S Y C & R: Tradling Occa Arlson Auth

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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
MOTION FOR ORDER APPOINTING CLAIMS, NOTICING AND BALLOTING AGENT
PAUL R. GLASSMAN (State Bar No. 76536)
LAURA L. BUCHANAN (State Bar No. 156261)
KATHLEEN D. DeVANEY (State Bar No. 156444)
STRADLING YOCCA CARLSON & RAUTH
A Professional Corporation
100 Wilshire Blvd., Suite 440
Santa Monica, CA 90401
Telephone: (424) 214-7000
Facsimile: (424) 214-7010
E-mail: pglassman@sycr.com
lbuchanan@sycr.com
kdevaney@sycr.com
Attorneys for Debtor
City of San Bernardino
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RIVERSIDE DIVISION
In re:
CITY OF SAN BERNARDINO,
CALIFORNIA,
Debtor.
Case No. 6:12-bk-28006-MJ
Chapter 9
MOTION FOR ORDER APPOINTING RUST
CONSULTING/OMNI BANKRUPTCY, A
DIVISION OF RUST CONSULTING, INC., AS
CLAIMS, NOTICING AND BALLOTING
AGENT PURSUANT TO 28 U.S.C. 156(c)
AND RULE 2002 OF THE FEDERAL RULES
OF BANKRUPTCY PROCEDURE;
DECLARATION OF BRIAN K. OSBORNE IN
SUPPORT THEREOF
Date:
Time:
Place:
Case 6:12-bk-28006-MJ Doc 47 Filed 08/09/12 Entered 08/09/12 22:31:27 Desc
Main Document Page 1 of 19
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
The City of San Bernardino, California, (the City), moves the Court pursuant to 28
U.S.C. 156(c) and Rule 2002 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy
Rules), to appoint Rust Consulting/Omni Bankruptcy, a Division of Rust Consulting, Inc. (the
Noticing Agent), as the claims, noticing and balloting agent in the Citys bankruptcy case, as
follows:
A. Procedural Posture.
1. On August 1, 2012 (the Filing Date), the City filed a voluntary petition for relief
under chapter 9 of title 11 of the United States Code, 11 U.S.C. 101-1532 (the Bankruptcy
Code).
2. The City is a municipality in the State of California.
3. No official committee of unsecured creditors has been appointed in the Citys chapter
9 case.
B. Citys Background.
4. Concurrent with the filing of this Motion, the City is filing the Motion For Entry Of
An Order (1) Directing And Approving Form Of Notice; And (2) Setting Deadline For Filing
Objections To Petition (Case Notice and Objection Deadline Motion), which contains a thorough
description of the City, its debt structure and the events leading up to the commencement of the
Citys chapter 9 case.
C. Background on Retention of the Noticing Agent.
5. This Motion is supported by the attached Declaration of Brian K. Osborne, who is the
President of the Noticing Agent. Attached to that declaration as Exhibit A are the Declaration to be
Filed with Motion Establishing Administrative Procedures Re 28 U.S.C. 156(c) and a completed
Mega Case Procedures Checklist (Checklist) pursuant to Local Bankruptcy Rule 5075-1.
6. The Noticing Agent is not a creditor in the Citys case.
7. The Noticing Agent shall be subject to the consent and approval of the Clerk of
Court.
8. The Noticing Agent shall be at the expense of and be paid directly by the Debtor.
9. The Noticing Agent shall be under the supervision and control of the Clerk of Court
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
but not be an employee of the United States government.
10. The Noticing Agent shall waive any rights to receive compensation from the United
States government in its capacity as Agent in this case.
11. The Noticing Agent shall not employ any past or present employees of the Debtor in
connection with its work as the Agent in this case unless otherwise approved by the Clerk of Court.
12. The Noticing Agent shall maintain copies of all proofs of claim or interest at a
location other than where the originals are maintained.
13. The Noticing Agent shall implement security measures to ensure the completeness
and integrity of the claims registers as approved by the Clerk of Court.
14. The Noticing Agent shall transmit to the Clerk of Court a copy of the claims registers
every week or as frequently as requested by the Clerk of Court.
15. The Noticing Agent shall provide a proof of claim viewing area without charge
during normal business hours (8:30 a.m.-5:30 p.m. Pacific Time) at 5955 DeSoto Avenue, Suite 100,
Woodland Hills, CA 91367.
16. The Clerk of Court shall be entitled to inspect the Agents premises at anytime.
17. The Noticing Agent shall audit the claims information periodically to satisfy the
Clerk of Court that the claims information is being appropriately and accurately recorded in the
Courts claims register.
18. The Clerk of Court shall be able to independently audit the claims information at any
time.
19. The party submitting a particular pleading or other document with the Court shall be
responsible for all noticing and service functions relevant to the particular matter as may be required
under applicable rules and shall file with the Clerk of Court a declaration of service regarding such
noticing and service.
20. The attorney for a party submitting a proposed order or judgment shall serve copies
upon all parties entitled to receive notice of the entry of the order or judgment as soon as practicable.
The attorney shall be responsible for photocopying the conformed copies in order to relieve the
Clerks Office from the large burden of photocopying orders.
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
21. The Debtor shall be directly responsible for the cost of any additional space or
equipment such as designated telephone lines and automation equipment, etc., if necessary.
22. The Debtor shall be responsible for payment for the designated post office boxes (if
any) retained for receiving filings in this case.
SUMMARY OF RELIEF REQUESTED
23. The potential creditor pool in the Citys case is vast, with over 200,000 people
residing in the City and with over 5,000 parties expected to be on mailing matrix. Given the size of
the Citys mailing matrix, it would be impracticable and inefficient for the City and the Court to
undertake the task of sending notices to the creditors and other parties in interest. Moreover,
appointing the Noticing Agent to maintain a claims register and process claims and ballots will
greatly decrease the costs and burdens of administering the Citys case and will improve the accuracy
and efficiency of the noticing, claims allowance, and solicitation processes. Accordingly,
appointment of the Noticing Agent is in the best interests of the City, the Citys creditors, and the
Court.
JURISDICTION AND NOTICE
24. The City brings its motion (the Motion) pursuant to Section 901(a) of the
Bankruptcy Code, 28 U.S.C. 156(c), Bankruptcy Rule 2002, and Local Bankruptcy Rule 5075-1.
25. The Court has jurisdiction over the Motion pursuant to 28 U.S.C. 1334(b). The
Motion is a core proceeding under 28 U.S.C. 157(b)(2). The City will cause a copy of this Motion
to be given by notification of electronic filing on August 9, 2012, or an overnight delivery service on
August 10, 2012, to: (a) the Office of the United States Trustee for the Central District of California;
(b) parties that filed requests for notice or courtesy notification of electronic filing, (c) the parties
listed on the List of Creditors Holding 20 Largest Unsecured Claims, which is being filed
concurrently, and (d) certain parties in interest that are identified on a supplemental proof of service
that will be filed in support of this Motion on August 10, 2012. The City submits that, under the
circumstances, consistent with the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, no
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
other or further notice is required, except notice of the hearing date on this Motion that the Court may
direct.
RELIEF REQUESTED
26. Bankruptcy Rule 2002 governs the notices that must be provided to creditors and
other parties in interest in bankruptcy cases. Bankruptcy Rule 2002 authorizes the Court to direct
that some person other than the Clerk of the Court give notice of the matters arising in a debtors
bankruptcy case.
27. 28 U.S.C. 156(c), which governs the staffing and expenses of bankruptcy courts,
states in pertinent part:
Any court may utilize facilities or services, either on or off the court's
premises, which pertain to the provision of notices, dockets,
calendars, and other administrative information to parties in cases
filed under the provisions of title 11, United States Code, where the
costs of such facilities or services are . . . are not charged to the
United States. The utilization of such facilities or services shall be
subject to such conditions and limitations as the pertinent circuit
council may prescribe.
28 U.S.C. 156(c).
28. The City has solicited proposals for a third-party vendor to serve as claims, noticing,
and balloting agent in its Chapter 9 case. Through this process, the City has solicited and authorized
the engagement of the Noticing Agent because the proposal of the Noticing Agent was the lowest
and best proposal for these services, which the Noticing Agent is very qualified to perform.
29. The City seeks entry of an order authorizing the Noticing Agent to function as claims,
noticing and balloting agent to, among other things: (i) serve as the Courts notice agent to mail
notices to the Debtors creditors and parties in interest, (ii) provide computerized claims, objection
and balloting database services, and (iii) provide expertise, consultation and assistance in claim and
ballot processing and with other administrative information with respect to the Citys bankruptcy
case.
30. As set forth above, the City is expected to have over 5,000 parties on its mailing
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
matrix. The size of the Citys mailing matrix makes it impracticable and inefficient for the Court and
the City to send notices to those parties. The City respectfully submits that the most effective and
efficient manner by which to provide claims administration, notice, and solicitation services in this
case is to authorize the Noticing Agent to act as an agent of the Court for these purposes.
31. Appointing the Noticing Agent to maintain a claims register and to process claims
will greatly decrease the costs and burdens on the Court, which otherwise would maintain its claims
register online and likely would be inundated with mailings and electronic claim filings. Moreover,
appointment of the Noticing Agent will improve the accuracy and efficiency of the claims allowance
process and the solicitation and noticing process.
32. The City has engaged the Noticing Agent to send out certain designated notices and
maintain claims files and a claims and voting register and to perform the other services described
herein. The City believes that such assistance will expedite service of notices and streamline the
claims administration process.
33. The Noticing Agent is well-qualified to provide such services, expertise, consultation
and assistance. The Noticing Agent is a data processing firm that specializes in noticing, claims
processing, voting and other administrative tasks in chapter 11 cases. The Noticing Agent has
assisted and advised numerous chapter 11 debtors in connection with noticing, claims administration
and reconciliation and administration of plan votes. The Noticing Agent has provided identical or
substantially similar services in chapter 11 cases as those necessitated by the Citys chapter 9 case.
34. For the foregoing reasons, the City believes that the authorization of the Noticing
Agent as the claims, noticing, and balloting agent is appropriate and in the best interests of the City,
the Citys creditors, and the Court.
35. The City files this Motion without prejudice to or waiver of its rights pursuant to
Section 904 of the Bankruptcy Code, and nothing herein is intended as or shall be deemed to
constitute the Citys consent pursuant Section 904 of the Bankruptcy Code to this Courts
interference with (a) any of the political or governmental powers of the City, (b) any of the property
or revenues of the City, or (c) the Citys use or enjoyment of any income-producing property.
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
WHEREFORE, the City respectfully requests the Court, pursuant to 28 U.S.C. 156(c) and
Bankruptcy Rule 2002, to enter an order in substantially the same form of the proposed order
attached hereto:
A. Authorizing, nunc pro tunc to the date of this Motion, the Noticing Agent to serve as
claims, noticing, and balloting agent to perform the services described herein; and
B. Providing such other, further or different relief as may be just and proper.
Dated: August 9, 2012 STRADLING YOCCA CARLSON & RAUTH
By: /s/ Paul R. Glassman
Paul R. Glassman
Attorneys for City of San Bernardino, Debtor
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-7-
STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
DECLARATION OF BRIAN K. OSBORNE
I, Brian K. Osborne, declare:
1. I am the president of Rust Consulting/Omni Bankruptcy, a Division of Rust
Consulting, Inc. (the Rust Omni). I have provided services to Rust Omni and firms that
provide similar services for more than 24 years.
2. I make this declaration in support of the Motion For Order Appointing Rust
Omni, A Division Of Rust Consulting, Inc., As Claims, Noticing And Balloting Agent Pursuant
To 28 U.S.C. 156(c) And Rule 2002 Of The Federal Rules Of Bankruptcy Procedure (Claims
Agent Motion). I have personal knowledge of the facts set forth below, and if called as a
witness in this matter, would competently testify thereto.
3. Attached hereto as Exhibit A are the Declaration to be Filed with Motion
Establishing Administrative Procedures Re 28 U.S.C. 156(c) and a completed Mega Case
Procedures Checklist (Checklist).
4. Rust Omni is not a creditor in the Citys case.
5. Rust Omni shall be subject to the consent and approval of the Clerk of Court.
6. Rust Omni shall be at the expense of and be paid directly by the Debtor.
7. Rust Omni shall be under the supervision and control of the Clerk of Court but
not be an employee of the United States government.
8. Rust Omni waives any rights to receive compensation from the United States
government in its capacity as Agent in this case.
9. Rust Omni will not employ any past or present employees of the Debtor in
connection with its work as the Agent in this case unless otherwise approved by the Clerk of
Court.
10. Rust Omni will maintain copies of all proofs of claim or interest at a location
other than where the originals are maintained.
11. Rust Omni will implement security measures to ensure the completeness and
integrity of the claims registers as approved by the Clerk of Court.
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STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
12. Rust Omni will transmit to the Clerk of Court a copy of the claims registers every
week or as frequently as requested by the Clerk of Court.
13. Rust Omni will provide a proof of claim viewing area without charge during
normal business hours (8:30 a.m.-5:30 p.m. Pacific Time) at 5955 DeSoto Avenue, Suite 100,
Woodland Hills, CA 91367.
14. The Clerk of Court shall be entitled to inspect the Agents premises at anytime.
15. Rust Omni will audit the claims information periodically to satisfy the Clerk of
Court that the claims information is being appropriately and accurately recorded in the Courts
claims register.The Clerk of Court shall be able to independently audit the claims information at
any time.
16. The Debtor will be directly responsible for the cost of any additional space or
equipment such as designated telephone lines and automation equipment, etc., if necessary.
17. The Debtor will be responsible for payment for the designated post office boxes
(if any) retained for receiving filings in this case.
18. Based on information and belief, the potential creditor pool in the Citys case is
vast, with over 200,000 people residing in the City and with over 5,000 parties expected to be on
mailing matrix. Given the size of the Citys mailing matrix and my experience with large
bankruptcy cases, I believe that it would be impracticable and inefficient for the City and the
Court to undertake the task of sending notices to the creditors and other parties in interest and
that appointing Rust Omni to maintain a claims register and process claims and ballots will
greatly decrease the costs and burdens of administering the Citys case and will improve the
accuracy and efficiency of the noticing, claims allowance, and solicitation processes.
19. The City solicited proposals for a third-party vendor to serve as claims, noticing,
and balloting agent in its Chapter 9 case. I am advised that the City has solicited and authorized
the engagement of Rust Omni because its proposal was the lowest and best proposal for these
services, which I believe Rust Omni is very qualified to perform.
20. Rust Omni is to function as claims, noticing and balloting agent to, among other
things: (i) serve as the Courts notice agent to mail notices to the Debtors creditors and parties
1 in interest, (ii) provide computerized claims, objection and balloting database services, and (iii)
2 provide expertise, consultation and assistance in claim and ballot processing and with other
3 administrative information with respect to the City's bankruptcy case and to perform the other
4 services set forth in its engagement agreement with the City.
5 21. Based on my experience, appointing Rust Omni to maintain a claims register and
6 to process claims will greatly decrease the costs and burdens on the Court, which otherwise
7 would maintain its claims register online and likely would be inundated with mailings and
8 electronic claim filings, and will improve the accuracy and efficiency ofthe claims allowance
9 process and the solicitation and noticing process.
10 22. I believe that Rust Omni's assistance will expedite service of notices and
11 streamline the claims administration process.
12 23. Rust Omni is well-qualified to provide such services, expertise, consultation and
13 assistance. Rust Omni is a data processing firm that specializes in noticing, claims processing,
14 voting and other administrative tasks in chapter 11 cases. Rust Omni has assisted and advised
15 numerous chapter 11 debtors in connection with noticing, claims administration and
16 reconciliation and administration of plan votes. The Noticing Agent has provided identical or
17 substantially similar services in chapter 11 cases as those necessitated by the City's chapter 9
18 case.
19 I declare under penalty of perjury under the laws of the United States of America that the
20 foregoing is true and correct. Executed on August 8,
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STRADLING YOCCA
CARLSON & RAUTH
-9-
EMERGENCY MOTION FOR AN ORDER
DOCSOC/l576243vl/200430-0003
LAWYERS
NEWPORT BEACH
Exhibit A
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number CHAPTER: 9
CASE NO.: 6:12-bk-28006-MJ
pglassman@sycr.com
STRADLING YOCCA CARLSON & RAUTH, A Professional Corporation
Telephone: (424) 214-7000
Facsimile: (424) 214-7010
CASE NAME:
In re: City of San Bernardino, California
MEGA CASE PROCEDURES CHECKLIST
Estimate of:
over
Number of Creditors
5,000 + Assets $1, ooo, ooo, ooo. oo
Number of Claims to be filed
Number of Pleadings to be filed
unknown
unknown
unknown Number of Adversary Proceedings to be filed
It is proposed the following will be employed by the estate (check all that apply):
Noticing AgenVCiaims Processor __ .,..._ Estate Clerk___ Independent Printer ___ Other-------
Instructions: Mark either the "YES or "NOn box for each question listed in this declaration. For each question that a
"NO" box is marked (other than question 1, 20 or 30), an explanation must be provided on the
"COMMENTS" page.
I. Noticing Agent/Claims Processor
Delegation of Noticing/Claims Service Functions - The noticing/claims agent ("Agent") maintains the claims docket for the
Court and performs all claims functions required by statute. The noticing/claims agent also maintains a database of all
creditors in the case and sends notices to these creditors, as requested by the Court.
YES NO
0 D
1

D 0 2.
0 D 3.
Are you proposing the estate hire a Noticing AgenVCiaims Processor? (If no, skip to Section II.)
Is the price list attached to the motion and are the service charges fair and reasonable?
Does the motion state the Debtor has surveyed or solicited bids from different claims processing and
noticing agents before designating a proposed agent?
3a. If no, what criteria was used to select the agent?
0 D
4

0 D s.
~ D 6.
June 19, 2003
Does the motion state the Agent is not a creditor in the case?
Does the motion state the Agent shall be subject to the consent and approval of the Clerk of Court?
Does the motion state the Agent shall be at the expense of the estate and be paid directly by the
Debtor?
YES NO
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7.
8.
9.
10.
11.
12.
13.
Mega Case Procedures Checklist - Page 2 of 5
Does the motion state the Agent shall be under the supervision and control of the Cl erk of Court but
not be an employee of the United States government?
Does the motion state the Agent shall waive any rights to receive compensation from the United
States government in its capacity as Agent in this case?
Does the motion state the Agent shall not employ any past or present employees of the Debtor in
connection with its work as the Agent in this case unless otherwise approved by the Clerk of Court?
Does the motion state the Agent shall maintain copies of all proofs of claim or interest at a location
other than where the originals are maintained?
Does the motion state the Agent shall implement security measures to ensure the completeness and
integrity of the claims registers as approved by the Clerk of Court?
Does the motion state the Agent shall transmit to the Clerk of Court a copy of the claims registers
every week or as frequently as requested by the Clerk of Court?
Does the motion state the Agent shall provide a proof of claim viewing area without charge during
normal business hours (9:00 a.m.-4:00 p.m. Pacific Time)?
13a. In what city is the viewing area located? (provide address) 16501 Ventura Boulevard, Encino,
California 91436
D 14.
D 1s.
Does the motion state the Clerk of Court shall be entitled to inspect the Agent's premises at anytime?
Does the moti on state the Agent shall audit the claims information periodically to satisfy the Clerk of
Court that the claims information is being appropriately and accurately recorded in the Court's claims
register?
IV I D 16. Does the motion state the Clerk of Court shall be able to independently audit the claims information
at anytime?
II. Motions and Other Pleadings
~ D 11. Does the motion state the party submitting a particular pleading or other document with the Court
shall be responsible for all noticing and service functions relevant to the particular matter as may be
required under applicable rules and shall file with the Clerk of Court a declaration of service regarding
such noticing and service?
Ill. Notice of Entry of Order or Judgment
IV I D 18. Does the motion state the attorney for the party submitting the proposed order or judgment shall serve
copies upon all parties entitled to receive notice of the entry of the order or judgment as soon as
practicable?
D 19.
June 19, 2003
Does the motion state the attorney shall be responsible for photocopying the conformed copies in
order to relieve the Clerk's Office from the large burden of photocopying these orders?
IV. Employment of Special Employees of the Estate (Estate Clerk)
YES NO
D ~
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D D
D D
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20.
21 .
22.
23.
24.
25.
26.
27.
Does the motion state the Debtor shall furnish one or more employees to assist the Clerk's Office in
the administration of this case as the Clerk of Court deems necessary. (If no, skip to Section V.)
The employee shall not be designated as a part-time employee in the motion or order?
Does the motion state the employee of the Estate shall be subject to the consent and approval of the
Clerk of Court?
Does the motion state the employee of the Estate shall be at the expense of the estate and be paid
directly by the Debtor?
Does the motion state the employee of the Estate shall be under the supervision and control of the
Clerk of Court but not be an employee of the United States government?
Does the motion state an employee of the Estate shall waive any rights to receive compensation from
the United States government in its capacity as an employee in this case?
Does the motion state an employee of the Estate shall not be a past or present employee of the
Debtor unless otherwise approved by the Clerk of Court?
Does the motion state an employee of the Estate may perform non-estate functions as the Clerk of
Court deems necessary in exchange for Clerk's Office employees performing court-related docketing
functions for the Estate?
V. Additional Space and Equipment
D IV I 28. Does the motion state the Debtor shall be directly responsible for the cost of any additional space or
equipment such as designated telephone lines and automation equipment, etc., if necessary?
D IV I 29. Does the motion state the Debtor shall be responsible for payment for the designated post office
boxes retained for receiving filings in this case?
VI. Independent Printer
Delegation of Printer Functions- At an offsite location near the Court, the independent printer ("Printer") maintains copies
of all orders, pleadings and other documents filed in the case for inspection by the public during business hours. The
printer also provides copies of these documents and case dockets to the public for a fee.
D ~
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June 19, 2003
30.
31 .
32.
33.
Are you proposing the estate hire a Printer? (If no, skip to the signature section VII.)
Is the Printer located off the Court's premises but in close proximity to the appropriate divisional office
of the Court?
Is the price list attached to the motion and are the service charges fair and reasonable?
Does the motion state the service charges cannot be changed without prior approval from the Clerk
of Court?
YES NO
D D 34. Does the motion state the Debtor has surveyed or solicited bids from different printing services before
designating a proposed printer?
D D
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June 19, 2003
34a. If no, what criteria was used to select the proposed Printer?
35.
36.
37.
38.
39.
40.
41.
41 a.
42.
43.
44.
Does the motion state the Printer shall not be a creditor in the case?
Does the motion state the Printer shall be subject to the consent and approval of the Clerk of Court?
Does the motion state the Printer shall be at the expense of the estate and be paid directly by the
Debtor?
Does the motion state the Printer shall be under the supervision and control of the Clerk of Court but
not be an employee of the United States government?
Does the motion state the Printer shall waive any rights to receive compensation from the United
States government in its capacity as Printer in this case?
Does the motion state the Printer shall not employ any past or present employees of the Debtor in
connection with its work as the Printer in this case unless otherwise approved by the Clerk of Court?
Does the motion state the Printer shall provide a proof of claim viewing area without charge during
normal business hours (9:00 a.m.-4:00 p.m. Pacific Time)?
In what city is the viewing area located? (provide address) --------------
Does the motion state the Printer shall provide the Clerk of Court copies of any document filed in this
case without charge?
Does the motion state the Printer shall implement security measures to ensure the completeness and
integrity of the set of pleadings as approved by the Clerk of Court?
Does the motion state the Clerk of Court shall be entitled to inspect the Printer's premises at anytime?
COMMENTS: If you need additional space, please attach an additional piece of paper.
Item#
2
Comment:
The Debtor believes the service charQes are fair and reasonable and are the lowest
--
and best the Debtor is filing the motion without to or waiver of
its rights to Section 904 of the Code
1
and nothing herein is intended as or
shall be deemed to constitute the Cit:{s consent to Section 904 of the
Code to an:i court's interference with (a} an:i of the political or governmental
powers of the City, (b) any of the property or revenues of the City, or (c) the City's use or
Item# Comment:
enjoyment of any income-producing property
--
Item#
28
Comment:
The Debtor does not contemplate any need for additional space or equipment
--
for this matter.
Item#
29
--
Comment:
If needed, the Debtor shall be responsible for paying for a designated
office box.
Item# Comment:
--
COMMENTS OF THE CLERK'S OFFICE
D The Clerk's Office has no objection.
D The Clerk's Office objects as set forth below.
D Other:
Dated: By:------------------
Signature
Print Name and Title
June 19, 2003
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
January 2009 F 5075-1.1
Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number FOR COURT USE ONLY
CHAPTER:
CASE NO.:
In re:
Debtor(s).
DECLARATION TO BE FILED
WITH MOTION ESTABLISHING
ADMINISTRATIVE PROCEDURES
RE 28 U.S.C. 156(c)
I have obtained the most recent and applicable version of the Mega Case Procedures Checklist from the Clerk of
Court and have consulted with the Clerk or designee. The completed checklist is attached.
I declare under penalty of perjury under the laws of the United States of America that the attached Mega
Case Procedures Checklist is true and correct and that this Declaration was executed on
, , at (city, state).

Print Declarants Name Signature of Declarant
pglassman@sycr.com
STRADLING YOCCA CARLSON & RAUTH
Telephone: (424) 214-7000
Facsimile: (424) 214-7010
9
6:12-bk-28006
CITY OF SAN BERNARDINO, CALIFORNIA
August 9 2012 Santa Monica, California
Paul R. Glassman /s/ Paul R. Glassman
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2012 F 9013-
3.1.PROOF.SERVICEProof of Service/v/-
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
100 Wilshire Blvd., Suite 440, Santa Monica, CA 90401.
A true and correct copy of the foregoing document entitled: MOTION FOR ORDER APPOINTING RUST
CONSULTING/OMNI BANKRUPTCY, A DIVISION OF RUST CONSULTING, INC., AS CLAIMS, NOTICING AND
BALLOTING AGENT PURSUANT TO 28 U.S.C. 156(c) AND RULE 2002 OF THE FEDERAL RULES OF
BANKRUPTCY PROCEDURE; DECLARATION OF BRIAN K. OSBORNE IN SUPPORT THEREOF will be served or was
served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated
below:
1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On August
9, 2012, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the
following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:
Jerrold Abeles abeles.jerry@arentfox.com
Joseph M Adams jadams@lawjma.com
Andrew K Alper aalper@frandzel.com, efiling@frandzel.com;ekidder@frandzel.com
Thomas V Askounis taskounis@askounisdarcy.com
Anthony Bisconti tbisconti@bmkattorneys.com
J Scott Bovitz bovitz@bovitz-spitzer.com
Jeffrey W Broker jbroker@brokerlaw.biz
Deana M Brown dbrown@milbank.com
Michael J Bujold Michael.J.Bujold@usdoj.gov
Alex Darcy adarcy@askounisdarcy.com
Susan S Davis sdavis@coxcastle.com
Paul R. Glassman pglassman@sycr.com
Everett L Green everett.l.green@usdoj.gov
James A Hayes jhayes@cwlawyers.com
M Jonathan Hayes jhayes@hayesbklaw.com,
roksana@hayesbklaw.com;carolyn@hayesbklaw.com;elizabeth@hayesbklaw.com
Bonnie M Holcomb bonnie.holcomb@doj.ca.gov
Whitman L Holt wholt@ktbslaw.com
Steven J Katzman SKatzman@bmkattorneys.com
Gregory A Martin gmartin@winston.com
Scott H Olson solson@seyfarth.com
Dean G Rallis drallis@sulmeyerlaw.com
Kenneth N Russak krussak@frandzel.com, efiling@frandzel.com;dmoore@frandzel.com
Gregory M Salvato gsalvato@salvatolawoffices.com, calendar@salvatolawoffices.com
Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com
United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov
Anne A Uyeda auyeda@bmkattorneys.com
Annie Verdries verdries@lbbslaw.com
Brian D Wesley brian.wesley@doj.ca.gov
Service information continued on attached page
2. SERVED BY UNITED STATES MAIL:
On ____________, I served the following persons and/or entities at the last known addresses in this bankruptcy case or
adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class,
postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will
be completed no later than 24 hours after the document is filed.
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2012 F 9013-
3.1.PROOF.SERVICEProof of Service/v/-
3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on August 9, 2012, I served the
following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to
such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration
that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is
filed.
Honorable Meredith A. Jury (Personal Delivery)
U.S. Bankruptcy Court
3420 Twelfth Street, Suite 325
Riverside, CA 92501-3819
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
August 9, 2012 Christine Pesis /s/ Christine Pesis
Date Printed Name Signature

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