07/20/2007 120 Motion to Shorten Time to For Debtor Plasticon International, Inc. to Respond to Document Production Requests Filed by Pro Plas LLC, John P. Murphy III Revocable Trust No. 1, 10315 LLC and John P. Murphy, filed by Pro Plas LLC. (Attachments: # 1 Proposed Order) (Smotkin, Howard) (Entered: 07/20/2007)
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Doc 120
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION
In re: ) Case No. 07-50934
) Chapter 11
PLASTICON INTERNATIONAL, INC., )
)
Debtor. )
MOTION TO SHORTEN TIME FOR DEBTOR PLASTICON INTERNATIONAL, INC. TO RESPOND TO DOCUMENT PRODUCTION REQUESTS FILED BY PRO PLAS LLC, JOHN P. MURPHY III REVOCABLE TRUST NO. 1, 10315 LLC, AND JOHN P. MURPHY
Creditors Pro Plas LLC, a Missouri limited liability company; John P. Murphy III Revocable Trust No. 1; 10315 LLC, a Missouri limited liability company; and John P. Murphy (collectively “the Murphy Entities”), file this their Motion to Shorten Time for Debtor Plasticon International, Inc. to Respond to Document Production Requests Filed by Pro Plas LLC, John P. Murphy III Revocable Trust No. 1; 10315 LLC, and John P. Murphy (“Motion”) and in support thereof respectfully state to the Court the following:
1. The Court has jurisdiction pursuant to 28 U.S.C. §1334 and 28 U.S.C. §157 and the Local Rules for the United States District Court for the Eastern District of Kentucky.
2. On May 16, 2007 Debtor Plasticon International, Inc. (“Debtor PLNI”), filed its Voluntary Chapter 11 Petition for Relief in the United States Bankruptcy Court for the Eastern District of Kentucky, Lexington Division (“Court”)
3. Debtor PLNI continues to operate its business and manage its financial affairs pursuant to Sections 1107 and 1108 of the Bankruptcy Code.
4. One or more of the Murphy Entities are secured creditors of Debtor PLNI.
5. On June 15, 2007, the Murphy Entities filed their Motion for Relief from the Automatic Stay seeking to foreclose of the assets in which they hold a security interest with respect to Debtor PLNI’s subsidiary Pro Mold, Inc.
6. Shortly thereafter on June 22, 2007, Creditor Pro Plas, LLC filed its Motion for Relief from the Automatic Stay (“MFRFAS”) in the PLNI bankruptcy case.
7. A preliminary hearing was held on the MFRFAS on July 12, 2007.
8. A final hearing on the MFRFAS is set for August 30, 2007.
9. In connection with the MFRFAS and also Debtor Pro Mold’s Motion to Use Cash Collateral, the Murphy Entities served deposition and document production subpoenas on various individuals and entities.
10. In addition, on July 12, 2007, the Murphy Entities issued Requests for the Production Documents to Debtor PLNI and Pro Mold, Inc., in the Requests for Production of Documents to Debtor PLNI, the Murphy Entities asked that the documents be produced on July 20, 2007.
11. In subsequent discussions, both on and off the record at the Preliminary Hearing on July 12, 2007, counsel for Debtor PLNI and counsel for the Murphy Entities agreed to extend the date by approximately one week for certain depositions and for document production.
12. Depositions of various entities and individuals in Lexington are now scheduled to begin on July 30, 2007 and continue through August 3, 2007.
13. An additional deposition is scheduled for August 14, 2007.
14. The Murphy Entities, to properly prepare for these depositions request that Debtor PLNI produce the requested documents by July 26, 2007 at 3:00 p.m. at the offices of Greenbaum Doll & McDonald, PLLC, 300 West Vine Street, Suite 1100, Lexington, Kentucky 40507.
WHEREFORE, the Murphy Entities respectfully request that this Court enter an order
shortening the time for Debtor PLNI to respond to the Murphy Entities Document Production Requests and to produce the requested documents on July 26, 2007 at 3:00 p.m. at the offices of Greenbaum Doll & McDonald, PLLC, 300 West Vine Street, Suite 1100, Lexington, Kentucky 40507.
STONE, LEYTON & GERSHMAN
A Professional Corporation
By:
E. Rebecca Case, EDMO #2800
Howard S. Smotkin, EDMO #4407
7733 Forsyth Boulevard, Suite 500
St. Louis, Missouri 63105
(314) 721-7011
(314) 721-8660 Facsimile
erc@stoneleyton.com
hss@stoneleyton.com
Attorneys for John P. Murphy III Revocable
Trust No. 1; Pro Plas LLC; 10315 LLC, and
John P. Murphy, III, individually
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served electronically in the method established under CM/ECF Administrative Procedures Manual and the Local Court Standing Order dated July 25, 2002, on the Debtor’s Attorney and the U.S. Trustee on this 20th day of July 2007. |
