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Full title: Stipulation and Agreed Order of Dismissal Without Prejudice (Related Doc # 23) Signed on 11/8/2021. (VrianaPortillo) (Entered: 11/10/2021)

Document posted on Nov 7, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

§ Chapter 11 § EPIC COMPANIES, LLC, et al., § Case No. 19-34752 § Debtors1. § Jointly Administered § GOLIATH OFFSHORE HOLDINGS PTE, § LTD, § § Plaintiff, § § v. § Adversary No. 21-03453 § TRITON EQUIPMENT HOLDINGS, LLC and § WHITE OAK GLOBAL ADVISORS, LLC.Global Advisors, LLC (“White Oak”) and Alliance Energy Services, LLC (the “Complaint”); 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are as follows:Epic Companies, LLC (1473), Epic Diving & Marine Services, LLC (2501), Epic Applied Technologies, LLC (5844), Epic Specialty Services, LLC (8547), Epic Alabama Steel, LLC (6835), Epic San Francisco Shipyard, LLC (5763) and Zuma Rock Energy Services, WHEREAS, by Stipulation and Agreed Order entered July 15, 2021 at ECF #10, Alliance Energy Services, LLC was dismissed without prejudice; WHEREAS, also on July 15, 2021, Goliath filed its Amended Complaint against White Oak and Triton Equipment Holdings, LLC (“Triton”) (ECF #11); WHEREAS, on August 31, 2021, Goliath filed its Second Amended Complaint against White Oak and Triton (ECF #19); WHEREAS, by Stipulation and Agreed Order entered September 1, 2021 at ECF # 19, Goliath was authorized to file its Second Amended Complaint and White Oak and Triton had 30 days to file an answer or otherwise move in response to the Second Amended Complaint; WHEREAS, in the Second Amended Complaint Goliath alleges that it has a first priority lien on the SD Unit2 which survived the free and clear sale in accordance with the Sale Order’s terms.

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ENTERED November 10, 202 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Cler HOUSTON DIVISION In re: § Chapter 11 § EPIC COMPANIES, LLC, et al., § Case No. 19-34752 § Debtors1. § Jointly Administered § GOLIATH OFFSHORE HOLDINGS PTE, § LTD, § § Plaintiff, § § v. § Adversary No. 21-03453 § TRITON EQUIPMENT HOLDINGS, LLC and § WHITE OAK GLOBAL ADVISORS, LLC. § § § Defendants. § STIPULATION AND AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE (Docket No. 23) and 33 This Stipulation and Agreed Order is made by and between Plaintiff Goliath Offshore Holdings PTE, Ltd. (“Goliath”) and Defendant Triton Equipment Holdings, LLC (“Triton”). Goliath and Triton are collectively referred to as the (“Parties”). WHEREAS, Goliath commenced this adversary proceeding on June 18, 2021 by filing its Complaint for Declaratory Judgment against White Oak Global Advisors, LLC (“White Oak”) and Alliance Energy Services, LLC (the “Complaint”); 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are as follows: Epic Companies, LLC (1473), Epic Diving & Marine Services, LLC (2501), Epic Applied Technologies, LLC (5844), Epic Specialty Services, LLC (8547), Epic Alabama Steel, LLC (6835), Epic San Francisco Shipyard, LLC (5763) and Zuma Rock Energy Services,

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WHEREAS, by Stipulation and Agreed Order entered July 15, 2021 at ECF #10, Alliance Energy Services, LLC was dismissed without prejudice; WHEREAS, also on July 15, 2021, Goliath filed its Amended Complaint against White Oak and Triton Equipment Holdings, LLC (“Triton”) (ECF #11); WHEREAS, on August 31, 2021, Goliath filed its Second Amended Complaint against White Oak and Triton (ECF #19); WHEREAS, by Stipulation and Agreed Order entered September 1, 2021 at ECF # 19, Goliath was authorized to file its Second Amended Complaint and White Oak and Triton had 30 days to file an answer or otherwise move in response to the Second Amended Complaint; WHEREAS, in the Second Amended Complaint Goliath alleges that it has a first priority lien on the SD Unit2 which survived the free and clear sale in accordance with the Sale Order’s terms. Second Amended Complaint p. 8, ¶32; WHEREAS, in the Second Amended Complaint Goliath also “requests that the Court make a determination of all the parties’ rights in and to the SD Unit, including those of Plaintiff, Alliance, White Oak, and any other party claiming an interest in the SD Unit”. Second Amended Complaint at p. 11 ¶45; WHEREAS, by Stipulation and Agreed Order entered October 14, 2021 (ECF #31), White Oak was dismissed without prejudice from this adversary proceeding; WHEREAS, on September 28, 2021, Triton filed its Motion to Dismiss this adversary proceeding (ECF #23) alleging that the Bankruptcy Court lacked subject matter jurisdiction over this adversary proceeding; LLC (1022). The address of the Debtors’ headquarters is: 1080 Eldridge Parkway, Suite 1300, Houston, Texas 77077. 2 Capitalized terms not otherwise defined herein have the same meaning as used in the Complaint.

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WHEREAS, the Parties have agreed (i) to litigate all lien, claim, and/or encumbrance related disputes involving the SD Unit in the U.S. District Court for the Eastern District of Louisiana (“USDC EDLA”), (ii) to irrevocably submit to the jurisdiction of the USDC EDLA, and (iii) to the dismissal without prejudice of this adversary proceeding; and WHEREAS, based on the above representations and stipulations the Parties agree to (i) dismiss without prejudice this adversary proceeding, (ii) litigate all lien, claim, and/or encumbrance related disputes involving the SD Unit in the USDC EDLA, and (iii) irrevocably submit to the jurisdiction of the USDC EDLA. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: A. This adversary proceeding should be dismissed without prejudice. B. All lien, claim, and/or encumbrance related disputes involving the SD Unitshould be addressed to, determined by, and enforced by the USDC EDLA,and all Parties should irrevocably submit to the jurisdiction of the USDCEDLA for this purpose and any related purpose. C. Each party should bear its own costs and fees, including all attorney’sfees. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED AND SO ORDERED AS FOLLOWS: 1. This adversary proceeding is dismissed without prejudice. 2. All lien, claim, and/or encumbrance related disputes involving the SD Unitshall be addressed to, determined by and enforced by the USDC EDLA, and the Parties irrevocably submit to the jurisdiction of the USDC EDLA for this purpose and any related purpose. 3. Each of the Parties shall bear its own costs and fees in this adversaryproceeding, including all attorney’s fees.

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APPROVED AND ORDERED Signed: October __, 2021 Signed: November 08, 2021. _____________________________________ David R. Jones ____________________________________ Chief U.S. Bankruptcy Judge DAVID R. JONES UNITED STATES BANKRUPTCY JUDGE (Signatures Continued on Next Page)

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STIPULATED AND AGREED: JACKSON WALKER LLP Dated: October 21, 2021 /s/ Bruce J. Ruzinsky Respectfully submitted, Bruce J. Ruzinsky SBOT TX 17469425) ____/s/ David F. Waguespack_______________ Matt Cavenaugh David F. Waguespack (LA Bar #21121) SBOT TX 24062656 Leann O. Moses (LA Bar #19439) (TX Bar mcavenaugh@jw.com #15291750) 1401 McKinney Street, Suite 1900 CARVER DARDEN, KORETZKY, Houston, Texas 77010 TESSIER FINN, BLOSSMAN & Telephone: (713) 752-4200 AREAUX, L.L.C. Facsimile: (713) 752-4221 1100 Poydras Street, Suite 3100 Email: bruzinksy@jw.com New Orleans, LA 70163 Telephone: (504) 585-3814 - and Facsimile: (504) 585-3801 PHELPS DUNBAR LLP Counsel for Triton Equipment Holdings, LLC /s/ Miles P. Clements Miles P. Clements LA SB# 4184 miles.clements@phelps.com Danielle Mashburn-Myrick AL SB# 7798-F33F danielle.mashburn-myrick@phelps.com Zachry J. Ardoin LA SB# 37575 zachry.ardoin@phelps.com P.O. Box 2727 Mobile, AL 36652-2727 504-584-9247 – Telephone 251-433-1820 – Facsimile miles.clements@phelps.com COUNSEL FOR PLAINTIFF GOLIATH OFFSHORE HOLDINGS PTE, LTD

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