Full title: Order Granting Expedited Relief and Approving Notice Procedures.(Related Doc # 13) (Whitney MNB) (Entered: 01/14/2021)
Document posted on Jan 13, 2021 in the bankruptcy, 4 pages and 0 tables.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MINNESOTA
Case No.: 21-30037
Tea Olive I, LLC d/b/a Stock+Field,
Chapter 11 Case
ORDER (I) GRANTING EXPEDITED RELIEF AND (II) APPROVING NOTICE PROCEDURES
This case came before the court on the Motion for Order (I) Granting Expedited Relief; (II) Approving the Debtor’s Proposed Notice Procedures for Employees, Enrollees in the Debtor’s Customer Programs, and Gift Card Holders (the “Motion”) filed by the above-captioned debtor (the “Debtor”). Based on the Motion and the record,
IT IS ORDERED:
1. The request for expedited relief is granted.
2. Pursuant to 28 U.S.C. § 105(a), Federal Rules of Bankruptcy Procedure 2002(l) and2002(m), and Local Rule 9029-1(b), any applicable service and creditor matrix rules in the Federal Rules and Local Rules are modified with respect to the Employee Group, the Customer Program Group, and the Gift Card Group, all as defined in the Motion and provided for in this order.
3. The Debtor is authorized to use the following “Notice Procedures” for theEmployee Group, the Customer Program Group, and the Gift Card Group, all as defined below:
a. Employee Group. The Debtor is not required to list all of its current andformer employees (the “Employee Group”) on the creditor matrix. The Debtor shall instead serve, by U.S. mail, on each individual in the Employee Group: (i) a copy of the notice of case commencement that will be issued by the office of the Clerk of Court; and (ii) a Notice
of Filing Motion or Other Document, substantially in the form attached to the Motion as Exhibit A, for any motions or documents that the Debtor files that are required to be served on the full creditor matrix, where such notice will provide employees with the name of the motion or other document, the date by which any objection must be filed, the date of the hearing on the motion and the location of the hearing, and the address for the Debtors’ case information website maintained by the Debtor’s claims and noticing agent. The office of the Clerk of Court is not required to mail to the Employee Group any subsequent order on such a motion or other document; rather, as stated on the Notice of Filing Motion or Other Document, the order would be accessible on the Debtors’ case information website. If any envelope sent to individuals in the Employee Group are returned as undeliverable with no forwarding address, the Debtor is not required to include those individuals in any future mailings to the Employee Group. Within seven business days of each mailing described in this order being served, the Debtor will file a certificate of service that lists the first and last name of each individual served, with addresses redacted. The Debtor will maintain, but not file, a copy of the certificate of service with unredacted addresses.
b. Customer Program Group. The Debtor is not required to list individualsthat participate in the Debtor’s various customer programs, including its AG Plus program and its Stock+Field Mastercard Program, (the “Customer Program Group”) on the creditor matrix. The Debtor shall: (i) e-mail or mail by U.S. mail the notice of case commencement to all members of the Ag Plus program, depending on whether the Debtor has an e-mail address or physical address for such member; (ii) work with the administrator of the Stock+Field Mastercard Program to include an insert in the next monthly credit card statement mailed after January 9, 2021 (the “Filing Date”) notifying the cardholder of the
bankruptcy filing; or (iii) if the credit card administrator will not or cannot include the insert in the credit card statement for no or a nominal cost, the Debtor will mail a postcard notice to the cardholders. The insert or postcard shall provide notice of the commencement of the case, and provide the address for the Debtor’s case information website maintained by the claims and noticing agent. If notice is provided via option (ii), the Debtor shall file a certificate of service attaching a copy of the insert, and in which the administrator certifies that the insert was added to the credit card statements, the date(s) the statements were sent, and the approximate number of statements sent with the insert. If notice is provided via option (iii), the Debtor shall file a certificate of service attaching a copy of the postcard, and indicating the date the postcards were sent, the approximate number sent, and the custodian of the records containing the names and addresses.
c. Gift Card Group. The Debtor is not required to list individuals holding giftcards (the “Gift Card Group”) on the creditor matrix. The Debtor shall provide notice of the commencement of the case to the Gift Card Group (i) by publishing the notice once in a national newspaper, with the notice including the case number, claim filing deadline, and directions to accessing the case website hosted by the Debtor’s claims and noticing agent, (ii) by posting the notice on its website, (iii) physically posting the commencement instores, (iv) sending notices through mass e-mails to the Debtor’s distribution lists, (v) posting notices on the Debtor’s social media platforms, and (vi) coordinating with thestore closing consultant to post additional notices.
4. Unless a different notice procedure is specifically directed by subsequent courtorder for any specific motion, document, or other proceeding, compliance with the Notice Procedures shall constitute good, adequate, and sufficient notice on the Employee Group, the
Customer Program Group, and the Gift Card Group of the commencement of this case and all motions, documents, or other proceedings in this order.
5. This order is effective immediately upon entry.
Dated: January 14, 2021
/e/ William J. Fisher
William J. Fisher
United States Bankruptcy Judge