HTML Document View

Full title: Order Authorizing the Retention and Employment of McDermott Will & Emery LLP as Counsel for the Debtors and Debtors-In-Possession Effective as of The Petition Date (Related Doc # [162], [295], [297]) Order Signed on 11/19/2021. (CB)

Document posted on Nov 18, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Upon the application (the “Application”)2 of the Debtors for entry of an order (this “Order”) authorizing the retention and employment of McDermott Will & Emery LLP (“McDermott”) as counsel to the Debtors effective as of the Petition Date in accordance with the Engagement Letter, all as more fully set forth in the Application; and the Court being satisfied, based on the representations made in the Application, the Simon Declaration, and the supplemental declaration of Daniel M. Simon in support of the Application [Docket No. 295] (together with the Simon Declaration, the “Declarations”) that (a) McDermott does not hold or represent an interest adverse to the Debtors’ estates and (b) McDermott is a “disinterested person” as defined in Bankruptcy Code section 101(14) and as required by Bankruptcy Code section 327(a); and the Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 1 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Application. and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and the matter being a core proceeding within the meaning of 28 U.S.C. § 157(b)(2); and venue of this proceeding and the Application in this District being proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court being able to issue a final order consistent with Article III of the United States Constitution; and due and sufficient notice of the Application having been given under the particular circumstances; and it appearing that no other or further notice is necessary; and it appearing that the relief requested in the Application is in the best interests of the Debtors, their estates, their creditors, and other parties-in-interest; and after due deliberation thereon; and good and sufficient cause appearing therefor; it is hereby ORDERED, ADJUDGED, AND DECREED that: 1. The Debtors are authorized, but not directed, to retain and employ McDermott as counsel to the Debtors in the Chapter 11 Cases effective as of the Petition Date, in accordance with the Engagement Letter, the Application, and this Order, to perform the services described in the Application pursuant to Bankruptcy Code section 327(a), Bankruptcy Rules 2014(a) and 2016, and Local Rules 2014-1 and 2016-1.McDermott shall apply for compensation for professional services rendered and reimbursement of expenses incurred in connection with the Chapter 11 Cases in compliance with Bankruptcy Code sections 330 and 331 and applicable provisions of the Bankruptcy Rules, the Local Rules, and such other procedures as may be fixed by order of this Court.Notwithstanding anything in the Application or the Declarations to the contrary, McDermott shall, to the extent that McDermott uses the services of independent contractors, subcontractors, or employees of foreign affiliates or subsidi

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) Chapter 11 In re: ) ) Case No. 21-11336 (KBO) GULF COAST HEALTH CARE, LLC, et al.,1 ) ) Jointly Administered Debtors. ) ) Related to Docket Nos. 162, 295, 297 ) ORDER AUTHORIZING THE RETENTION AND EMPLOYMENT OF MCDERMOTT WILL & EMERY LLP AS COUNSEL FOR THE DEBTORS AND DEBTORS-IN-POSSESSION EFFECTIVE AS OF THE PETITION DATE Upon the application (the “Application”)2 of the Debtors for entry of an order (this “Order”) authorizing the retention and employment of McDermott Will & Emery LLP (“McDermott”) as counsel to the Debtors effective as of the Petition Date in accordance with the Engagement Letter, all as more fully set forth in the Application; and the Court being satisfied, based on the representations made in the Application, the Simon Declaration, and the supplemental declaration of Daniel M. Simon in support of the Application [Docket No. 295] (together with the Simon Declaration, the “Declarations”) that (a) McDermott does not hold or represent an interest adverse to the Debtors’ estates and (b) McDermott is a “disinterested person” as defined in Bankruptcy Code section 101(14) and as required by Bankruptcy Code section 327(a); and the Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 1 The last four digits of Gulf Coast Health Care, LLC’s federal tax identification number are 9281. There are 62 Debtors in these chapter 11 cases, which cases are being jointly administered for procedural purposes only. A complete list of the Debtors and the last four digits of their federal tax identification numbers are not provided herein. A complete list of such information may be obtained on the website of the Debtors’ claims and noticing agent at https://dm.epiq11.com/GulfCoastHealthCare. The location of Gulf Coast Health Care, LLC’s corporate headquarters and the Debtors’ service address is 9511 Holsberry Lane, Suite B11, Pensacola, FL 32534. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Application.

1

and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012; and the matter being a core proceeding within the meaning of 28 U.S.C. § 157(b)(2); and venue of this proceeding and the Application in this District being proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court being able to issue a final order consistent with Article III of the United States Constitution; and due and sufficient notice of the Application having been given under the particular circumstances; and it appearing that no other or further notice is necessary; and it appearing that the relief requested in the Application is in the best interests of the Debtors, their estates, their creditors, and other parties-in-interest; and after due deliberation thereon; and good and sufficient cause appearing therefor; it is hereby ORDERED, ADJUDGED, AND DECREED that: 1. The Application is approved, as set forth herein. 2. The Debtors are authorized, but not directed, to retain and employ McDermott as counsel to the Debtors in the Chapter 11 Cases effective as of the Petition Date, in accordance with the Engagement Letter, the Application, and this Order, to perform the services described in the Application pursuant to Bankruptcy Code section 327(a), Bankruptcy Rules 2014(a) and 2016, and Local Rules 2014-1 and 2016-1. 3. McDermott shall apply for compensation for professional services rendered and reimbursement of expenses incurred in connection with the Chapter 11 Cases in compliance with Bankruptcy Code sections 330 and 331 and applicable provisions of the Bankruptcy Rules, the Local Rules, and such other procedures as may be fixed by order of this Court. 4. Prior to applying any increases in its hourly rates beyond the rates set forth in the Application, McDermott shall provide ten days’ notice of any such increases to the Debtors, the

2

U.S. Trustee, and the Committee. The U.S. Trustee retains all rights to object to any rate increase on all grounds, including, but not limited to, the reasonableness standard provided for in Bankruptcy Code section 330, and this Court retains the right to review any rate increase pursuant to Bankruptcy Code section 330. 5. McDermott shall use its best efforts to avoid any duplication of services provided by any of the Debtors’ other retained professionals in the Chapter 11 Cases. 6. Absent a change in controlling law, McDermott shall not seek compensation or reimbursement of any fees or costs arising from the defense of any of McDermott’s fee applications in the Chapter 11 Cases. 7. Notwithstanding anything in the Application or the Declarations to the contrary, McDermott shall seek reimbursement from the Debtors’ estates for its engagement-related expenses at the firm’s actual cost paid. 8. Notwithstanding anything in the Application or the Declarations to the contrary, McDermott shall, to the extent that McDermott uses the services of independent contractors, subcontractors, or employees of foreign affiliates or subsidiaries (collectively, the “Contractors”) in these cases, (i) pass through the cost of such Contractors to the Debtors at the same rate that McDermott pays the Contractors; (ii) seek reimbursement for actual costs only; (iii) ensure that the Contractors are subject to the same conflicts checks as required for McDermott; and (iv) file with this Court disclosures pertaining to such use required by Bankruptcy Rule 2014. 9. To the extent the Application or the Engagement Letter is inconsistent with this Order, the terms of this Order shall govern. 10. The Debtors and McDermott are authorized to take all actions necessary to implement the relief granted in this Order.

3

11. The Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, or enforcement of this Order. Dated: November 19th, 2021 KAREN B. OWENS Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE

4