Case:12-24882-ABC Doc#:399 Filed:08/29/12

Entered:08/29/12 18:40:51 Page1 of 3

UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO

In re CORDILLERA GOLF CLUB, LLC dba The Club at Cordillera, Tax ID / EIN: 27-0331317 Debtor.

Case No. 12-24882 ABC Chapter 11

DEBTORS OBJECTION TO MOTION FOR RECONSIDERATION OF ORDER ON MOTION FOR PROTECTIVE ORDER ENTERED ON AUGUST 29, 2012 The Debtor and Debtor-in-Possession, Cordillera Golf Club, LLC, dba The Club at Cordillera (the Debtor), by its undersigned counsel, files this Objection to the Motion for Reconsideration of Order on Motion for Protective Order Entered on August 29, 2012. In support thereof, the Debtor respectfully states as follows: Debtor has reviewed the motion for reconsideration and believes that it misrepresents Debtor's Motion for Entry of Protective Order (Motion). Contrary to the statement at p. 1, paragraph 2 of the motion for reconsideration, the Debtor's Motion did make clear that the parties in the state court case were acting under an agreed protective order not yet approved by the state court. See Footnote 2 to Debtors. As set forth in Debtors Motion, the Debtor requested that movants bankruptcy counsel agree to the same terms. They refused. The Debtor then filed the Motion seeking a protective order including a redline of the order that the state court attorneys had agreed to, which included the language that the documents produced could only be used in that action. Therefore, the claim that Debtor somehow misled this Court in not advising that bankruptcy counsel could not have access directly to what was produced in the

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Case:12-24882-ABC Doc#:399 Filed:08/29/12

Entered:08/29/12 18:40:51 Page2 of 3

state court is also not accurate. Rather, movants bankruptcy counsel refused to abide by the protective order as a condition of providing the documents necessitating Debtors Motion. This Court further has indicated to the parties that it is not inclined to litigate the issues raised in the state court proceedings in connection with the motion to appoint a trustee in Debtor's bankruptcy case, yet, movants seek to review all of the discovery in that case without any showing of relevance. For the foregoing reasons, movants have not met their burden for reconsideration and vacation of the entered order. The Court's entered order should stand. CONCLUSION WHEREFORE, the Debtor respectfully requests that the Court deny the motion for reconsideration and allow its order to stand. Respectfully submitted, Dated: August 29, 2012 FOLEY & LARDNER LLP /s/ Christopher Celentino Christopher Celentino (CA No. 131688) Mikel Bistrow (CA No. 102978) Dawn A. Messick (CA No. 236941) Admitted Pro Hac Vice 402 West Broadway, Suite 2100 San Diego, California 92101 Telephone: 619-234-6655 Facsimile: 619-234-3510 Email: ccelentino@foley.com Email: mbistrow@foley.com Email: dmessick@foley.com Counsel for Debtor and Debtorin-Possession -and-

Case:12-24882-ABC Doc#:399 Filed:08/29/12

Entered:08/29/12 18:40:51 Page3 of 3

SENDER & WASSERMAN, P.C. Harvey Sender, #7546 1660 Lincoln Street, Suite 2200 Denver, CO 80264 Telephone: 303-296-1999 Facsimile: 303-296-7600 Email: sender@sendwass.com Counsel for Debtor and Debtor-in-Possession