLC ("MGC44") was entitled via its Lease Agreement with SEC CTR & MCP, LP to a Construction Allowance of up to $8 million for the construction of the Chisholm Trail location in Fort Worth, Texas.Hearing this matter on an expedited basis is in the best interest of creditors and may uncover assets that would lead to increased recovery for parties engaged in the construction and maintenance of the Debtors' Chisholm Trail and other locations.By this Motion to Expedite, Movants request that the 2004 Motion be set for hearing on March 5, 2021, at 1:30 p.m., which is ten days after the 2004 Motion was filed, so as to provide time for the Debtors to produce documents and answer written discovery in advance of the Plan confirmation hearing currently set for March 16, 2021.

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John J. Kane State Bar No. 24066794 S. Kyle Woodard State Bar No. 24102661 R. Hale Neilson State Bar No. 24116820 Kane Russell Coleman Logan PC 901 Main St., Suite 5200 Dallas, Texas 75202 Tel: (214) 777-4200 COUNSEL TO READY CONSTRUCTION SERVICES, LLC AND D&D CABLING SOLUTIONS IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION § IN RE § Chapter 11 § STUDIO MOVIE GRILL HOLDINGS, § Case No. 20-32633-SGJ LLC, et al., § § Debtors. § (Jointly Administered) § ______________________________________________________________________________ MOTION FOR EXPEDITED HEARING ON MOTION FOR ORDER DIRECTING PRODUCTION OF DOCUMENTS AND ANSWERS TO WRITTEN DISCOVERY PURSUANT TO FED. R. BANKR. P. 2004 [RELATES TO DOCKET NO. 677] ______________________________________________________________________________ Ready Construction Services, LLC ("RCS") and D&D Cabling Solutions ("D&D") (together, the "Movants") respectfully submit this Motion for Expedited Hearing on Rule 2004 Motion (the "Request"), seeking expedited consideration of Movants' Motion for Order Directing Production of Documents and Answers to Written Discovery Pursuant to Fed. R. Bankr. P. 2004 (the "2004 Motion") filed contemporaneously herewith. In support of this Request, Movants state as follows: JURISDICTION & VENUE 1. This Court has jurisdiction to consider this Motion pursuant to 28 U.S.C. § 1334. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2).

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2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. BACKGROUND 3. As further detailed in the 2004 Motion, Movants seek to obtain information concerning the actions of the Debtors to assess whether they have viable causes of action against the Debtors, including construction trust fund claims under Chapter 162 of the Texas Property Code. However, as provided in Article VIII, ¶ A of the Debtors' Amended Joint Plan of Reorganization (the "Plan"), as of the effective date, the Plan will be in complete satisfaction, discharge, and release of causes of action of any nature whatsoever. While Movants question whether Debtors can discharge trust fund claims given trust funds are not part of the Debtors' estates, Movants desire to resolve the issue promptly. Doing so may require Movants to promptly assert claims against the Debtors before forever being barred from doing so and, as a result, time is of the essence with respect to the 2004 Motion. 4. Movants have reviewed, among other things, various lease documents and construction contracts entered by the Debtors surrounding the construction and maintenance of the Debtors' Chisholm Trail and other locations. After preliminary investigations, Movants have found that Debtor Movie Grill Concepts XLIV, LLC ("MGC44") was entitled via its Lease Agreement with SEC CTR & MCP, LP to a Construction Allowance of up to $8 million for the construction of the Chisholm Trail location in Fort Worth, Texas. Despite its entitlement to the Construction Allowance, MGC44 fell behind on aggregate payments due to RCS and D&D of greater than $1,000,000. Meanwhile, across multiple projects, the Debtors failed to pay D&D in excess of $220,000. Movants have determined that in order to assess the viability of certain causes of action against the Debtors, they need additional information from the Debtors. Moreover, the information provided may conclusively prove that certain funds in Debtors' accounts are trust funds, and so must be excluded from any Plan obligations and paid to their rightful owners.

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5. To determine whether to move forward, Movants seek to obtain documents and written answers pertaining to the foregoing, as further detailed in the 2004 Motion. MOTION TO EXPEDITE 6. By way of their 2004 Motion, Movants seek an order compelling the Debtors to produce documents and answer requests for written discovery. Because time is of the essence, Movants request that the Court hear the 2004 Motion on an expedited basis. Hearing this matter on an expedited basis is in the best interest of creditors and may uncover assets that would lead to increased recovery for parties engaged in the construction and maintenance of the Debtors' Chisholm Trail and other locations. 7. An expedited hearing is unlikely to prejudice the Debtors in any way. By this Motion to Expedite, Movants request that the 2004 Motion be set for hearing on March 5, 2021, at 1:30 p.m., which is ten days after the 2004 Motion was filed, so as to provide time for the Debtors to produce documents and answer written discovery in advance of the Plan confirmation hearing currently set for March 16, 2021. Movants do not expect the hearing to last more than one hour. Movants further request that the Court shorten the deadline for filing responses to the 2004 Motion and that such deadline be set for 5:00 p.m. on March 3, 2021, two days prior to the requested hearing. WHEREFORE, Movants respectfully requests that the Court enter an order (a) setting the 2004 Motion for hearing on March 5, 2021, at 1:30 p.m., (b) setting a deadline of March 3, 2021, at 5:00 p.m. for the filing of responses or objections to the 2004 Motion, and (c) granting Movants such other and further relief to which they may be justly entitled. DATED: February 24, 2021 Respectfully submitted,

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KANE RUSSELL COLEMAN LOGAN PC By: /s/ John J. Kane John J. Kane State Bar No. 24066794 S. Kyle Woodard State Bar No. 24102661 R. Hale Neilson State Bar No. 24116820 Bank of America Plaza 901 Main Street, Suite 5200 Dallas, Texas 75202 Telephone: (214) 777-4200 Telecopier: (214) 777-4299 E-mail: jkane@krcl.com E-Mail: kwoodard@krcl.com E-mail: hneilson@krcl.com COUNSEL TO READY CONSTRUCTION SERVICES, LLC; AND D&D CABLING SOLUTIONS CERTIFICATE OF SERVICE I hereby certify that (a) a true and correct copy of the foregoing document was served via the Court's electronic filing system (ECF) upon all parties receiving such service in this bankruptcy case on the date and time filed, and by email to counsel for the Debtors, Goldman Sachs, and the Office of the United States Trustee. /s/John J. Kane John J. Kane CERTIFICATE OF CONFERENCE I hereby certify that on February 23, 2021, I provided counsel to the Debtors, Frank Wright and Jeff Veteto, with an electronic copy of this Motion and the 2004 Motion and asked whether the Debtors' opposed the motions. As of 2:15 pm on February 24, 2021, I still have not received a response and so assume the Debtors oppose this Motion and the 2004 Motion. /s/ John J. Kane John J. Kane