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Full title: Stipulation, Agreement, and Proposed Order Approving Mary Ann Pala's Motion to Modify Stay to Permit Continuation of a State Court Litigation filed by Creditor MARY ANN PALA (related document # 934) Entered on 6/18/2021. (Tello, Chris)

Document posted on Jun 17, 2021 in the bankruptcy, 6 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

The Debtors in these Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Studio Movie Grill Holdings, LLC (6546) (“SMG Holdings”); OHAM Holdings, LLC (0966); Movie Grill Trademark Holdings, LLC (3096); Movie Grill Concepts I Ltd. (6645); Movie Grill Concepts III, Ltd. (2793); Movie Grill Concepts IV, Ltd. (1454); Movie Grill Concepts IX, LLC (3736); Movie Grill Concepts VI, Ltd. (6895); Movie Grill Concepts VII, LLC (2291); Movie Grill Concepts, X, LLC (6906); Movie Grill Concepts XI, LLC (2837); Movie Grill Concepts XII, LLC (6040); Movie Grill Concepts XIII, LLC (5299); Movie Grill Concepts XIV, LLC (4709); Movie Grill Concepts XIX, LLC (9646); Movie Grill Concepts XL, LLC (4454); Movie Grill Concepts XLI, LLC (4264); Movie Grill Concepts XLII, LLC (2309): Movie Grill Concepts XLIII, LLC (9721); Movie Grill Concepts XLIV, LLC (8783); Movie Grill Concepts XLV, LLC (2570); Movie Grill Concepts XV, LLC (4939); Movie Grill Concepts XVI, LLC (1033); Movie Grill Concepts XVII, LLC (1733): Movie Grill Concepts XVIII, LLC (8322); Movie Grill Concepts XX, LLC (7300); Movie Grill Concepts XXI, LLC (1508); Movie Grill Concepts XXII, LLC (6748); Movie Grill Concepts XXIV, LLC (5114); Movie Grill Concepts XXIX, LLC (5857); Movie Grill Concepts XXV, LLC (4985); Movie Grill Concepts XXVI, LLC (5233); Movie Grill Concepts XXVII, LLC (4427); Movie Grill Concepts XXVIII, LLC (1554); Movie Grill Concepts XXX, LLC (1431); Movie Grill Concepts XXXI, LLC (3223): Movie Grill Concepts XXXII, LLC (0196); Movie Grill Concepts XXXIII, LLC (1505); Movie Grill Concepts XXXIV, LLC (9770); Movie Grill Concepts XXXIX, LLC (3605); Movie Grill Concepts XXXV, LLC (0571); Movie Grill Concepts XXXVI, LLC (6927); Movie Grill Concepts XXXVII, LLC (6401); Movie Grill Concepts XXXVIII, LLC (9657); Movie Grill Concepts XXIII, LLC (7893); Studio Club, LLC (3023); Studio Club IV, LLC (9440); Studio Club XI, LLC (2837); Movie Grill Concepts XLI, LLC (4624); Movie Grill Concepts XLVI, LLC (2344); Movie Grill Concepts XLVII, LLC (5866); Movie Grill Concepts XLVIII, LLC (8601); Movie Grill Concepts XLIX, LLC (0537); Movie Grill Concepts L, LLC (5940); Movie Grill Concepts LI, LLC (7754); Movie Grill Concepts, LII, LLC (8624); Movie Grill Concepts LIII, LLC (3066); Movie Grill Concepts LIV, LLC (2018); Movie Grill Concepts LV, LLV (4699); Movie Grill Partners 3, LLC (4200); Movie Grill Partners 4, LLC (1363); Movie Grill Concepts 6, LLC (3334); and MGC ManagementThis stipulation, agreement, and order (the “Stipulation and Order”) is entered into by and among Studio Movie Grill Holdings, LLC and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors” or the “SMG”) and Mary Ann Pala, individually, (“Pala”).In May 2020, Movie Grill Concepts XXX, LLC d/b/a Studio Movie Grill was served with a copy of the Summons and a Complaint, instituting that certain state court

List of Tables

Document Contents

The following constitutes the ruling of the court and has the force and effect therein described. igned June 17, 2021 _____________________________________________________________________ IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In re: § § CHAPTER 11 STUDIO MOVIE GRILL HOLDINGS, LLC, § CASE NO. 20-32633 et al. 1 § Debtors. § (Jointly Administered) § 1 The Debtors in these Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Studio Movie Grill Holdings, LLC (6546) (“SMG Holdings”); OHAM Holdings, LLC (0966); Movie Grill Trademark Holdings, LLC (3096); Movie Grill Concepts I Ltd. (6645); Movie Grill Concepts III, Ltd. (2793); Movie Grill Concepts IV, Ltd. (1454); Movie Grill Concepts IX, LLC (3736); Movie Grill Concepts VI, Ltd. (6895); Movie Grill Concepts VII, LLC (2291); Movie Grill Concepts, X, LLC (6906); Movie Grill Concepts XI, LLC (2837); Movie Grill Concepts XII, LLC (6040); Movie Grill Concepts XIII, LLC (5299); Movie Grill Concepts XIV, LLC (4709); Movie Grill Concepts XIX, LLC (9646); Movie Grill Concepts XL, LLC (4454); Movie Grill Concepts XLI, LLC (4264); Movie Grill Concepts XLII, LLC (2309): Movie Grill Concepts XLIII, LLC (9721); Movie Grill Concepts XLIV, LLC (8783); Movie Grill Concepts XLV, LLC (2570); Movie Grill Concepts XV, LLC (4939); Movie Grill Concepts XVI, LLC (1033); Movie Grill Concepts XVII, LLC (1733): Movie Grill Concepts XVIII, LLC (8322); Movie Grill Concepts XX, LLC (7300); Movie Grill Concepts XXI, LLC (1508); Movie Grill Concepts XXII, LLC (6748); Movie Grill Concepts XXIV, LLC (5114); Movie Grill Concepts XXIX, LLC (5857); Movie Grill Concepts XXV, LLC (4985); Movie Grill Concepts XXVI, LLC (5233); Movie Grill Concepts XXVII, LLC (4427); Movie Grill Concepts XXVIII, LLC (1554); Movie Grill Concepts XXX, LLC (1431); Movie Grill Concepts XXXI, LLC (3223): Movie Grill Concepts XXXII, LLC (0196); Movie Grill Concepts XXXIII, LLC (1505); Movie Grill Concepts XXXIV, LLC (9770); Movie Grill Concepts XXXIX, LLC (3605); Movie Grill Concepts XXXV, LLC (0571); Movie Grill Concepts XXXVI, LLC (6927); Movie Grill Concepts XXXVII, LLC (6401); Movie Grill Concepts XXXVIII, LLC (9657); Movie Grill Concepts XXIII, LLC (7893); Studio Club, LLC (3023); Studio Club IV, LLC (9440); Studio Club XI, LLC (2837); Movie Grill Concepts XLI, LLC (4624); Movie Grill Concepts XLVI, LLC (2344); Movie Grill Concepts XLVII, LLC (5866); Movie Grill Concepts XLVIII, LLC (8601); Movie Grill Concepts XLIX, LLC (0537); Movie Grill Concepts L, LLC (5940); Movie Grill Concepts LI, LLC (7754); Movie Grill Concepts, LII, LLC (8624); Movie Grill Concepts LIII, LLC (3066); Movie Grill Concepts LIV, LLC (2018); Movie Grill Concepts LV, LLV (4699); Movie Grill Partners 3, LLC (4200); Movie Grill Partners 4, LLC (1363); Movie Grill Concepts 6, LLC (3334); and MGC Management I, LLC (3224).

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§ MARY ANN PALA, § Movant, § v. § § STUDIO MOVIE GRILL HOLDINGS, LLC, § et al. § § Respondent. § § STIPULATION, AGREEMENT, AND PROPOSED ORDER APPROVING MARY ANN PALA’S MOTION TO MODIFY STAY TO PERMIT CONTINUATION OF A STATE COURT LITIGATION This stipulation, agreement, and order (the “Stipulation and Order”) is entered into by and among Studio Movie Grill Holdings, LLC and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors” or the “SMG”) and Mary Ann Pala, individually, (“Pala”). The Debtors and Pala are collectively referred to in this Stipulation and Order as the “Parties” and each as a “Party.” The Parties hereby stipulate and agree as follows: RECITALS A. On October 23, 2020 (the “Petition Date”), the Debtors filed voluntary petitions for relief under chapter 11 of Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”). B. In May 2020, Movie Grill Concepts XXX, LLC d/b/a Studio Movie Grill was served with a copy of the Summons and a Complaint, instituting that certain state court action styled Pala v. Movie Grill Concepts XXX, LLC d/b/a Studio Movie Grill, in the Ninth Judicial Circuit in Osceola County Florida (the “State Court”), Case No. 2020 CA 001234 ON (the State Court Action”), attached hereto as Exhibit A. The State Court Action is related to personal injuries

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suffered by Ms. Pala on January 15, 2020, at the Debtor’s business located on 3204 Margaritaville Blvd., Kissimmee, Florida 34747. Ms. Pala seeks relief from the automatic stay to pursue her claims against the Debtor limited to the applicable insurance proceeds only. C. The Parties, on the terms and subject to the conditions set forth herein, have reached an agreement so as to allow the prosecution of the State Court Claim against named debtor in that suit (the “Party Debtor”) to settlement or judgment and to collect any settlement or judgment obtained solely from non-debtor third-parties and insurance proceeds of the Debtors’ insurer that are not part of the estate, if any. STIPULATION & AGREEMENT 1. This Stipulation and Order shall have no force or effect unless and until it is approved by the Bankruptcy Court. 2. Modification of the Automatic Stay. Upon the approval of this Stipulation and Order by the Court, the automatic stay pursuant to Bankruptcy Code section 362 shall be modified solely to the extent of permitting Pala to (a) prosecute to settlement or judgment the State Court Claim, and any subsequent appeals or writs of review taken by any of the parties thereto, solely for the purposes of determining the liability and damages, if any, of the Debtors and (b) collect any such settlement or judgment solely from the proceeds of the Debtors’ insurance policy proceeds that are payable to non-debtor third-parties and, thus, not property of the Debtors’ estate, if any, the full extent of any such judgment or settlement as may be available under such policy. 3. Waiver of Claims Against Estates. Pala hereby waives and relinquishes any claims that she ever had, now has, or hereafter can, shall, or may have against the assets or properties of the Debtors’ estates, without prejudice to her recovery, if any, from Debtors’ insurer by way of

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compromise and settlement or judgment or otherwise, provided that such recovery is not made form the Debtors’ assets or properties and would not result in any costs to the Debtors. 4. Scope of Stay Relief. Except to the extent expressly set forth in Paragraph 2 hereof, the provisions of Bankruptcy Code Section 362, including without limitation those provisions prohibiting execution, enforcement, or collection of any judgment that may be obtained against the Debtors and against any assets or properties of the Debtors’ estates (as defined in Section 541 of the Bankruptcy Code), shall remain in full force and effect, and neither Pala nor any of her agents, attorneys, or representatives shall take any action or attempt to cause any action to be taken to collect all or any portion of any such judgment from the assets or properties of the Debtors’ estates, without prejudice to her recovery, if any, from the Debtors’ insurer by way of compromise and settlement or judgment or otherwise, provide that such recovery is not made from the assets or properties of the Debtors and would not result in any costs to the Debtors. Nothing contained herein shall constitute or operate as a waiver or modification of the automatic stay so as to permit the prosecution against any of the Debtors of any claims by any person or entity other than Pala with respect to the State Court Claim. 5. Waiver of Bankruptcy Rule 4001(a)(3) stay. Parties have agreed that Federal Rule of Bankruptcy Procedure 4001(a)(3) staying an order granting a motion for relief from the automatic stay should be waived. 6. Authority. Each person or entity that executes this Stipulation and Order on behalf of a Party hereto represents that he or she is duly authorized to execute this Stipulation on behalf of such Party. 7. Execution. This Stipulation and Order may be executed simultaneously in one or more counterparts, and by different parties hereto in separate counterparts, and with facsimile or

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email signatures being deemed originals, each of which when executed shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 8. Benefit. This Stipulation and Order and all of the provisions hereof shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns. 9. Amendment. This Stipulation and Order may not be modified, altered, amended, or vacated in any way except by a writing signed by all Parties hereto. 10. Governing Law. This Stipulation and Order shall be governed by, and construed in accordance with, the laws of the State of Texas, except to the extent that the Bankruptcy Code applies, without regard to principles of conflicts of law that would require the application of laws of another jurisdiction. The Bankruptcy Court shall retain exclusive jurisdiction to resolve any dispute or controversies arising from this Stipulation and Order. STIPULATED AND AGREED, /s/ Jeffrey M. Veteto Jeffery M. Veteto Texas Bar No. 24098548 Frank J. Wright Texas Bar No. 22028800 Jay A. Ferguson Texas Bar No. 24094648 LAW OFFICES OF FRANK J. WRIGHT, PLLC 2323 Ross Avenue, Suite 730 Dallas, Texas 75201 Telephone: (214) 935-9100 COUNSEL TO DEBTORS AND DEBTORS-IN-POSSESSION Justin M. Luna, Esq. Florida Bar No. 0037131 jluna@lathamluna.com LATHAM, LUNA , EDEN & BEAUDINE, LLP 111 N. Magnolia Ave., Suite 1400 P. O. Box 3353 (Orlando, FL 32802-3353) Orlando, Florida 32802-3353 Telephone: 407-481-5800

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Facsimile: 407-481-5801 Secondary e-mail: bknotice1@lathamluna.com -and- /s/ Jeffrey R. Fine Jeffrey R. Fine TX State Bar No. 07008410 Alexandria R. Rahn (Admission Pending) TX State Bar No. 24110246 DYKEMA GOSSETT PLLC Comerica Bank Tower, 1717 Main Street, Suite 4200 Dallas, Texas 75201 Telephone: (214) 462-6400 Facsimile: (214) 462-6401 JFine@dykema.com ARahn@dykema.com ATTORNEYS FOR CREDITOR MARY ANN PALA ### END OF ORDER ###

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