Wisconsin Eastern Bankruptcy Court

Motion to Pay Jerome R Kerkman a Post-Petition Security Deposit for Subchapter V Trustee Fees with Notice of Motion filed by Jerome R Kerkman of Kerkman & Dunn on behalf of Trustee Jerome R Kerkman. Objections due by 7/24/2023. (Attachments: # 1 Notice of Motion # 2 Proposed Order) (Kerkman, Jerome) (Entered: 07/05/2023)

BNC Certificate of Mailing - PDF Document (RE: 62 Court Minutes and Order (Chambers)). Notice Date 07/02/2023. (Admin.) (Entered: 07/02/2023)

Court Minutes and Order From Hearing Held on June 27, 2023 RE: 1. Section 1188(a) Status Conference; 2. Epic Systems Corporation's Rule 2004 Motion for Examination and Production of Documents; and 3. Medix Staffing Solutions Inc.'s Joinder to Epic Systems Corporation's Rule 2004 Motion for Examination and Production of Document (RE: 43, 55, 59). (jam, Deputy Clerk) (Signed: 06/30/2023) (Entered: 06/30/2023)

PDF with attached Audio File. Court Date & Time [ 06/27/2023 3:38:13 PM ]. File Size [ 28269 KB ]. Run Time [ 00:58:54 ]. (Section 1188(a) Status Conference). (admin). (Entered: 06/27/2023)

Certificate of Service filed by Devon J. Eggert on behalf of Medix Staffing Solutions, Inc.. (RE: 59 Joinder Motion (RE: 55 Chapter 11 Motion In Re: 2004 Examination Motion for an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examination of Debtor NOVO Health Technology Group, LLC and Directing Production of Documents)). (Eggert, Devon) (Entered: 06/27/2023)

Joinder Motion (RE: 55 Chapter 11 Motion In Re: 2004 Examination Motion for an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examination of Debtor NOVO Health Technology Group, LLC and Directing Production of Documents) filed by Devon J. Eggert of Beck, Chaet, Bamberger & Polsky, S.C. on behalf of Creditor Medix Staffing Solutions, Inc.. (Eggert, Devon) (Entered: 06/27/2023)

This involuntary chapter 11, subchapter V, case was commenced on April 4, 2023. The court entered an order for relief on May 3, 2023. The statutorily mandated section 1188 conference is scheduled for tomorrow, Tuesday, June 27 at 3:30 p.m. The debtor's section 1188 preconference report asserts that the debtor's ability to propose a consensual plan and, perhaps, file a plan by August 1, that is, within the deadline set by section 1189(b), depends on its ability to resolve its disputes with Epic Systems Corp. The report represents that those "parties' counsel have been engaged in discussions seeking to resolve the dispute." ECF no. 48 at 1.

Last Friday, June 23, Epic filed a motion under Rule 2004 seeking authorization to serve the debtor with requests for production of documents and depose the debtor's corporate representative. In compliance with this court's local rule, Epic served the motion with notice of a 14-day objection deadline, which sets the objection deadline as July 7, though the motion seeks an order requiring the production of documents on July 10 and a July 17 deposition to be taken live at Quarles & Brady's Madison office -- a location that seems selected purely for the convenience of the creditor and its counsel while almost certainly imposing unnecessary administrative expense on the Fox Valley-based debtor and its Oshkosh-based counsel.

At all events, under these circumstances there is no just reason to delay adjudication of the Rule 2004 motion, and the court anticipates adjudicating that motion at the June 27 hearing, unless, before that hearing, the debtor and Epic reach an agreement and file a stipulation and proposed order governing the extent to which the debtor will comply with Epic's Rule 2004 requests. If those parties have not reached such an agreement by start of the June 27 hearing, they should be prepared to address Epic's motion in detail, including arguing the appropriate scope of each document request, at that hearing.

Counsel for Epic, as well as the debtor, must appear in person or by telephone at the June 27 hearing. To appear by telephone, you must call the court conference line at 1-888-684-8852, and enter access code 7183566 before the scheduled hearing time

s/ G. Michael Halfenger
Chief Bankruptcy Judge

(RE: 55 Chapter 11 Motion In Re: 2004 Examination Motion for an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examination of Debtor NOVO Health Technology Group, LLC and Directing Production of Documents). (Halfenger, G.) (Entered: 06/26/2023)

Amended Disclosure of Compensation of Attorney on behalf of the Debtor amended to clarify / correct source of retainer payment filed by John W. Menn on behalf of NOVO Health Technology Group, LLC. (Menn, John) (Entered: 06/26/2023)

Notice of Motion for Order Pursuant to Bankruptcy Rule 2004 Authorizing Examination of Debtor NOVO Health Technology Group, LLC and Directing Production of Documents filed by Creditor Epic Systems Corporation (RE: 55 Chapter 11 Motion In Re: 2004 Examination Motion for an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examination of Debtor NOVO Health Technology Group, LLC and Directing Production of Documents). Objections due by 7/7/2023. (Ogden, Brittany) (Entered: 06/23/2023)

Chapter 11 Motion In Re: 2004 Examination Motion for an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examination of Debtor NOVO Health Technology Group, LLC and Directing Production of Documents and Certificate of Service filed by Brittany S. Ogden of Quarles & Brady LLP on behalf of Creditor Epic Systems Corporation. (Attachments: # 1 Exhibit A-Document Requests) (Ogden, Brittany) (Entered: 06/23/2023)