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Full title: Motion to Extend [Fourth] the Period Within Which the Debtor May Remove Actions Pursuant to 28 U.S.C. § 1452 Filed by Suitable Technologies, Inc.. Hearing scheduled for 3/29/2021 at 10:30 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware. Objections due by 3/5/2021. (Attachments: # 1 Notice # 2 Exhibit A) (Feldman, Betsy) (Entered: 02/19/2021)

Document posted on Feb 18, 2021 in the bankruptcy, 8 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

WITHIN WHICH THE DEBTOR MAY REMOVE ACTIONS PURSUANT TO 28 U.S.C. § 1452 Suitable Technologies, Inc., the debtor and debtor in possession in the above-captioned chapter 11 case (the “Debtor”), hereby moves the Court (this “Motion”) for the entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), pursuant to Rules 9006 and 9027 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), further extending the period within which the Debtor may remove actions pursuant to 28 U.S.C. § 1452 from the current deadline of February 22, 2021 through and including May 24, 2021. Pursuant to Rule 9013-1(f) of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), the Debtor consents to the Court’s entry of a final judgment or order with respect to the Motion if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.On February 26, 2020 (the “Petition Date”), the Debtor commenced a voluntary case (the “Chapter 11 Case”) under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq.By this Motion, the Debtor requests that the Court enter the Proposed Order, further extending the period within which the Debtor may remove actions and related proceedings, by approximately 90 days, through and including May 24, 2021, without prejudice 3 [a] party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 SUITABLE TECHNOLOGIES, INC.,1 Case No. 20-10432 (MFW) Debtor. Hearing Date: March 29, 2021 at 10:30 a.m. (ET) Objection Deadline: March 5, 2021 at 4:00 p.m. (ET) DEBTOR’S FOURTH MOTION FOR AN ORDER, PURSUANT TO BANKRUPTCY RULES 9006 AND 9027, EXTENDING THE PERIOD WITHIN WHICH THE DEBTOR MAY REMOVE ACTIONS PURSUANT TO 28 U.S.C. § 1452 Suitable Technologies, Inc., the debtor and debtor in possession in the above-captioned chapter 11 case (the “Debtor”), hereby moves the Court (this “Motion”) for the entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), pursuant to Rules 9006 and 9027 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), further extending the period within which the Debtor may remove actions pursuant to 28 U.S.C. § 1452 from the current deadline of February 22, 2021 through and including May 24, 2021. In support of this Motion, the Debtor respectfully states as follows: JURISDICTION AND VENUE 1. The Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. §§ 157 and 1334, and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated as of February 29, 2012 (the “Amended Standing Order”). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 1 The last four digits of the Debtor’s United States federal tax identification number are 7816. The Debtor’s mailing address is 921 East Charleston Road, Palo Alto, CA 94303.

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2. Pursuant to Rule 9013-1(f) of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), the Debtor consents to the Court’s entry of a final judgment or order with respect to the Motion if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. 3. The statutory and legal predicates for the relief requested herein are Bankruptcy Rules 9006 and 9027. BACKGROUND A. General Background 4. On February 26, 2020 (the “Petition Date”), the Debtor commenced a voluntary case (the “Chapter 11 Case”) under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”). Pursuant to sections 1107(a) and 1108 of the Bankruptcy Code, the Debtor is continuing to manage its financial affairs as a debtor in possession. No official committees have been appointed in the Chapter 11 Case, and no request has been made for the appointment of a trustee or examiner. 5. As set forth in the Declaration of Charles C. Reardon in Support of the Debtor’s Chapter 11 Petition and First Day Pleadings [Docket No. 7] (the “First Day Declaration”),2 the Debtor commenced the Chapter 11 Case to continue the process of winding down its business affairs and to conduct a sale process (the “Sale Process”) for substantially all of its assets pursuant to section 363 of the Bankruptcy Code. On April 20, 2020, the Court entered an order [Docket No. 110] (the “Bidding Procedures Order”) establishing, among other things, certain bidding and auction procedures in connection with the Sale Process. In 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the First Day Declaration.

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accordance with the Bidding Procedures Order, the Debtor, in consultation with its professional advisors, conducted a thorough marketing and auction process for its assets. At the conclusion of the auction, the Debtor designated Blue Ocean Robotics ApS and Magicheart Investments LLC as the successful bidders for the assets contemplated to be purchased pursuant to their respective asset purchase agreements. On August 20, 2020, the Court entered orders [Docket Nos. 225 and 226] (the “Sale Orders”) approving such sales (the “Sales”). The Sales closed on August 21, 2020. 6. Additional information regarding the Debtor’s business, capital structure, and the circumstances leading to the commencement of this Chapter 11 Case is set forth in the First Day Declaration. B. The Prior Extension Requests 7. On November 20, 2020, the Debtor filed a motion [Docket No. 306] (the “Third Extension Motion”) to further extend the deadline to remove actions pursuant to 28 U.S.C. § 1452 (the “Removal Deadline”).3 On December 8, 2020, the Court entered an order [Docket No. 316] granting the Third Extension Motion and extending the Removal Deadline through and including February 22, 2021 (the “Current Removal Deadline”), without prejudice to the Debtor’s rights to seek further extensions of the Removal Deadline. RELIEF REQUESTED 8. By this Motion, the Debtor requests that the Court enter the Proposed Order, further extending the period within which the Debtor may remove actions and related proceedings, by approximately 90 days, through and including May 24, 2021, without prejudice 3 The Third Extension Motion and the prior motions [Docket No. 147 & 227] seeking extension of the Removal Deadline are collectively referred to herein as the “Prior Extension Motions.”

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to the rights of the Debtor and its estate to seek further extensions of the time within which to remove actions and related proceedings.4 BASIS FOR RELIEF 9. Bankruptcy Rule 9027 and 28 U.S.C. § 1452 govern the removal of pending civil actions. Specifically, section 1452(a) provides that: [a] party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. 28 U.S.C. § 1452(a). Bankruptcy Rule 9027(a)(2) further provides, in pertinent part that: [i]f the claim or cause of action in a civil action is pending when a case under the [Bankruptcy] Code is commenced, a notice of removal may be filed in the bankruptcy court only within the longest of (A) 90 days after the order for relief in the case under the Code, (B) 30 days after entry of an order terminating a stay, if the claim or cause of action in a civil action has been stayed under § 362 of the Code, or (C) 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief. Fed. R. Bankr. P. 9027(a)(2). 10. Bankruptcy Rule 9006(b) provides that the Court may extend unexpired time periods, such as the Debtor’s removal period, without notice: [W]hen an act is required or allowed to be done at or within a specified period by [the Bankruptcy Rules] or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion … with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order. 4 Pursuant to Local Rule 9006-2, the filing of this Motion prior to the expiration of the Current Removal Deadline shall automatically extend the Current Removal Deadline until the Court acts on this Motion without the necessity for entry of a bridge order.

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Id. at 9006(b)(1). Accordingly, the Court is authorized to grant the relief requested herein. See Raff v. Gordon, 58 B.R. 988, 991 (Bankr. E.D. Pa. 1986) (stating that the period in which to file a motion to remove may be expanded pursuant to Bankruptcy Rule 9006); Jandous Elec. Constr. Corp. v. City of New York (In re Jandous Elec. Constr. Corp.), 106 B.R. 48, 50 (Bankr. S.D.N.Y. 1989) (same); see also Doan v. Loomis (In re Fort Dodge Creamery Co.), 117 B.R. 438, 442-43 (Bankr. N.D. Iowa 1990) (implying that the time period in which a removal motion may be filed may be extended pursuant to Bankruptcy Rule 9006); In re Boyer, 108 B.R. 19, 26 (Bankr. N.D.N.Y. 1988) (same). 11. The Debtor is a party to at least one action currently pending in another court (together with any other actions to which the Debtor might be a party, the “Actions”), and believes that it is prudent to seek an extension of the time established by Bankruptcy Rule 9027 to protect the rights of the Debtor and its estate to remove these Actions. 12. The Debtor submits that extending the Current Removal Deadline is essential and in the best interests of the Debtor, its estate, and its creditors. As discussed in the Prior Extension Motions, since the Petition Date, the Debtor has worked diligently to, among other things, ensure the Debtor’s smooth transition into chapter 11, and to preserve and maximize the value of the Debtor’s estate for the benefit of all stakeholders. 13. In addition to those activities detailed in the Prior Extension Motions, all of which are incorporated herein by reference and are further support for the relief requested herein, since the filing of the Third Extension Motion, the Debtor has, among other things, continued to: (i) reconcile proofs of claim filed in this Chapter 11 Case; (ii) evaluate certain of the Debtor’s executory contracts and unexpired leases; (iii) work with the DIP Lender in an effort to evaluate and negotiate an

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appropriate exit mechanism for the completion of the Chapter 11 Case; and (iv) handle various other tasks related to the administration of the Debtor’s estate and this Chapter 11 Case, including responding to various inquiries from creditors and interested parties. 14. As a result of the foregoing efforts and various others, the Debtor has not had sufficient time to determine if any Action should be removed pursuant to Bankruptcy Rule 9027(a). Accordingly, the Debtor submits that extending the Current Removal Deadline is in the best interests of the Debtor, its estate and creditors. The extension sought will afford the Debtor an opportunity to make more fully informed decisions concerning the removal of any Action, and will ensure that the Debtor and its estate do not forfeit the valuable rights afforded to them under 28 U.S.C. § 1452. Furthermore, the Debtor submits that granting the extension requested herein will not prejudice the rights of any other parties to the Actions because such parties may not prosecute them absent relief from the automatic stay. In addition, nothing herein will prejudice any party to an Action that the Debtor may ultimately attempt to remove from seeking the remand of such action under 28 U.S.C § 1452(b) at the appropriate time. 15. For the reasons set forth above, the Debtor submits that extending the Current Removal Deadline through and including May 24, 2021 is necessary, prudent and in the best interests of the Debtor, its estate and creditors. NOTICE 16. The Debtor will provide notice of this Motion to: (i) the U.S. Trustee; (ii) counsel for the DIP Lender; (iii) those creditors holding the largest unsecured claims against the Debtor’s estate (excluding insiders); (iv) all known parties to the Actions and their counsel, if known; and (v) all parties who, as of the filing of this Motion, have requested notice in the

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Chapter 11 Case pursuant to Bankruptcy Rule 2002. The Debtor submits that, in light of the nature of the relief requested, no other or further notice need be given. [Remainder of page intentionally left blank]

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CONCLUSION WHEREFORE, the Debtor respectfully requests that the Court enter the Proposed Order, granting the relief requested herein and such other relief as the Court deems appropriate under the circumstances. Dated: February 19, 2021 YOUNG CONAWAY STARGATT & TAYLOR, LLP Wilmington, Delaware /s/ Betsy L. Feldman Robert S. Brady (No. 2847) Robert F. Poppiti, Jr. (No. 5052) Betsy L. Feldman (No. 6410) 1000 North King Street Wilmington, Delaware 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 Emails: rbrady@ycst.com rpoppiti@ycst.com bfeldman@ycst.com Counsel to the Debtor and Debtor in Possession