Free Status Report - District Court of Delaware - Delaware

Case 1:04-cv-00399-Gl\/IS Document 13 Filed 04/14/2005 Page 1 of 3
in it . . 11*
Hercules Plaza, Suite 5100
1513 Market Street
RO. Box 1709 _
11911¤¤1·~e·»¤» DE 199991799 .....C. ;$§?¥?£.§‘£1§;
$02*7776500 [email protected]>nr
Fax 502.421.83%
April 13, 2005
VIA HAND DELIVERY
The Honorable Gregory M. Sleet
United States District Court
J. Caleb Boggs Federal Building
844 N. King Street
Room 4324, Lockbox 19
Wilmington, DE 19801
Re: In re Br0adBand Office, Inc.
Bankr. D. Del. Case N0. 01-1720-GMS Cha ter ll
Dear Judge Sleet:
This office represents the debtor, BroadBand Office, lnc. (the "Debtor"), in the above-
referenced Chapter 11 case. 1 am pleased to advise the Court that the Debtor and the Official
Committee of Unsecured Creditors (the "Committee") are preparing a final draft of a plan to be tiled
in this case in the very near future, and we are hopeful that the Court will be in a position to consider
confirmation of such plan shortly thereafter. Consequently, pursuant to Fed. R. Bankr. P. 3020(b)( 1),
the Debtor and the Committee are requesting that the Court schedule a hearing on confirmation of the
Plan. For effIciency’s sake, the Debtor and the Committee are also requesting that the Court
consolidate the hearing on approval of the Disclosure Statement with the hearing on confirmation.
Therefore, we are requesting that the Court schedule a hearing between June 13, 2005 and June 22,
2005.
During a recent telephone conversation with the Court’s scheduling clerk, I was also asked to
provide the Court with an update as to matters that are ripe for the Court’s consideration. The
following are requests for relief that are unopposed and for which the objection deadline has passed.
In connection with each of these matters, the applicant has filed and served a certificate of no
objection ("CNO") and the Court may determine that a hearing is not necessary for consideration of
these matters:
• Motion for Antltority To Sell Shares of Connnon Stock of Broaclsoji, Inc. Free and
Clear of Liens, Claims and Encitrnbrances (Docket No. 957) (CNO with proposer!
Orrlerjiletl on 12/22/O4; Docket No. 961);
• Sttpttlatetl Orrler Resolving Remaining Clairns of KPCB Holdings, Inc. and
Certain Ajiliates and Approving Distribution of Proceeds of Sale of Collateral
(Docket No. 962) (CNO with proposea' Order filet! on 1/13/05; Docket No. 973);
Philadelphia Whshirrgtoir, D.C. Detroit New York Pittgburgh

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Case 1:04-cv-00399-Gl\/IS Document 13 Filed 04/14/2005 Page 2 of 3
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The Honorable Gregory M. Sleet
April 13, 2005
Page 2
• Joint Motion for Entry of Order Approving the Stipulation Releasing Claims
Among Debtors (Docket No. 963) (CNO with proposed Orderfiled on l/25/05;
Docket No. 985),*
• Debtor’s Application to Employ Sturgill & Associates LLP as Tax Accountant
Sturgill & Associates LLP as Tax Accountant (Docket No. 99l) (Certdication of
Counsel with proposed Order filed on 3/4/2005; Docket No. 1002); and
• Fourth Omnibus Objection of Broadllarid Ojice, Inc. to Allowance of Certain
Administrative Claims (Substantive) (Docket No. 992) (Certyication of Counsel
with proposed Order filed on 3/l5/2005; Docket No. l025);l and
• Debtor's Fyth Omnibus Motion for an Order Approving Comprontises of
Avoidance Claims (Docket No. l 004) (CNO with proposed Order filed on
4/l 2/05; Docket No. lO29)
The following additional matters are also pending in this case. Unless the Court instructs otherwise,
we will notice these matters for the next scheduled hearing in this case:
• Adversary Proceeding: BroadBand Office, Inc. vs. Atlas Van Lines, Case No.
04-395 (GMS). Plaintwfis Request for Entry Of Scheduling Order and Order
Compelling Defendant 's Deposition (Docket No. 9); Answer of Defendant Atlas
Van Lines, Inc. ln Opposition to Plaint@"’s Request for Entry of Order
Compelling Defendant 's Deposition (Docket No. 10);
• Adversary Proceeding: BroadBand Office, Inc. vs. Datec Corporation, Case No.
03-690 (GMS). Plaintw"’s Request for Entry Of Scheduling Order and Order
Conzpelling Defendant 's Deposition (Docket No. l l ); Datec Corporation ’s
Response to Plaintiffs Request for Entry of Scheduling Order and Order
Compelling Defendants Deposition (Docket No. l2),· Plaintiffs Reply to
Defendant ’s Response to Plaint.g§"’s Request for Entry of Scheduling Order and
Order Compelling Dekndant 's Deposition (Docket No. 13);
• Adversary Proceeding: BroadBand Office, Inc. vs. Amerilink LLC, Case No. 04-
394 (GMS). Stipulated Scheduling Order (Docket No. 7); and
1 The Court will note that one response was filed to this pleading, but, as described in the certification of counsel,
such response was withdrawn by the filing party.
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Case 1:04-cv-00399-Gl\/IS Document 13 Filed 04/14/2005 Page 3 of 3
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The Honorable Gregory M. Sleet
April I3, 2005
Page 3
• Adversary Proceeding: BroadBand Office, Inc. vs. Ditto Comm. Tech., Inc.,
Case No. 04-399 (GMS). Plaintyf 's Request for Entry Of Scheduling Order and
Order Compelling Defendant ’s Deposition (Docket No. 10},* Response of
Defendant Ditto Cornrnunications Technologies Inc. to Pioirztw"s Request for
Entry of Scheduling Order and For Order Compelling Defendants Deposition
and Cross Motion of Defendant for Order Compelling Plrrintf to Answer
lnterrogatories and Produce Documents in Response to Defendant ’s Request for
Production of Documents (Docket No. ll ),· Plaintijfs Motion To Strike Cross
Motion o_/`Dekndarzt for Order Compelling Plaintyff to Answer Interrogatories
and Produce Documents in Response to Defendant ’s Request for Production Of
Doczunents (Docket No. l 2).
Upon the scheduling of the hearing, we will file and serve a notice ofmatters scheduled for hearing
in accordance with the applicable local rules and fumish the Court with a hearing binder containing
copies of all matters to be considered by the Court at the hearing.
I am available at the Cou1t’s convenience to questions Your Honor may have
regarding this request.
Res cct O sub ,
‘r_ ’ i . _
cc: David M. Foumier, Esquire _ 'i‘
Evelyn J. Meltzer, Esquire
Craig Martin, Esquire _ '
Richard Shepacarter, Esq. fi
Thomas Gerard Whalen, Jr., Esq.
Joseph H. Huston, Jr., Esq.
Garvan F. McDaniel, Esq.
Christopher Simon, Esq.
Wl.; =rloo7l7vl [EKNIOILDOCJ

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