Full title: Supplemental Order Regarding Conduct of Prehearing Conference by Video dated 1/4/2021 Re: 367 Order dated 9/1/2020 Re: 7 Debtors' Expedited Motion for the Entry of an Order (A) Authorizing and Approving the Sale of Substantially All of the Assets of the Debtor Free and Clear of All Liens, Claims and Encumbrances; (B) Approving Auction Sale Timing and Format, Bidding Procedures, and Certain Bid Protections in the Event A Stalking Horse Bidder is Designated by the Debtors; (C) Approving Form of Notice to be Provided to Interested Parties; and (D) Approving Procedures Related to the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases. See Order for Full Text. (meh, Usbc) (Entered: 01/04/2021)
Document posted on Jan 3, 2021 in the bankruptcy, 3 pages and 0 tables.
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
------------------------------------------------------------ x In re:
TPS Oldco, LLC, et al.,1 : Case No. 20-40743 (CJP)
: (Jointly Administered)
------------------------------------------------------------ x SUPPLEMENTAL ORDER REGARDING CONDUCT OF PREHEARING
CONFERENCE BY VIDEO
To facilitate the prehearing conference presently scheduled for January 12, 2021 at 10:00 a.m. (the “Conference”) regarding the upcoming evidentiary hearing on adequate assurance and individual cure amount disputes, see Order entered at Dkt. No. 407, the Court orders as follows:
I. GENERAL PROVISIONS
1. Conference. The Conference shall be held by video. No individual will be permittedto participate in the Conference in person from the courtroom or in any other way notcontemplated by this Order.
2. Service of Order. Counsel and any pro se party shall serve a copy of this Order byemail on any individual that they intend be present at the Conference. Counsel and anypro se party shall each file a certificate of service certifying service has been made asrequired by this paragraph by January 8, 2021 at 4:30 p.m.
3. The Video Platform. The Conference shall take place remotely using Zoomgov.comvideoconference technology (“Zoom”). Zoom is available without charge for personsattending the Conference. All counsel and interested parties who participate in theConference must undertake appropriate set up and testing of Zoom. Instructions for useof Zoom (the “Participant Guide for Video Hearings”) and links to its tutorials can befound on the Court’s website at:
http://www.mab.uscourts.gov/pdfdocuments/mab_participant_video_guide.pdf 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are TPS Oldco, LLC (2442) and TPS Holdings, LLC (9193). The Debtors’
4. Equipment and Preparation. The Participant Guide for Video Hearings providesinformation on what equipment is required to participate in the Hearing as well ashelpful tips. By participating in the Conference, counsel and interested parties affirmthat they:
a. Have reviewed the Participant Guide for Video Hearings;
b. Have viewed Zoom tutorials as required by the Participant Guide for VideoHearings (see below for exception); and
c. Understand that the Court will not provide technical support.
Notwithstanding any requirement in Participant Guide for Video Hearings that counsel and interested parties view specific Zoom tutorials, counsel and any party that has experience and competence using the Zoom videoconference platform, including connection, mute, breakout room, and share screen features, shall not be required to view the mandated tutorials.
II. INFORMATION REGARDING CONFERENCE PARTICIPANTS
1. Limit on Participation by Video. Parties and counsel are encouraged to limit videoparticipation to those individuals who are necessary to the conduct of the Conference(collectively, the “Participants”). If the number of individuals wishing to participate inthe Conference, in the Court’s view, exceeds the number which would permit theefficient, stable, and reliable transmission of the Conference by video, the Court mayrequire that certain individuals participate in the Conference only by telephone. TheCourt will provide to each individual participating by telephone separate dial-ininstructions, which may be used with any telephone equipment. See ¶ (III)(3) below forinformation on General Public Access.
2. Notice of Participation. Counsel to any party (and pro se parties) shall notify HalinaMagerowski (the “Courtroom Deputy”) of Participants who will be activelyparticipating in the Conference by email to email@example.com later than January 11, 2021 at 12:00 p.m. The notification shall include the nameand email address of each of the Participants as well as their respective roles in theConference. The notification must include the telephone number at which theParticipants may be reached during the Conference and the type of device they will beusing, if that device is not a personal computer or tablet.
Prior to the Conference, the Courtroom Deputy will send an email to each Participantproviding the access information to appear at the Conference. Those who receive theConference access information from the Court may not forward or otherwise share thatinvitation with any other persons, except that counsel may share the login informationwith their client and members of their firm and/or staff as necessary.
Each of the Participants must make reasonable efforts to be available for a test of Zoomif notified by the Courtroom Deputy.
1. Courtroom Formalities. Although it will be conducted by video, the Conferenceconstitutes a court proceeding and all formalities of a court proceeding must beobserved in all respects, including proper decorum and attire. Unless otherwise orderedby the Court, the Participants must keep their video on at all times during theConference.
2. Recesses. Parties may request a recess to confer using a private Zoom breakout roomor by telephone.
3. General Public Access. The Hearing is open to the public. The public is invited tolisten to the Conference by telephone. Any person wishing to listen to the Conferenceby telephone must email the Courtroom Deputy at
firstname.lastname@example.org by no later than January 11, 2021 at 12:00p.m. If the request is not made by that time, the Courtroom Deputy may not be able torespond.
4. Recording Prohibited; Official Record. No person may record or capture imagesduring the Conference from any location by any means. The audio recordingmaintained by the Court will be the sole basis for creation of a transcript that constitutesthe official record of the Hearing.
5. Failure to Comply with This Order. Failure to appear at the Conference or tocomply with any terms of this Order, including the deadlines set forth herein, mayresult in further orders, including the imposition of sanctions against any personsubject to this Order, such as by issuance of a reprimand, monetary fine, and/or awardof attorneys’ fees, as the circumstances warrant.
By the Court,
Dated: January 4, 2021
Christopher J. Panos
United States Bankruptcy Judge