in the united states bankruptcy court for …...adv. proc. no. 10-54648 - a separate scheduling...

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: DBSI INC., et al.,1 Debtors.

Chapter 11 Case No. 08-12687 (PJW) Jointly Administered

AMENDED CERTIFICATION OF COUNSEL REGARDING

DBSI ESTATE LITIGATION TRUSTEE’S FINAL ORDER ESTABLISHING PROCEDURES GOVERNING AVOIDANCE ACTIONS

The undersigned counsel hereby certify that:

1. In November 2010, James R. Zazzali, as trustee (“Trustee”) for the DBSI Estate

Litigation Trust, filed 850 adversary proceedings against 1,350 named defendants in connection

with this case (the “Avoidance Actions”).

1. On November 24, 2010, the Trustee moved for entry of an order setting

procedures for the Avoidance Actions[Doc. No. 6864] (the “Procedures Motion”).

2. On December 15, 2010, the Court conducted a hearing on the Procedures Motion,

and on December 28, 2010 the Court entered an interim order with respect to the Procedures

Motion that (i) continued the hearing on the Motion without date, (ii) directed the trustee to

proceed with service of the summons and complaints with a copy of the Interim Order in each

Avoidance Action, (iii) fixed a date for a pretrial conference, (iv) stayed each of the Avoidance

Actions upon effective service of process, and (v) directed that no party to any Avoidance Action

need respond to any complaint or motion pending further Order of the Court at or after the

pretrial conferences. [Doc. No. 6998].

1 The last four digits of DBSI Inc.’s federal tax identification number are 5037.

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0812687110719000000000006

Docket #7433 Date Filed: 7/19/2011

2

3. On May 16, 2011, the Trustee filed a status report regarding the Avoidance

Actions. [Doc. No. 7302]. As part of that filing, the Trustee proposed a revised form of Order

approving the Procedures Motion (the “Final Procedures Order”). A hearing on the Procedures

Motion was conducted on June 20, 2011.

4. Counsel for the Trustee conferred with counsel to those defendants who filed

timely objections to the Procedures Motion and was able to resolve certain objections. The

Court resolved the remaining objections at an adjourned hearing conducted on July 12, 2011.

The Court further directed Trustee’s counsel to serve upon the objecting defendants and submit

to the Court a proposed Final Procedures Order consistent with the Court’s ruling on the

Procedures Motion.

5. Since circulating the form of Final Procedures Order as set forth in paragraph four

above and attached hereto as Exhibit 1, counsel for the Trustee has not received any objections to

the form of Final Procedure Order.

6. On July 18, 2011, counsel for the Trustee filed a Certification of Counsel

Regarding DBSI Estate Litigation Trustee’s Final Order Establishing Procedures Governing

Avoidance Action. [Docket No. 7430]. Included as Exhibit 2 was a list of those adversary

proceedings subject to the proposed Final Procedures Order; however, certain adversary

proceedings were inadvertently omitted.

7. Attached hereto as Exhibit 2 is the list of those adversary proceedings subject to

the Final Procedures Order revised to include the adversary proceedings that were previously

omitted.

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8. Accordingly, the Trustee respectfully requests that the Court enter, at its earliest

convenience, the proposed form of Final Procedures Order attached hereto as Exhibit 1.

Dated: July 19, 2011

PHILLIPS, GOLDMAN & SPENCE, P.A. By: /s/ Stephen W. Spence Stephen W. Spence, Esquire (Bar No. 2033) Stephen A. Spence, Esquire (Bar No. 5392) 1200 North Broom Street Wilmington, DE 19806 T (302) 655-4200 F (302) 655-4210 E-mail: [email protected] E-mail: [email protected] - and - MITNICK & MALZBERG, P.C. By: /s/ Steven J. Mitnick Steven J. Mitnick, Esq. P. O. Box 429 29 Race Street Frenchtown, NJ 08825 T (908) 996-3716 F (908) 996-7743 E-mail: [email protected] Co-Counsel to James R. Zazzali as the Estate Litigation Trustee for the DBSI Estate Litigation Trust

GIBBONS P.C. By: /s/ Natasha M. Songonuga Natasha M. Songonuga, Esq. (Bar No. 5391) 1000 N. West Street, Suite 1200 Wilmington, DE 19801-1058 Telephone: (302) 295-4875 Facsimile: (302) 295-4876 E-mail: [email protected] -and- Dale E. Barney, Esq. (admitted pro hac vice) Mark Conlan, Esq. (admitted pro hac vice) One Gateway Plaza Newark, New Jersey 07102-5301 Telephone: (973) 596-4500 Facsimile: (973) 596-0545 E-Mail: [email protected] [email protected] Counsel to James R. Zazzali as the Estate Litigation Trustee for the DBSI Estate Litigation Trust

EXHIBIT 1

Proposed Order (Clean)



Chapter 11 Case No. 08-12687 (PJW) Jointly Administered Ref. Docket Nos.: 6864, 6910, 6911, 6913, 6915, 6920, 6921, 6932, 6933, 6934, 6935, 6936, 6993, 6994, 6998, 7301, 7356, 7358, 7359, 7360, 7361, 7362, 7363, 7365, 7410, 7414, 7415 and Adv. Proc. No. 10-54648, Docket No. 60

FINAL ORDER ESTABLISHING PROCEDURES

GOVERNING AVOIDANCE ACTIONS

Upon the motion (the “Motion”)2 of James R. Zazzali, as the Litigation Trustee

(hereafter, the “Trustee” or “Plaintiff”) for the DBSI Estate Litigation Trust (hereafter, the

“Litigation Trust”), by and through his undersigned counsel, for entry of an Order establishing

certain streamlined procedures governing the avoidance action adversary proceedings filed in

this case (“Avoidance Actions”); and the Court having determined that (i) it has jurisdiction over

the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) the Motion is a core proceeding pursuant

to 28 U.S.C. § 157(b)(2); (iii) venue of the Motion is proper pursuant to 28 U.S.C. § 1409(a); and

(iv) service to the parties stated on the Certificate of Service is adequate under the circumstances;

and it appearing that due notice of the Motion has been given; and the Court having reviewed the

moving papers; and the Court having considered the objections, joinders and other responses to

the Motion [Docket Nos. 6910, 6911, 6913, 6915, 6920, 6921, 6932, 6933, 6934, 6935, 7301,

1 The last four digits of DBSI Inc.’s federal tax identification number are 5037. 2 All terms not defined herein shall have the meaning ascribed to such terms in the Motion.

2

7356, 7358, 7359, 7360, 7361, 7362, 7363, 7365, 7410, 7414, 7415 and Adv. Proc. No. 10-

54648, Docket No. 60], and the Trustee’s Omnibus Response to such objections [Docket No.

6936]; and the Court having conducted a hearing on the Motion on December 15, 2010; and the

Court having entered an Interim Order With Respect to the Trustee’s Motion for Order

Establishing Procedures Governing Avoidance Actions on December 28, 2010 [Docket No.

6998] (“Interim Order”) that (i) continued the hearing on the Motion without date, (ii) directed

the trustee to proceed with service of the summons and complaints with a copy of the Interim

Order in each Avoidance Action, (iii) fixed a date for a pretrial conference, (iv) stayed each of

the Avoidance Actions upon effective service of process, and (v) directed that no party to any

Avoidance Action need respond to any complaint or motion pending further Order of the Court

at or after the pretrial conferences; and the Court having considered the Trustee’s Status Reports

with respect to the Avoidance Actions filed on May 16, 2011 [Docket Nos. 7302 - 7304]; and the

Court having conducted a further hearing on the Motion on July 12, 2011; and after due

deliberation and good cause having been shown for entry of this Order, it is hereby ORDERED

that:

1. The Motion is granted and approved.

2. The Avoidance Action Procedures attached hereto as Exhibit 1, as amended, are

approved and, except as set forth below, shall apply to all of the Avoidance Actions commenced

by the Trustee.

3. The relief granted herein shall not apply to the following adversary proceedings:

a. James R. Zazzali, as Trustee v. Walter E. Mott, Adv. Proc. No. 10-51302 (PJW);

b. James R. Zazzali, as Trustee v. Douglas L. Swenson, Charles Hassard, John M. Mayeron, Gary Bringhurst, Thomas Var Reeve, Farrell Bennett, United States of America, Department of the Treasury, Internal Revenue Service, Georgia Department of Revenue, Idaho State Tax Commission,

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Illinois Department of Revenue, Indiana Department of Revenue, Iowa Department of Revenue, Kansas Department of Revenue, Louisiana Department of Revenue, Michigan Department of Treasury, Missouri Department of Revenue, Nebraska Department of Revenue, New Jersey Division of Taxation, New Mexico Tax & Revenue Department, North Carolina Department of Revenue, Ohio Department of Taxation, Oregon Department of Revenue, Pennsylvania Department of Revenue, South Carolina Department of Revenue, Utah State Tax Commission, Wisconsin Department of Revenue, John Does 1-50, ABC Entities 1-50, Virginia Department of Taxation, Minnesota Department of Revenue, Maine Revenue Services, Colorado Department of Revenue, California Franchise Tax Board, California State and Consumer Services Agency, Arizona Department of Revenue, Adv. Proc. No. 10-54649 (PJW).

c. James R. Zazzali, as Trustee of the DBSI Estate Litigation Trust created by operation of the Second Amended Joint Chapter 11 Plan of Liquidation; and Conrad Myers, as Trustee of the DBSI Liquidating Trust created by operation of the Second Amended Joint Chapter 11 Plan of Liquidation v. Wavetronix LLC, David V. Arnold, Linda S. Arnold, Michael Jensen, John Does 1-50, and ABC Entities 1-50, Adv. Proc. No. 10-55963 (PJW).

d. James R. Zazzali, as Trustee v. Pioneer Title Company of Ada County, Adv. Proc. No. 10-54243 (PJW) - a separate scheduling order will be submitted by the parties.

e. James R. Zazzali, as Trustee v. AFA Financial Group, LLC, et al., Adv. Proc. No. 10-54524 (PJW) - a separate scheduling order will be submitted by the parties.

f. James R. Zazzali, as Trustee v. 1031 Exchange Group LLC, et al., Adv. Proc. No. 10-54648 - a separate scheduling order will be submitted by the parties.

g. James R. Zazzali, as Trustee v. Alamo Title Company, et al., Adv. Proc. No. 10-54161 3- a separate scheduling order will be submitted by the parties.

h. James R. Zazzali, as Trustee v. Chicago Title Insurance Company, Adv. Proc. No. 10-54256 - an Order staying this Avoidance Action through and including August 22, 2011 was entered on July 12, 2011. Adv. Proc. 10-54256, Docket No. 8.

3 On June 20, 2011, Defendant Alamo Title Company was dismissed from this Avoidance Action; however, this Avoidance Action remains open as to the other defendants.

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i. James R. Zazzali, as Trustee v. Fidelity National Title Insurance Company, Adv. Proc. No. 10-542244 - a separate scheduling order will be submitted by the parties.

j. James R. Zazzali, as Trustee v. Transnation Title & Escrow, Inc., Adv. Proc. No. 10-54234 - an Order staying this Avoidance Action through and including August 22, 2011 was entered on July 12, 2011. Adv. Proc. 10-54234, Docket No. 6.

k. James R. Zazzali, as Trustee v. Taylor Waterproofing Plus, Inc., Adv. Proc. No. 10-54130 (PJW) - a separate scheduling order will be submitted by the parties.

4. Within 90 days after serving a Notice of Commencement, the Trustee shall file

with this Court, and serve on each of the Avoidance Action Defendants by email or regular mail,

a status report identifying the Avoidance Actions included in each such Notice of

Commencement.

5. This Order is without prejudice to the right of any Avoidance Action Defendant to

seek withdrawal of the reference of an Avoidance Action to this Court pursuant to 28 U.S.C.

§ 157(d), Fed. R. Bankr.P. 5011 and Local Rule 5011-1; provided however, that nothing set forth

herein shall limit or derogate from (i) the maintenance of venue of the Avoidance Actions in this

Court pursuant to 28 U.S.C. §§ 1408 and/or 1409 and/or ((ii) this Court’s jurisdiction over the

Avoidance Actions pursuant to 28 U.S.C. §§ 157, 1334, 1408 and/or 1409, the Confirmation

Order, the Plan, other applicable law, or otherwise.

4 On June 20, 2011, Defendant Fidelity National Title Insurance Company was dismissed from this Avoidance Action; however, this Avoidance Action remains open as to the other defendants.

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6. The Trustee shall serve a copy of this Order on each Avoidance Action Defendant

within five (5) business days after entry of this Order.

Dated: July ___, 2011 Wilmington, Delaware

The Honorable Peter J. Walsh United States Bankruptcy Judge

EXHIBIT 1

DBSI AVOIDANCE ACTION PROCEDURES

The following Avoidance Action Procedures shall apply to all Avoidance Actions:

a) Pro Hac Vice. Non-Delaware counsel for parties to the Avoidance Actions will not be required to file a separate motion for admission pro hac vice in the Avoidance Actions if this Court has previously entered an order granting counsel admission pro hac vice in Case No. 08-12687 (PJW) (the “Lead Case”).

b) Notice of these Special Procedures. The Trustee shall serve a copy of the approved Avoidance Action Procedures on each Avoidance Action Defendant.

c) Stay. The stay of each Avoidance Action provided in the Interim Order (the “Stay”) shall continue until lifted as set forth in paragraph (e) below, except that any defenses in law or fact that can be asserted pursuant to Federal Rule of Civil Procedure 12(b)(4) - insufficiency of process, and 12(b)(5) - insufficiency of service of process, made applicable to the Avoidance Actions pursuant to Federal Rule of Bankruptcy Procedure 7012(b), shall be asserted within forty-five (45) days after service of these Avoidance Action Procedures. Notwithstanding the foregoing, any Avoidance Action Defendant shall be permitted to file and serve a motion in response to a complaint. However, Plaintiff’s time to respond or object to any such motion(s) shall be governed by the schedule set forth below in paragraph f. The Stay implemented by the Avoidance Action Procedures shall not affect the Trustee’s right to amend or dismiss any Avoidance Action complaints during the stay.

d) Staggered Litigation Schedule. The Avoidance Actions will be litigated in waves, with staggered schedules. Plaintiff shall notify Avoidance Action Defendants of the commencement of each wave by written notice (“Notice of Commencement”) in a form substantially similar to the form attached hereto as Exhibit A. The number, grouping and timing of waves will be initially determined by the Trustee, after consultation with the Oversight Committee and consideration of a number of factors, including, but not limited to, the progress in prior waves, logistical difficulties, if any, the size and complexity of the Avoidance Actions, the presence of common issues, and the existence of common counsel for certain of the Avoidance Action Defendants. The proposed procedures do not prevent any Avoidance Action Defendants from requesting inclusion in or exclusion from a wave at any particular time by contacting the Plaintiff’s counsel. The initial decision whether to include an Avoidance Action within a particular wave will be made by the Trustee, provided, however, that an Avoidance Action Defendant may seek relief from the Court to be included or excluded within a particular wave and no presumption shall arise from the Trustee’s decision nor will the Avoidance Action Defendants be prejudiced by the Trustee’s decision to include or exclude the Avoidance Action Defendants in the requested wave.

e) Lifting of the Stay. The Stay of each Avoidance Action pursuant to the Interim Order shall continue until: (i) service of a Notice of Commencement by the Trustee on each defendant listed therein, or (ii) further Order of the Court for good cause shown.

f) Time to Respond to the Complaint. Each Avoidance Action Defendant shall have forty-five (45) days (the “Defendant Response Deadline”) from the Trustee’s service of the

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Notice of Commencement or the Court’s entry of an order lifting the Stay, to file an answer or otherwise move in response to the complaint (to the extent they have not previously done so). Plaintiff will thereafter have forty-five (45) days (the “Plaintiff Response Deadline”) from the Defendant Response Deadline to file a response, if any is required by the Federal Rules of Bankruptcy Procedure. A reply by the Avoidance Action Defendant, if any, must be filed within twenty-one (21) days after the Plaintiff Response Deadline. In the event that an Avoidance Action Defendant files an answer, motion or other response to a complaint prior to the Trustee’s service of a Notice of Commencement in the applicable Avoidance Action, then the Trustee shall have forty-five (45) days after the date that the Notice of Commencement is served to respond.

g) Thirty (30) Day Extension. Without further order of the Court, the parties may agree by stipulation to one extension of time of no more than thirty (30) days within which an Avoidance Action Defendant must respond to a compla int. The stipulation must be in writing to be binding on the Plaintiff. Any further or longer extensions of time will require Court approval.

h) Mediation Procedures. In the event that the Trustee and an Avoidance Action Defendant agree to mediation and the terms thereof, including the identity and compensation of a mediator, then the following procedures and timetable shall apply:

(1) After Plaintiff serves a Notice of Commencement, and the parties to an Avoidance Action agree to mediate, Plaintiff and the applicable Avoidance Action Defendant shall promptly confer as to the terms of mediation.

(2) Within one-hundred and twenty (120) days after the parties agree to mediation, the parties must have commenced the mediation process by having (a) agreed upon a mediator, (b) agreed in writing to the terms of the mediator, including as to compensation, and (c) scheduled a date for the mediation.

(3) At least seven (7) days prior to the scheduled mediation, the parties shall either exchange position statements directly or submit confidential position statements to the mediator. Unless agreed in writing by both parties and the mediator, the position statements shall not exceed ten (10) pages double-spaced (exclusive of exhibits and schedules). The mediator may also require the parties to provide to the mediator any relevant papers and exhibits, and a settlement proposal.

(4) The mediations may be conducted at the offices of Gibbons P.C. in Newark, New Jersey; New York, New York; Philadelphia, Pennsylvania; or Wilmington, Delaware; or at any location otherwise agreed to by the parties to the mediation. Alternatively, for the convenience of the parties and with the consent of the mediator, mediation sessions may also be conducted telephonically in order to limit the costs of mediation. However, no mediation shall be scheduled until after the affected Avoidance Action Defendant has answered or otherwise moved with respect to the complaint and all responsive and reply pleadings related thereto have been filed.

(5) The mediator will preside over the mediation with full authority to determine the nature and order of the parties’ presentations. The mediator may implement additional procedures which are reasonable and practical under the circumstances.

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(6) The parties shall participate in the mediation in good faith and with a view toward reaching a consensual resolution. Notwithstanding Local Rule 9019-5(c)(iii), neither Plaintiff nor defendants shall be required to appear at any mediations in person so long as their respective counsel will be in attendance at every mediation with the ability to contemporaneously contact their respective clients and, when required, the Oversight Committee, to obtain settlement authority.

(7) The length of time necessary to effectively complete the mediation will be within the mediator’s discretion. The mediator may also adjourn a mediation that has been commenced if the mediator determines that an adjournment is in the best interests of the parties.

(8) In accordance with Del. Bankr. L.R. 9019-5(d), all proceedings and writings incident to the mediation will be considered privileged and confidential, and shall not be reported or admitted in evidence for any reason whatsoever. Nothing stated or exchanged during a mediation shall operate as an admission of liability, wrongdoing or responsibility.

(9) Except as set forth in paragraph (j)(4) above, if a party (a) fails to submit the required submissions as provided in these Mediation Procedures or as may be agreed to by the mediator or ordered by the Court, or (b) fails to attend the mediation, then the non-defaulting party may file a motion for appropriate sanctions.

(10) Except as otherwise provided in the Plan and/or Confirmation Order, post-mediation procedures shall be governed by Del. Bankr. L.R. 9019-5(f).

(11) These Mediation Procedures modify and supercede the General Order as the same may apply to preference actions under 11 U.S.C. § 547.

i) Discovery Procedures. The following discovery procedures shall apply to all Avoidance Actions:

(1) Stay. Absent consent of the parties or further order of the Court, all formal discovery in the Avoidance Actions shall be stayed until thirty (30) days after the Defendant Response Deadline.

(2) Voluntary Exchange of Information. Nothing contained herein shall prevent the parties to any Avoidance Action from voluntarily exchanging documents and information or engaging in settlement discussions at any time.

(3) Scheduling Order. In those Avoidance Actions that are not mediated by agreement of the parties and those Avoidance Actions where no settlement has been achieved by the end of mediation, the parties shall conduct a discovery conference pursuant to Bankruptcy Rule 7026(f) and submit a discovery scheduling order to the Court (the “Scheduling Order”) within thirty (30) days after the date the mediator’s report is filed in the Avoidance Action pursuant to Del. Bankr. L.R. 9019-5(f), or, for those Avoidance Actions not mediated, within ninety (90) days after the Defendant Response Deadline. In any Avoidance Action in which a Scheduling Order has been submitted to the Court, except as set forth below, no pretrial conference will be held pursuant to Federal Rule of Bankruptcy Procedure 7016 (“Pretrial Conference”).

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j) Pretrial Conferences/Motion Hearing Dates. The Court will schedule regular Omnibus Hearing dates in the Lead Case, on which dates Pretrial Conferences in the Avoidance Actions will take place. Any pretrial motions filed by the parties to any Avoidance Action must be set for hearing on one of the Omnibus Hearing dates unless otherwise ordered by the Court. If an Avoidance Action has not settled or the parties are unable to timely submit an agreed form of Scheduling Order, then Plaintiff shall file with the Court and serve on the defendant, a notice of Pretrial Scheduling Conference to take place in the Avoidance Action at the next scheduled omnibus hearing, provided however, that a minimum of fourteen (14) days notice of the Pretrial Scheduling Conference is required.

k) Modification to Procedures and/or Deadlines. The Avoidance Action Procedures and/or deadlines contained herein may be modified by the mutual agreement of the parties to any particular Avoidance Action (confirmed by notice of the agreement filed with the Court).

l) No Prejudice to Any Defenses. Except as set forth in paragraph c above, nothing herein shall operate to prejudice any defenses that any party may assert in the Avoidance Actions.

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EXHIBIT A




JAMES R. ZAZZALI, as Trustee for the Debtors’ Jointly-Administered Chapter 11 Estates and/or as Litigation Trustee for the DBSI Estate Litigation Trust,

Plaintiff,

v. Defendants Listed on Exhibit A,

Defendants.

Adversary Proceedings

NOTICE OF COMMENCEMENT OF [ ] WAVE OF AVOIDANCE ACTIONS

PURSUANT TO AVOIDANCE ACTION PROCEDURES

TO: DEFENDANTS LISTED ON EXHIBIT A

PLEASE TAKE NOTICE that pursuant to the Court’s Findings of Fact, Conclusions of

Law and Order Confirming the Second Amended Joint Chapter 11 Plan of Liquidation entered

on October 26, 2010 [Docket No. 5924] (the “Confirmation Order”), the DBSI Estate Litigation

Trust was established on October 29, 2010, the Plan Effective Date.2 Pursuant to the

Confirmation Order and the DBSI Estate Litigation Trust Agreement, James R. Zazzali, (the

“Trustee” or “Plaintiff”) was appointed as the DBSI Estate Litigation Trustee and granted the

1 The last four digits of DBSI Inc.’s federal tax identification number are 5037. 2 Capitalized terms not defined herein shall have the meaning ascribed to such terms in the Plan.

2

right to prosecute and settle any and all Estate Causes of Action, including Avoidance Actions

arising under chapter 5 of the Bankruptcy Code and applicable state law.

PLEASE TAKE FURTHER NOTICE that Trustee previously commenced

approximately 850 Avoidance Actions seeking to avoid certain transfers made by one or more of

the DBSI Consolidated Debtors, including the Consolidated Non-Debtors or the Note/Fund

Consolidated Debtors (collectively, the “Debtors”) as preferential and/or fraudulent transfers and

related claims and recover such transfers or the value of such transfers from approximately 1,350

named defendants.

PLEASE TAKE FURTHER NOTICE that in light of the high number of Avoidance

Actions, the United States Bankruptcy Court for the District of Delaware entered an Interim

Order With Respect to the Trustee’s Motion for Order Establishing Procedures Governing

Avoidance Actions on December 28, 2010 and a Final Order Establishing Avoidance Action

Procedures on July , 2011 (the “Avoidance Action Procedures”), which, among other things,

stayed the litigation of each Avoidance Action pending service of this Notice of Commencement.

PLEASE TAKE FURTHER NOTICE that pursuant to the Avoidance Action

Procedures, the Trustee for the DBSI Estate Litigation Trust is authorized to, among other things,

designate which Avoidance Actions are to be litigated in waves.

PLEASE TAKE FURTHER NOTICE that, as of service of this notice, the stay has

been lifted with respect to the Avoidance Actions listed on Exhibit A hereto and each of the

defendants in those Avoidance Actions have forty-five (45) days (the “Defendant Response

Deadline”) from the date of this notice to file an answer or otherwise move in response to the

complaint. Plaintiff will thereafter have forty-five (45) days (the “Plaintiff Response Deadline”)

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from the date the answer or responsive motion was filed to file a response. A reply by a

defendant, if any, must be filed within twenty (20) days after the Plaintiff Response Deadline.

Dated: [ ] [ ], 2011 GIBBONS P.C. Wilmington, DE

By: /s/

Natasha Songonuga, Esq. (Bar No. 5391) 1000 N. West Street, Suite 1200 Wilmington, DE 19801-1058 Telephone: 302-295-4837 Facsimile: 302-295-4876 Email: [email protected] - and - Brian J. McMahon, Esq. (admitted pro hac vice) Dale E. Barney, Esq. (admitted pro hac vice) Mark B. Conlan, Esq. (admitted pro hac vice) One Gateway Center Newark, NJ 07102-5310 Telephone: 973-596-4971 Facsimile: 973-596-0545 Email: [email protected]

Counsel to James R. Zazzali, as the DBSI Estate Litigation Trustee.

EXHIBIT A


COMMENCEMENT OF [ ] WAVE

NO. DEFENDANT ADV. PROC. NO.

EXHIBIT 1

Proposed Order (Redline)

#1649088 v7 110222-71688



Chapter 11 Case No. 08-12687 (PJW) Jointly Administered Ref. Docket Nos.: 6864, 6910, 6911, 6913, 6915, 6920, 6921, 6932, 6933, 6934, 6935, 6936, 6993, 6994, 6998, 7301, 7356, 7358, 7359, 7360, 7361, 7362, 7363, 7365, 7410, 7414, 7415 and Adv. Proc. No. 10-54648, Docket No. 60

FINAL ORDER ESTABLISHING PROCEDURES

GOVERNING AVOIDANCE ACTIONS

Upon the motion (the “Motion”)2 of James R. Zazzali, as the Litigation Trustee

(hereafter, the “Trustee” or “Plaintiff”) for the DBSI Estate Litigation Trust (hereafter, the

“Litigation Trust”), by and through his undersigned counsel, for entry of an Order establishing

certain streamlined procedures governing the avoidance action adversary proceedings filed in

this case (“Avoidance Actions”); and the Court having determined that (i) it has jurisdiction over

the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) the Motion is a core proceeding pursuant

to 28 U.S.C. § 157(b)(2); (iii) venue of the Motion is proper pursuant to 28 U.S.C. § 1409(a); and

(iv) service to the parties stated on the Certificate of Service is adequate under the circumstances;

and it appearing that due notice of the Motion has been given; and the Court having reviewed the

moving papers; and the Court having considered the objections, joinders and other responses to

the Motion [Docket Nos. 6910, 6911, 6913, 6915, 6920, 6921, 6932, 6933, 6934, 6935, 7301,

1 The last four digits of DBSI Inc.’s federal tax identification number are 5037. 2 All terms not defined herein shall have the meaning ascribed to such terms in the Motion.

2 #1649088 v7 110222-71688

7356, 7358, 7359, 7360, 7361, 7362, 7363, 7365, 7410, 7414, 7415 and Adv. Proc. No. 10-

54648, Docket No. 60], and the Trustee’s Omnibus Response to such objections [Docket No.

6936]; and the Court having conducted a hearing on the Motion on December 15, 2010; and the

Court having entered an Interim Order With Respect to the Trustee’s Motion for Order

Establishing Procedures Governing Avoidance Actions on December 28, 2010 [Docket No.

6998] (“Interim Order”) that (i) continued the hearing on the Motion without date, (ii) directed

the trustee to proceed with service of the summons and complaints with a copy of the Interim

Order in each Avoidance Action, (iii) fixed a date for a pretrial conference, (iv) stayed each of

the Avoidance Actions upon effective service of process, and (v) directed that no party to any

Avoidance Action need respond to any complaint or motion pending further Order of the Court

at or after the pretrial conferences; and the Court having considered the Trustee’s Status Reports

with respect to the Avoidance Actions filed on May 16, 2011 [Docket Nos. 7302 - 7304]; and the

Court having conducted a further hearing on the Motion on July 12____, 2011; and after due

deliberation and good cause having been shown for entry of this Order, it is hereby ORDERED

that:

1. The Motion is granted and approved.

2. The Avoidance Action Procedures attached hereto as Exhibit 1, as amended, are

approved and, except as set forth below, shall apply to all of the Avoidance Actions commenced

by the Trustee.

3. The relief granted herein shall not apply to the following adversary proceedings:

a. James R. Zazzali, as Trustee v. Walter E. Mott, Adv. Proc. No. 10-51302 (PJW);

b. James R. Zazzali, as Trustee v. John Foster, Adv. Proc. No. 10-51309 (PJW);

3 #1649088 v7 110222-71688

c. James R. Zazzali, as Trustee v. Douglas L. Swenson, Charles Hassard, John M. Mayeron, Gary Bringhurst, Thomas Var Reeve, Farrell Bennett, United States of America, Department of the Treasury, Internal Revenue Service, Georgia Department of Revenue, Idaho State Tax Commission, Illinois Department of Revenue, Indiana Department of Revenue, Iowa Department of Revenue, Kansas Department of Revenue, Louisiana Department of Revenue, Michigan Department of Treasury, Missouri Department of Revenue, Nebraska Department of Revenue, New Jersey Division of Taxation, New Mexico Tax & Revenue Department, North Carolina Department of Revenue, Ohio Department of Taxation, Oregon Department of Revenue, Pennsylvania Department of Revenue, South Carolina Department of Revenue, Utah State Tax Commission, Wisconsin Department of Revenue, John Does 1-50, ABC Entities 1-50, Virginia Department of Taxation, Minnesota Department of Revenue, Maine Revenue Services, Colorado Department of Revenue, California Franchise Tax Board, California State and Consumer Services Agency, Arizona Department of Revenue, Adv. Proc. No. 10-54649 (PJW).

d. James R. Zazzali, as Trustee of the DBSI Estate Litigation Trust created by operation of the Second Amended Joint Chapter 11 Plan of Liquidation; and Conrad Myers, as Trustee of the DBSI Liquidating Trust created by operation of the Second Amended Joint Chapter 11 Plan of Liquidation v. Wavetronix LLC, David V. Arnold, Linda S. Arnold, Michael Jensen, John Does 1-50, and ABC Entities 1-50, Adv. Proc. No. 10-55963 (PJW).

e. James R. Zazzali, as Trustee v. Pioneer Title Company of Ada County, Adv. Proc. No. 10-54243 (PJW) - a separate scheduling order will be submitted by the parties.

f. James R. Zazzali, as Trustee v. AFA Financial Group, LLC, et al., Adv. Proc. No. 10-54524 (PJW) - a separate scheduling order will be submitted by the parties.

g. James R. Zazzali, as Trustee v. 1031 Exchange Group LLC, et al., Adv. Proc. No. 10-54648 - a separate scheduling order will be submitted by the parties.

h. James R. Zazzali, as Trustee v. Alamo Title Company, et al., Adv. Proc. No. 10-54161 3- a separate scheduling order will be submitted by the partiesstipulation staying action for an additional 60 days will be submitted by the parties.

i. James R. Zazzali, as Trustee v. Chicago Title Insurance Company, Adv. Proc. No. 10-54256 - an Order staying this Avoidance Action through and

3 On June 20, 2011, Defendant Alamo Title Company was dismissed from thise adversary proceedingAvoidance Action; however, thise adversary proceedingAvoidance Action remains open as to the other defendants.

4 #1649088 v7 110222-71688

including August 22, 2011 was entered on July 12, 2011. Adv. Proc. 10-54256, Docket No. 8 stipulation staying action for an additional 60 days will be submitted by the parties.

j. James R. Zazzali, as Trustee v. Fidelity National Title Insurance Company, Adv. Proc. No. 10-54224 4 - a separate scheduling order will be submitted by the partiesstipulation staying action for an additional 60 days will be submitted by the parties.

k. James R. Zazzali, as Trustee v. Transnation Title & Escrow, Inc., Adv. Proc. No. 10-54234 - an Order staying this Avoidance Action through and including August 22, 2011 was entered on July 12, 2011. Adv. Proc. 10-54234, Docket No. 6 stipulation staying action for an additional 60 days will be submitted by the parties.

l. James R. Zazzali, as Trustee v. Alliance Title and Escrow Corporation, Adv. Proc. No. 10-54222 (PJW) - a separate scheduling order will be submitted by the parties.

m. James R. Zazzali, as Trustee v. Taylor Waterproofing Plus, Inc., Adv. Proc. No. 10-54130 (PJW) - a separate scheduling order will be submitted by the parties.

4. Within 90 days after serving a Notice of Commencement, the Trustee shall file

with this Court, and serve on each of the applicable Avoidance Action Defendants by email or

regular mail, a status report identifying summarizing the status of the Avoidance Actions

included in each such Notice of Commencement.

5. This Order is without prejudice to the right of any Avoidance Action Defendant

to seek withdrawal of the reference of an Avoidance Action to this Court pursuant to 28 U.S.C.

§ 157(d), Fed. R. Bankr.P. 5011 and Local Rule 5011-1; provided however, that nothing set forth

herein shall limit or derogate from (i) the maintenance of venue of the Avoidance Actions in this

Court pursuant to 28 U.S.C. §§ 1408 and/or 1409 and/or ((ii) this Court’s jurisdiction over the

4 On June 20, 2011, Defendant Fidelity National Title Insurance Company was dismissed from thise advesary proceedingAvoidance Action; however, thise adversary proceedingAvoidance Action remains open as to the other defendants.

5 #1649088 v7 110222-71688

Avoidance Actions pursuant to 28 U.S.C. §§ 157, 1334, 1408 and/or 1409, the Confirmation

Order, the Plan, other applicable law, or otherwise.

6. The Trustee shall serve a copy of this Order on each Avoidance Action

Ddefendant within five (5) business days after entry of this Order.

Dated: July ___, 2011 Wilmington, Delaware

The Honorable Peter J. Walsh United States Bankruptcy Judge

#1649088 v7 110222-71688

EXHIBIT 1

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The following Avoidance Action Procedures shall apply to all Avoidance Actions:

a) Pro Hac Vice. Non-Delaware counsel for parties to the Avoidance Actions will not be required to file a separate motion for admission pro hac vice in the Avoidance Actions if this Court has previously entered an order granting counsel admission pro hac vice in Case No. 08-12687 (PJW) (the “Lead Case”).

b) Notice of these Special Procedures. The Trustee shall serve a copy of the approved Avoidance Action Procedures on each Avoidance Action Defendant.

c) Stay. The stay of each Avoidance Action provided in the Interim Order (the “Stay”) shall continue until lifted as set forth in paragraph (e) below, except that any defenses in law or fact that can be asserted pursuant to Federal Rule of Civil Procedure 12(b)(4) - insufficiency of process, and 12(b)(5) - insufficiency of service of process, made applicable to the Avoidance Actions pursuant to Federal Rule of Bankruptcy Procedure 7012(b), shall be asserted within forty-five (45) days after service of these Avoidance Action Procedures. Notwithstanding the foregoing, any Avoidance Action Defendant shall be permitted to file and serve a motion in response to a complaint. However, Plaintiff’s time to respond or object to any such motion(s) shall be governed by the schedule set forth below in paragraph f. The Stay implemented by the Avoidance Action Procedures shall not affect the Trustee’s right to amend or dismiss any Avoidance Action complaints during the stay.

d) Staggered Litigation Schedule. The Avoidance Actions will be litigated in waves, with staggered schedules. Plaintiff shall notify Avoidance Action Defendants of the commencement of each wave by written notice (“Notice of Commencement”) in a form substantially similar to the form attached hereto as Exhibit A. The number, grouping and timing of waves will be initially determined by the Trustee, after consultation with the Oversight Committee and consideration of a number of factors, including, but not limited to, the progress in prior waves, logistical difficulties, if any, the size and complexity of the Avoidance Actions, the presence of common issues, and the existence of common counsel for certain of the Avoidance Action Defendants. The proposed procedures do not prevent any Avoidance Action Defendants from requesting inclusion in or exclusion from a wave at any particular time by contacting the Plaintiff’s counsel. The initial decision whether to include an Avoidance Action within a particular wave will be made by the Trustee, provided, however, that an Avoidance Action Defendant may seek relief from the Court to be included or excluded within a particular wave and no presumption shall arise from the Trustee’s decision nor will the Avoidance Action Defendants be prejudiced by the Trustee’s decision to include or exclude the Avoidance Action Defendants in the requested wave..

e) Lifting of the Stay. The Stay of each Avoidance Action pursuant to the Interim Order shall continue unt il: (i) service of a Notice of Commencement by the Trustee on each defendant listed therein, or (ii) further Order of the Court for good cause shown.

f) Time to Respond to the Complaint. Each Avoidance Action Defendant shall have forty-five (45) days (the “Defendant Response Deadline”) from the Trustee’s service of the

2 #1649088 v7 110222-71688

Notice of Commencement or the Court’s entry of an order lifting the Stay, to file an answer or otherwise move in response to the complaint (to the extent they have not previously done so). Plaintiff will thereafter have forty-five (45) days (the “Plaintiff Response Deadline”) from the Defendant Response Deadline to file a response, if any is required by the Federal Rules of Bankruptcy Procedure. A reply by the Avoidance Action Defendant, if any, must be filed within twenty-one (21) days after the Plaintiff Response Deadline. In the event that an Avoidance Action Defendant files an answer, motion or other response to a complaint prior to the Trustee’s service of a Notice of Commencement in the applicable Avoidance Action, then the Trustee shall have forty-five (45) days after the date that the Notice of Commencement is served to respond.

g) Thirty (30) Day Extension. Without further order of the Court, the parties may agree by stipulation to one extension of time of no more than thirty (30) days within which an Avoidance Action Defendant must respond to a complaint. The stipulation must be in writing to be binding on the Plaintiff. Any further or longer extensions of time will require Court approval.

h) Mediation Procedures. In the event that the Trustee and an Avoidance Action Defendant agree to mediation and the terms thereof, including the identity and compensation of a mediator, then the following procedures and timetable shall apply:

(1) After Plaintiff serves a Notice of Commencement, and the parties to an Avoidance Action agree to mediate, Plaintiff and the applicable Avoidance Action Defendant shall promptly confer as to the terms of mediation.

(2) Within one-hundred and twenty (120) days after the parties agree to mediation, the parties must have commenced the mediation process by having (a) agreed upon a mediator, (b) agreed in writing to the terms of the mediator, including as to compensation, and (c) scheduled a date for the mediation.

(3) At least seven (7) days prior to the scheduled mediation, the parties shall either exchange position statements directly or submit confidential position statements to the mediator. Unless agreed in writing by both parties and the mediator, the position statements shall not exceed ten (10) pages double-spaced (exclusive of exhibits and schedules). The mediator may also require the parties to provide to the mediator any relevant papers and exhibits, and a settlement proposal.

(4) The mediations may be conducted at the offices of Gibbons P.C. in Newark, New Jersey; New York, New York; Philadelphia, Pennsylvania; or Wilmington, Delaware; or at any location otherwise agreed to by the parties to the mediation. Alternatively, for the convenience of the parties and with the consent of the mediator, mediation sessions may also be conducted telephonically in order to limit the costs of mediation. However, no mediation shall be scheduled until after the affected Avoidance Action Defendant has answered or otherwise moved with respect to the complaint and all responsive and reply pleadings related thereto have been filed.

(5) The mediator will preside over the mediation with full authority to determine the nature and order of the parties’ presentations. The mediator may implement additional procedures which are reasonable and practical under the circumstances.

3 #1649088 v7 110222-71688

(6) The parties shall participate in the mediation in good faith and with a view toward reaching a consensual resolution. Notwithstanding Local Rule 9019-5(c)(iii), neither Plaintiff nor defendants shall be required to appear at any mediations in person so long as their respective counsel will be in attendance at every mediation with the ability to contemporaneously contact their respective clients and, when required, the Oversight Committee, to obtain settlement authority.

(7) The length of time necessary to effectively complete the mediation will be within the mediator’s discretion. The mediator may also adjourn a mediation that has been commenced if the mediator determines that an adjournment is in the best interests of the parties.

(8) In accordance with Del. Bankr. L.R. 9019-5(d), all proceedings and writings incident to the mediation will be considered privileged and confidential, and shall not be reported or admitted in evidence for any reason whatsoever. Nothing stated or exchanged during a mediation shall operate as an admission of liability, wrongdoing or responsibility.

(9) Except as set forth in paragraph (j)(4) above, if a party (a) fails to submit the required submissions as provided in these Mediation Procedures or as may be agreed to by the mediator or ordered by the Court, or (b) fails to attend the mediation, then the non-defaulting party may file a motion for appropriate sanctions.

(10) Except as otherwise provided in the Plan and/or Confirmation Order, post-mediation procedures shall be governed by Del. Bankr. L.R. 9019-5(f).

(11) These Mediation Procedures modify and supercede the General Order as the same may apply to preference actions under 11 U.S.C. § 547.

i) Discovery Procedures. The following discovery procedures shall apply to all Avoidance Actions:

(1) Stay. Absent consent of the parties or further order of the Court, all formal discovery in the Avoidance Actions shall be stayed until thirty (30) days after the Defendant Response Deadline.

(2) Voluntary Exchange of Information. Nothing contained herein shall prevent the parties to any Avoidance Action from voluntarily exchanging documents and information or engaging in settlement discussions at any time.

(3) Scheduling Order. In those Avoidance Actions that are not mediated by agreement of the parties and those Avoidance Actions where no settlement has been achieved by the end of mediation, the parties shall conduct a discovery conference pursuant to Bankruptcy Rule 7026(f) and submit a discovery scheduling order to the Court (the “Scheduling Order”) within thirty (30) days after the date the mediator’s report is filed in the Avoidance Action pursuant to Del. Bankr. L.R. 9019-5(f), or, for those Avoidance Actions not mediated, within ninety (90) days after the Defendant Response Deadline. In any Avoidance Action in which a Scheduling Order has been submitted to the Court, except as set forth below, no pretrial conference will be held pursuant to Federal Rule of Bankruptcy Procedure 7016 (“Pretrial Conference”).

4 #1649088 v7 110222-71688

j) Pretrial Conferences/Motion Hearing Dates. The Court will schedule regular Omnibus Hearing dates in the Lead Case, on which dates Pretrial Conferences in the Avoidance Actions will take place. Any pretrial motions filed by the parties to any Avoidance Action must be set for hearing on one of the Omnibus Hearing dates unless otherwise ordered by the Court. If an Avoidance Action has not settled or the parties are unable to timely submit an agreed form of Scheduling Order, then Plaintiff shall file with the Court and serve on the defendant, a notice of Pretrial Scheduling Conference to take place in the Avoidance Action at the next scheduled omnibus hearing, provided however, that a minimum of fourteen (14) days notice of the Pretrial Scheduling Conference is required.

k)Motions Affecting All Avoidance Actions . Any motions filed by Plaintiff that affect all of the Avoidance Actions will be filed in the Lead Case only, and not separately docketed in each Avoidance Action, provided, however, that each Avoidance Action Defendant shall receive notice, electronic or otherwise, of the filing of the same.

l)k) Modification to Procedures and/or Deadlines. The Avoidance Action Procedures and/or deadlines contained herein may be modified by the mutual agreement of the parties to any particular Avoidance Action (confirmed by notice of the agreement filed with the Court).

m)l) No Prejudice to Any Defenses. Except as set forth in paragraph c above, nothing herein shall operate to prejudice any defenses that any party may assert in the Avoidance Actions.

5 #1649088 v7 110222-71688

EXHIBIT A

#1649088 v7 110222-71688




JAMES R. ZAZZALI, as Trustee for the Debtors’ Jointly-Administered Chapter 11 Estates and/or as Litigation Trustee for the DBSI Estate Litigation Trust,

Plaintiff,

v. Defendants Listed on Exhibit A,

Defendants.

Adversary Proceedings

NOTICE OF COMMENCEMENT OF [ ] WAVE OF AVOIDANCE ACTIONS

PURSUANT TO AVOIDANCE ACTION PROCEDURES

TO: DEFENDANTS LISTED ON EXHIBIT A

PLEASE TAKE NOTICE that pursuant to the Court’s Findings of Fact, Conclusions of

Law and Order Confirming the Second Amended Joint Chapter 11 Plan of Liquidation entered

on October 26, 2010 [Docket No. 5924] (the “Confirmation Order”), the DBSI Estate Litigation

Trust was established on October 29, 2010, the Plan Effective Date.2 Pursuant to the

Confirmation Order and the DBSI Estate Litigation Trust Agreement, James R. Zazzali, (the

“Trustee” or “Plaintiff”) was appointed as the DBSI Estate Litigation Trustee and granted the

1 The last four digits of DBSI Inc.’s federal tax identification number are 5037. 2 Capitalized terms not defined herein shall have the meaning ascribed to such terms in the Plan.

2 #1649088 v7 110222-71688

right to prosecute and settle any and all Estate Causes of Action, including Avoidance Actions

arising under chapter 5 of the Bankruptcy Code and applicable state law.

PLEASE TAKE FURTHER NOTICE that Trustee previously commenced

approximately 850 Avoidance Actions seeking to avoid certain transfers made by one or more of

the DBSI Consolidated Debtors, including the Consolidated Non-Debtors or the Note/Fund

Consolidated Debtors (collectively, the “Debtors”) as preferential and/or fraudulent transfers and

related claims and recover such transfers or the value of such transfers from approximately 1,350

named defendants.

PLEASE TAKE FURTHER NOTICE that in light of the high number of Avoidance

Actions, , the United States Bankruptcy Court for the District of Delaware entered an Interim

Order With Respect to the Trustee’s Motion for Order Establishing Procedures Governing

Avoidance Actions on December 28, 2010 and a Final Order Establishing Avoidance Action

Procedures on July , 2011 (the “Avoidance Action Procedures”), which, among other things,

stayed the litigation of each Avoidance Action pending service of this Notice of Commencement.

PLEASE TAKE FURTHER NOTICE that pursuant to the Avoidance Action

Procedures, the Trustee for the DBSI Estate Litigation Trust is authorized to, among other things,

designate which Avoidance Actions are to be litigated in waves.

PLEASE TAKE FURTHER NOTICE that, as of service of this notice, the stay has

been lifted with respect to the Avoidance Actions listed on Exhibit A hereto and each of the

defendants in those Avoidance Actions have forty-five (45) days (the “Defendant Response

Deadline”) from the date of this notice to file an answer or otherwise move in response to the

complaint. Plaintiff will thereafter have forty-five (45) days (the “Plaintiff Response Deadline”)

3 #1649088 v7 110222-71688

from the date the answer or responsive motion was filed to file a response. A reply by a

defendant, if any, must be filed within twenty (20) days after the Plaintiff Response Deadline.

Dated: [ ] [ ], 2011 GIBBONS P.C. Wilmington, DE

By: /s/

Natasha Songonuga, Esq. (Bar No. 5391) 1000 N. West Street, Suite 1200 Wilmington, DE 19801-1058 Telephone: 302-295-4837 Facsimile: 302-295-4876 Email: [email protected] - and - Brian J. McMahon, Esq. (admitted pro hac vice) Dale E. Barney, Esq. (admitted pro hac vice) Mark B. Conlan, Esq. (admitted pro hac vice) One Gateway Center Newark, NJ 07102-5310 Telephone: 973-596-4971 Facsimile: 973-596-0545 Email: [email protected]

Counsel to James R. Zazzali, as the DBSI Estate Litigation Trustee.

#1649088 v7 110222-71688

EXHIBIT A

#1649088 v7 110222-71688


COMMENCEMENT OF [ ] WAVE

NO. DEFENDANT ADV. PROC. NO.

EXHIBIT 2

Exhibit "2"DEFENDANT NAME ADVERSARY NO.

ACT Catastrophe Texas LLC 10-53903Americlean Building Maintenance 10-53916Air Performance Service, Inc. 10-53918Bradford Company 10-53921Century Weatherproofing 10-53922Bradford Commercial Realty Corp 10-53923City of Boise - Building Dept. 10-53924Colliers Spectrum Cauble 10-53925Charles Schwab 10-53926Crocker and Reynolds Construciton LP 10-53927Frank E. Agnew, III 10-53928Daniels Air, Inc. 10-53929Dekalb County Tax Commissioner 10-53931De La Cuesa Charitable Remainder Trust 10-53932First Trust Company of Onaga FBO Lindsay S. Fenwick 10-53938Flooring & Design Center Inc. 10-53940GCA Services Group of Texas, LP 10-53942Hi-Gene's Janitorial Service 10-53944Lewis Commercial General Contractors, Inc. 10-53946Master Excavation, Inc. 10-53954Mr. Handyman 10-53958Nanak's Landscaping, Inc. 10-53961P and P Private Security Services 10-53970Professional Janitorial Services 10-53972Puget Sound Energy 10-53975Schindler Elevator Corp. 10-53980Sislin-NorthPointe Tower LLC 10-53983Site Stuff, Inc. 10-53985Stoll Family Trust and John Doe 1-10 10-53986Stream Dallas Office LP 10-53987Suri Family Living Trust, dated 09/02/05 10-53989The Blind Gallery 10-53991The McKinley Group Inc. 10-53994The Reichle Klein Group 10-53997Transportation Management, Inc. 10-53998Travers Mechanicals Service 10-54000Villago Community Association 10-54008Western Community Insurance, Co. 10-54014W Wachter-Shops East West Connector LLC 10-54015Capital Realty, LLC 10-54016Central Georgia EMC 10-54017Colliers Turley Martin Tucker 10-54018International Building Service 10-54020Cresa Partners 10-54021JP Baker Construction 10-54023Dimensions Contracting 10-54024Marc Wiener, RA PA 10-54027FM1 / KLS Facility Maintenance 10-54028P M Realty Group L P 10-54030

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Pascoe Family's Trust 10-54031Phoenix Real Estate Group 10-54032GEMSA Loan Services LP 10-54033Comprehensive Mantenance Solutions 10-54044Precision Landscape Management 10-54122SCE&G 10-54123SCM Real Estate 10-54124South Texas Interiors 10-54126Steven E. Hemping Trust 10-54127Ted E Lloyd & Julie J Lloyd 10-54131Sun Life of Canada 10-54217Kansas Secured Title (1) - Defendant (1) Dismissed 6/20/2011Eagle Ridge Apartments, Inc. (2)Safe Harbor Exchange, LLC as Qualified Intermediary (3) 10-54228Land Title Guarantee Company (1) - Defendant (1) Dismissed 6/8/2011Village Commerical Properties LLC (2) 10-54230Title West of Provo (1) - Defendant (1) Dismissed 6/20/2011NS Mountainwest #1, LLC (2) 10-54235Marathon Title Company (1) - Defendant (1) Dismissed 6/20/2011K Partners Blanco, LP (2) 10-54236Metro National Title (1) - Defendant (1) Dismissed 6/20/2011Ballard Real Estate Holdings, Inc (2)Metro National Exchange Services, Inc (3)Draper Park North, LC (4)Waldron Family Limited Partnership (5) 10-54238Republic Title of Texas, Inc. 10-54245Premium Title, Inc (1) - Defendant (1) Dismissed 6/20/2011URADCO, Inc. (2) 10-54247Title America (1) - Defendant (1) Dismissed 6/20/2011CHHESS LLC (2) 10-54253All Florida Title Agency, Inc. 10-54254American Title Co. 10-54255First American Title Company 10-54257Piedmont Title 10-54262Stewart Title 10-54263Robert K. Stolz Jr. and Martha R. Stolz 10-54328Patrick D. Schow, M.D. 10-54329Douglas J. Conder and Shirley Conder 10-54330Anchor Bank FSB FBO Lloyd L. DeJong 10-54331Kootz Family Limited Partnership 10-54332Ardeth Duthoy and Everett Duthoy FBO Ardeth & Everett Duthoy #365296 10-54333Joseph Giullitto and Frances Giulitto 10-54334David C. Grimwood 10-54335Jack O. Sipperley and Elsa Sipperley 10-54336Peter S. Helming and Vicki A. Helming 10-54337Russell Skoe Marital Trust 10-54338Ardeth L. Duthoy Revocable Trust 10-54339Dr. James B. Gillick and Carolyn L. Gillick 10-54340Kemper Money Market Fund FBO William & Peggy Greenwell Acct. #***2353-8 10-54341

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Arlen L. Chaney and Sonya D. Chaney 10-54342Ray M. Thorpe 10-54343Janis Botsford 10-54344S Hugh Atchley 10-54345Evelyn D Pedersen 10-54346David L. Palfreyman 10-54347Arvid L. Brekke and Nancy E. Brekke 10-54348Lawrence L. & Carol R. Bjorlin, Trustees FBO the Bjorlin Living Trust dtd 7-1-97 10-54349Lee R. Bondurant 10-54350Robert A. Rice 10-54351Bank One FBO The Rosetta E. McIntosh Trust dtd. 11/10/00 10-54353Fiserv FBO Edgar V. Hansen IRA 10-54354Samuel W. Coil 10-54355A. Dale Dunn and Jane S. Dunn, Trustees FBO Dunn Family Trust 10-54357 Lloyd L. DeJong and Virginia A. DeJong 10-54358Dennis W. Lello 10-54359Robert B. Montgomery, M.D. 10-54360G. Matthew Thomas 10-54361John A. Catey 10-54362Lee R. Bondurant and Nancy N. Bondurant 10-54364Bradley L. Johnson 10-54365Betty Nusbaum 10-54366Michael A. Erickson 10-54367Sharon Rae Feraday and Lauray M. Feraday 10-54368Robert D. Miller 10-54369Gary W. Stachofsky 10-54370Adie Living Trust and James Adie, Trustee 10-54371 John A. Fahnestock 10-54372Clarence F. Schmitz 10-54373Natalie Pedigo 10-54374Stanley W. Moss, MD 10-54375Gerald D. Herrick 10-54376Robert E. Ruddy and M. Jane Ruddy 10-54377Lowell D. Browning Assoc. First Limited Partnership 10-54378John B. Kinkead 10-54379Community National Bank, Custodian FBO Jay A. Aiken 10-54380Allen J. Murphy 10-54381 Gregory J. Schade 10-54382Donald Traxler Trust and Donald Traxler, Trustee 10-54383Robert M. Taylor, MD 10-54384J. Robert Haugh 10-54385Connie Anderson Vanderschans 10-54386Stephen S. Dunn 10-54387 Roger Haagenson Trust DTD 1/29/04 10-54389Lynn C. McGlothin 10-54390John P. Delaney 10-54391Bobby A. Kunze and Kit E. Kunze 10-54392Ralph Capriglione 10-54393Dr. James W. Smith 10-54394

3 of 12


James C. Strom, M.D. 10-54395Connie Rowe 10-54396Jon R. Kattenhorn 10-54397MARY KAY DIGRAZIA 10-54398Roger O. Randolph and Judy K. Randolph 10-54399GARY W. GUNTHER 10-54400Steven C. Petersen 10-54401Terry D. Johnson 10-54402 Eugene C. Dorsey 10-54404Ralph M. Gagliardi 10-54406David Herzog 10-54408Roy C. Gerhard 10-54409MCDONALD INVESTMENTS FBO RICHARD A. BUTLER/SEP IRA 10-54410Janet Christensen 10-54411Terry L. Gustavel 10-54412Judith S. Huskey 10-54413Roy J. Ellsworth, M.D. 10-54414RBL Family Limited Partnership 10-54415Jerry B. Cramer 10-54416Eugene Lentsch and Beverly Lentsch 10-54417Dean H. Davis & Dorothy Y. Davis Trust 10-54418HEIDI PATTEN 10-54419Key Bank FBO William K. Mueller 10-54420Michael A. Esch 10-54421The Estate Of Kathryn M. Szabo 10-54422PAINE WEBBER, TRUSTEE FBO VALERIE L. KENDRICK IRA #****85-21 10-54423Joanne V. Kauffmann 10-54424The V. Annette Bills Trust dtd 07-12-02 and Gary L. & V. Annette Bills, Trustees 10-54425 Reed N. Dame 10-54426Kip W. Kootz 10-54427IDAHO CLINIC FOR OB-GYN 10-54428Dean Witter Reynolds FBO Stephen Montoya IRA#****1-022 10-54429Fereday Investments, L.P. 10-54430Timothy H. Horgan 10-54431Burnell K. Semrau and Mary Elizabeth Semrau 10-54433Corddry Revocable Lvg Tr, Paul I. Corddry and Charlotte P Corddry 10-54434MARTIN M. SIELAFF 10-54435IRENE RIENZI 10-54436Dietmar Kluth 10-54437Resources Trust Co., Trustee FBO John S. Kelley IRA 10-54438Kissler Enterprises Limited Partnership 10-54440Transcorp Pension Services, Cust. FBO John Sprague 10-54441Frank E. Agnew, III 10-54442Carl F. Piazza 1989 Trust 10-54443JOHN GROSSBECK AND CHARLOTTE GROSSBECK 10-54445George A DeJong, TTEE and George A DeJong Living Tr 10-54446DONALD ANDRICH AND JUDITH ANDRICH, TRUSTEES FBO THE ANDRICH FAMILY TRUST 10-54447Dale & Harvey Pulkrabek Partnership 10-54449

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RELIANCE TRUST CO., TRUSTEE FBO STEPHEN D. LONG IRA ****1627 10-54450Victor Regis Trust 10-54451Richard Kozuch, Trustee FBO Frank J. Kozuch Trust No. 1, dtd 8/13/92 10-54452Kissler Properties Limited 10-54453David and Marilyn Blood Rev. Tr. 10-54454Wayne L. Thiessen 10-54455 Charles J. MacDonald 10-54456LYNN PERRAUD 10-54457FIDELITY INVESTMENTS FBO STEPHEN S. DUNN 10-54458Gerald D. Herrick Estate 10-54459William H. Cooley 10-54460 First National Bank FBO Ruth H. Kieffer 10-54462 Moseley Family LP 10-54463Robert J. Hennessey 10-54464Charles P. Schneider 10-54465Wihla L. Stuart 10-54466Cheryl M. Petersen 10-54467

RELIANCE TRUST CO., TRUSTEE FBO AVERY L. SEIFERT, M.D. IRA#****1-396 10-54468FIRST TRUST CORP. TTEE FBO JOHN H CARLSON 10-54469Gerald Overly, Trustee FBO Gerald & Donna Overly Family Trust 10-54470Moseley Limited Partnership 10-54471FIRST TRUST CORP., TRUSTEE FBO JOHN E. CRVARICH 10-54472Clyde Gerhard 10-54473ROBERT B. LEE 10-54474William B. Goodman and Nancy A. Goodman 10-54475 FREDRIC W. BIRKELAND AND GAIL BIRKELAND, JTWROS 10-54476Nicholas C. Gagliardi 10-54478ROBERT E. DIGRAZIA 10-54479William S. Bourquard, M.D. 10-54481 NWA Federal Credit Union FBO Frants E. Madsen 10-54484David L. Palfreyman 10-54485Willis M. Tipton, Trustee FBO Willis M. Tipton Revocable Living Trust 10-54486 JAMES T. SCANLAN 10-54487Andrew W. McRoberts, M.D. 10-54490Ardean Ediger 10-54492Bank One FBO FREDERICK J. GAHL 10-54493Charles Robertson, Dianne Robertson and The Robertson Family Trust 10-54494Betty N. Earl 10-54497Christopher C. Pence 10-54501C. S. English and Levona M. English 10-54502California Wire Cloth Partnership 10-54503Community National Bank FBO Muriel K. Kappler 10-54504Carol L. Mcguire 10-54507David J. Romeo and Rita S. Romeo 10-54508Carolyn M. Rogers 10-54509David L. Page 10-54510Carter E. Slappey, M.D. and Orthopedic Specialists of Alabama 10-54511

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Deborah S. Sedgwick-Brittan, TTE As wife K.L. and D.S. Brittan Family Trust, October 21, 1996 10-54512Douglas M. Rogers 10-54513Donald G. Rau and Barbara A. Rau 10-54514TIC Title Agency LP 10-54522Edward C. King and Artha L. King 10-54542Edward J. Mulick and Jeanne Mulick 10-54543Eugene D Pedersen Living Trust 10-54544Evergreen Service Company FBO Bernard Pivec #****6375 10-54545Farmers & Merchants Bank FBO Edward J. & Jeanna Mulick 10-54546Fidelity Advisor Growth Opp. Portfolio FBO A. Bruce Crouch 10-54547First National Bank FBO Ruth H. Kieffer Q-Tip Trust Acct. #**4920 10-54549First National Bank FBO Sharon Kay Freed Trustee 10-54550First Savings Bank of Renton FBO Robert B. Stewart Acct. 10-54551Fiserv FBO Oberle #5833 10-54552Fred Devan 10-54553Gary K. Morita and Susan N. Morita 10-54554Gary M. & Suzanne E. Bullock 10-54555Gemmell Joint Trust and Allan A Gemmell 10-54556Gerald & Donna Overly Family Trust 10-54557Gloria M. Hulme 10-54558Greenhorn Mesa Partners Ltd 10-54559Hewes D. Agnew 10-54560Hugh Eugene Eddy 10-54561Irving Littman and Gertrude Littman 10-54562J. KEITH ROBERTSON AND BOBBIE S. ROBERTSON 10-54563James D. Foote and Diane M. Foote 10-54564Jay A. Hintze 10-54566Jeremy K. Ota, M.D. 10-54567Joan L. Anderson 10-54568John Leinen and Karen Leinen 10-54569John P Sherck 10-54570John R Haugh Revocable Trust 10-54571Joseph B. Sanford and Dianne M. Sanford 10-54572K F Investors, L P 10-54573Karen P. Harris 10-54574Key Bank FBO Lavona Dayton 10-54576Kootz Family Limited Partnership 10-54577La Vona M. Dayton Trust dtd 3/16/95 10-54578Larry C. Parberry 10-54579Lauray M. Fereday and Sharon R. Fereday 10-54580Lincoln Trust Co. FBO Joyce A. Bomba, IRA 10-54581Loren Hinger and DeEtta Hinger 10-54582Louise M. Scharnhorst 10-54583Mark Engasser, M.D. 10-54585Marva B. Henman Rev. Trust dtd 2/25/86 10-54586Mosely Limited Partnership 10-54587Robert H. Morrell 10-54588Neligh C. Coates Jr and Betty Byers Coates 10-54589

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New England Financial FBO Arnold L. Ahnfeldt, MD A/C# ****2093 10-54590Nicholas Gilman Trust 10-54591Robert J. Teears 10-54592Ronald Toensing 10-54593Northwest Savings FBO David L. Randour 10-54594Russel Skoe Family Trust 10-54595Samuel E. Palmer 10-54596Oppenheimer Money Market Fund FBO Richard & Linda Groom Acct. #****6933 10-54597Selco Credit Union FBO Susan Gleason 10-54598Oppenheimer Money Market Fund FBO Anesthesia Assoc. PP At. #****3100 10-54599Oppenheimer Money Market Fund FBO Duane & Evelyn St. Clair Acct. #****3012 10-54601Sherrel T. Jensen 10-54602Parker Family Trust dtd 9/3/93 and Elizabeth Jane Ayarra, Trustee 10-54603Siegfried Obeldobel and Sarah Obeldobel 10-54604Smerko Family Partnership 10-54606Pat Ritchhart 10-54607Paul B. Larsen 10-54608Paul Buescher 10-54609Paul Calvin Collins 10-54610Paul F. McWilliams 10-54611Teele Federal Credit Union FBO Randall L. Schwandt 10-54612Paula J. (Hintze) King 10-54613Peter A. Langhus 10-54614Peter S. Helming 10-54615The Ilg Family Trust 10-54616PRT Unified Trust FBO: Thomas D. Tilden, Trustee 10-54617Randall L. Sohn 10-54618Thelma M. Neveu 10-54619Ray Skoff Trust 10-54620Thomas D. McIntyre 10-54621Richard A. Slotness and Shirley M. Slotness 10-54622Timothy J. & Darlene S. Sullivan 10-54623US Bank National Assoc., Trustee FBO James L. Johnstone Trust 10-54625Richard E. Garrett 10-54626Robert E. Simpson, Jr. 10-54628Viola Parberry 10-54629Wayne L Coleman Family Trust 10-54630Wells Fargo Bank Northwest FBO Joseph D. McCollum Jr. 10-54631Wells Fargo Bank FBO Kent D. Molde 10-54633Wells Fargo Bank FBO James E. Sterrett 10-54635Willis L. Hubler 10-54636Sun Trust Bank FBO Jeffrey J. O'Hara 10-546406K SWPPP, LLC 10-54670Bright Advertising 10-54672C and S Lawn and Maintenance 10-54675Enterprise Electric, Inc. 10-54680GE Supply 10-54682Key Equipment Finance 10-54683Office Environment Company, Inc. 10-54687

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Qwest 10-546893D Allusions LLC 10-54709American Cleaning Service Co., Inc. 10-54710Angles Wood & Graphics, Inc. 10-54712Cable One 10-54713Fidelity Investments Institutional Ops 10-54716Four Seasons Landscaping 10-54717Hydrospec Inc 10-54718Laura Leigh Taylor 10-54719Lowe's 10-54720Olderman Realty and Development Company 10-54721Regus Management Group, LLC 10-54722Sign Specialty Services Inc 10-54723The Potting Shed 10-54725The Sign Center, Inc. 10-54726Transwestern Commercial Services 10-54727A/J Awards, Inc. 10-54736Action Couriers, Inc. 10-54737Aerial Images Photography 10-54738Agent Direct News 10-54739AJ Construction Clean Up & Maintenance 10-54740Alliance Royale, LLC 10-54741Advanced Heating & Cooling, Inc. 10-54744American International Companies 10-54745Angell's Bar & Grill 10-54746Coastal Engineering 10-54748Barbara Ann Roberts Lynch 10-54749Alpha Testing, Inc. 10-54750Connie L. Gardner 10-54751Capasso and Massaroni LLP 10-54752Credit Technologies 10-54754Curtis Plaza Assoc. 10-54756Bourn Projects, LLC 10-54758ArcTec Associates Inc. 10-54759Carter & Burgess, Inc 10-54760Braun Intertec Corp 10-54761Associated Pipeline Inc 10-54762Cascade Technologies 10-54763Dennis Cipcich 10-54764Bill Rauer 10-54769Gartner, Brock & Simon Trust (1)Avenues North, Inc. (2) 10-54770Black's Guide 10-54772Gerald & Donna Overly Family Trust 10-54773Inglesby, Falligant, Horne, C 10-54774Christine Dombrosky 10-54777Bob MacAlister 10-54778Boise Valley Economic Partnership 10-54781K Danny Fouladpour 10-54783

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Hi-Grade Underground Inc. 10-54786Bright Ideas Lighting Co. 10-54788LDJ Productions NYC Inc 10-54790Budget Office Furnishings, Inc. 10-54791Business Psychology Associates 10-54796Aardvark Entertainment Network, LLC 10-54797Coker Building Co. & David Bass Concrete 10-54799Business Partners, LLC 10-54800Coker Building Co & Metallic Bldg Co 10-54801Buss Mechanical Inc. 10-54802Coker Building Co. & Weaver Electric 10-54803c360 Solutions, Inc. 10-54805C & C Cleaning Specialists 10-54807ANVIL FENCE COMPANY 10-54809Commercial Constructors, Inc. 10-54811CommTek Solutions 10-54813CBeyond Communications 10-54814Arid Club 10-54816Concur Technologies, 10-54817CEI Engineering Associates, Inc. 10-54818Diamond Construction, LLC 10-54820Certified Testing & Inspection Corp. 10-54821Ascendix Technologie 10-54822Choice Point Service 10-54824ConferenceCall.com, Inc. 10-54825Discovery Financial Information Group 10-54826Atlas Van Lines, Inc. 10-54827Awards Unlimited 10-54831Draper Business Park, LLC 10-54832Coverbind Corporation 10-54833Cox & Dinkins, Inc. 10-54836Geiger/Cribbins 10-54837CPM3 Corp 10-54838CRI Advantage 10-54840GEOCOM, INC 10-54841Eagles Consulting, Inc. 10-54842CrossTimbers Capital, Inc. 10-54843CVL Consultants of Colorado 10-54846Elizabeth Younger Agency Ltd. 10-54847Farm Journal Electric Media 10-54856Grubb & Ellis/Idaho Commercial Group 10-54857Fiberpipe, Inc 10-54859First Horizon Construction Lending 10-54862First Horizon Insurance Agency, Inc 10-54864H.B. Orchard Co., Inc. 10-54865Floorz, LLP 10-54866Microsoft Licensing, GP 10-54868Hampton Inn & Suites 10-54869DCS Communications 10-54872

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Johnson Gardner, LLC 10-54875HCD Construction Inc. 10-54878Power House Pilates 10-54879Mick & Associates 10-54880Hoefer Wysocki Architects LLC 10-54882Kahr Real Estate Services, LLC 10-54883Pinnacle Capital Group 10-54888Kastle Systems LLC 10-54889Ken Garff Saab 10-54892Holst Architecture 10-54893Pro Power, Inc 10-54894Office Team 10-54896Procacci Commercial Realty, Inc. 10-54897Keybank Real Estate Capital 10-54898IBF Group 10-54899Quantum Realty Advisors, LLC 10-54900OFR, Inc. 10-54901Prudential Asset Resources 10-54902KEZI, Inc 10-54903Idaho Springs Water 10-54904Quest Software, Inc. 10-54905Kingston Commercial Real Estate 10-54906Qwest Arena 10-54909R & V Development, LLC 10-54912Constellation New Energy 10-54914R B Pharr & Associates 10-54916PacifiCorp 10-54918Lakeview Golf Club 10-54919Regence Life & Health Insurance Co. 10-54920Liberty Mutual Insurance 10-54923Lonitek LLC 10-54925Registered Land Surveyors 10-54926Jerry Darnall 10-54934Pavement Specialties of Idaho, Inc. 10-54936Marketing Pilot LLC 10-54937Pensco Trust Company 10-54940John Hancock Life Insurance Company 10-54947Llano Utility Services, Inc. 10-54948Roberts Communications & Marketing Inc 10-54950Kansas City Power & Light 10-54954Ruschman Sand & Gravel Inc. 10-54955Pacific Gas and Electric Company 10-54960Sage Group, Inc. (Peckham-Young) 10-54961City Public Service 10-54964Minert & Assoicates, 10-54966MRG, Inc. 10-54968Entergy 10-54970Murie Design Group 10-54971Scott Kagan 10-54972

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MYHRE Group, Inc. 10-54973Idaho Power Company 10-54974Summit Environmental Services Inc 10-54975NAREIT - Member Services Dept. 10-54978PNM 10-54984T Mobile - MO 10-54985TCN Worldwide 10-54987Nielsen Business Media, Inc. f/k/a VNU Business Media, Inc. 10-54991Tealey's Land Survey 10-54992Shea Communications 10-54994New West Paving 10-54995Ted Yanak Insurance, 10-54996Nodarse & Associates 10-54997Shiels Obletz Johnsen, Inc. 10-54998Tenant In Common Association 10-54999Northeast Real Estate Business a/k/a France Publications, Inc. 10-55002Signs Ink 10-55004Numara Software Inc. 10-55005Temple Square Hospitality 10-55007Softchoice Corporation 10-55008V. Dale Babbitt Family LLP 10-55009Source Media Inc 10-55011Ted C Peck 10-55013SRC, LLC 10-55015Stern & Stern 10-55016South Valley Sewer District 10-55017Terminix 10-55020Stanley Bass Photography 10-55021The DealMakers 10-55023Stirling Properties Inc 10-55024The Errigo Group 10-55027Transwestern Commercial Services, LLC 10-55029Treasure Valley Family Trust 10-55032WFI Properties 10-55034United Country Realty 10-55035The Regus Group 10-55036Verizon #VE1DREVP 10-55037Robert C. Palfreyman 10-55038The Security Group Inc 10-55039Vickrey & Associates 10-55040VNU Business Media, 10-55044Thomas Management Corporation d/b/a Thomas Cuisine Management 10-55047Wiars Photography 10-55048Timberline Surveying 10-55049Tour Vision Inc 10-55050William R. Hoop 10-55054Younger Agency/City 10-55059Zurn Industries 10-55060Brookstone Securities, Inc 10-55068

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Omaha Public Power District 10-55070TXU Energy 10-55072Georgia Power 10-55077United Water Idaho 10-55078Duke Energy 10-55080City of Fort Worth 10-55081City of Meridian 10-55082Henderson Common Equities 10-55086CIR Engineering LLC 10-55087Article VI Trust U/W FBO Bette Rasmussen 10-55092Kline Enterprises Inc. FBO: Joanne Kresse 10-55093Idaho Airships, Inc. 10-55094Wachovia Securities -CRES 10-55111James A. Harder and Lorene A. Harder 10-55145Key Bank FBO Douglas M. Hill, MD 10-55149Charles B. Strauss, Jr. 10-55205Paul & Charlotte Corddry Living Trust dtd 5/19/93 10-55207Jackie Y Demise Trust 10-55209Paul C. Collins 10-55213Aaron Rausch 10-55214Julian Bertogliat and Sharon Bertogliat 10-55215Brent M. Palfreyman 10-55218Brooks & Amaden, Inc. 10-55219Carl Cutler 10-55222Danny C Cutler 10-55224DHS Development 10-55225Diana Kelsey 10-55226Jupiter Communities LLC 10-55236Marketing Pilot Soft 10-55240Sandra Palfreyman Coleman 10-55263SW Buckley, LLC 10-55272Terry D. Palfreyman 10-55275Tour Vision Inc 10-55283Axiom Capital 10-55309Poynter Scifres Management Inc 10-55317Roy Carlson 10-55319Dan Groenhout 10-55320Roger Hendren 10-55321W Richard Perkins 10-55322Snapp Norris Group, Inc. 10-55324Bank of the Cascades 10-55325Farmers Trust Service 10-55329

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in the united states bankruptcy court for …...adv. proc. no. 10-54648 - a separate scheduling...

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