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    Et Al., 1: "Motion")

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    Chapter 11 Dockets
    This document is a certificate of no objection filed in the United States Bankruptcy Court for the District of Delaware regarding Perkins & Marie Callender's Inc. and its affiliated debtors. It certifies that as of December 23, 2011, the filer received no answer, objection or response to a previously filed motion seeking leave to file an objection to a proof of claim under seal. The filer requests that an order approving the motion be entered.

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    Et Al., 1: "Motion")

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    Chapter 11 Dockets
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    This document is a certificate of no objection filed in the United States Bankruptcy Court for the District of Delaware regarding Perkins & Marie Callender's Inc. and its affiliated debtors. It certifies that as of December 23, 2011, the filer received no answer, objection or response to a previously filed motion seeking leave to file an objection to a proof of claim under seal. The filer requests that an order approving the motion be entered.

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    This document is a certificate of no objection filed in the United States Bankruptcy Court for the District of Delaware regarding Perkins & Marie Callender's Inc. and its affiliated debtors. It certifies that as of December 23, 2011, the filer received no answer, objection or response to a previously filed motion seeking leave to file an objection to a proof of claim under seal. The filer requests that an order approving the motion be entered.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    47 views9 pages

    Et Al., 1: "Motion")

    Uploaded by

    Chapter 11 Dockets
    This document is a certificate of no objection filed in the United States Bankruptcy Court for the District of Delaware regarding Perkins & Marie Callender's Inc. and its affiliated debtors. It certifies that as of December 23, 2011, the filer received no answer, objection or response to a previously filed motion seeking leave to file an objection to a proof of claim under seal. The filer requests that an order approving the motion be entered.

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    Attribution Non-Commercial (BY-NC)
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    Download as pdf or txt
    of 9

    IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDER'S INC.

    , et al.,1 Debtors. Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)


    Objection Deadline: December 21, 2011 at 4:00 p.m. (ET) Hearing Date: December 28, 2011 at 4:00 p.m. (ET)

    CERTIFICATE OF NO OBJECTION TO THE MOTION FOR LEAVE TO FILE OBJECTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO PROOF OF CLAIM NO. 1754 FILED BY OMEGA TRUST UNDER SEAL [DOCKET NO. 13681 The undersigned hereby certifies that, as of the date hereof, he has received no answer, objection or other responsive pleading to the Motion for Leave to File Objection of the Official Committee of Unsecured Creditors to Proof of Claim No. 1754 Filed by Omega Trust Under Seal [Docket No. 1368] (the "Motion") filed on November 30, 2011. Pursuant to the Notice of Motion, objections to the Motion were to be filed and served no later than December 21, 2011 at 4:00 p.m. (ET). It is hereby respectfully requested that the proposed form of Order attached hereto as

    Exhibit A be entered at the Court's earliest convenience.


    Dated: December 23, 2011 Wilmington, Delaware LANDIS RATH & COBB LLP

    it E. Chipman, Jr. (No. 3818) Mark D. Olivere (No. 4291) 919 Market Street, Suite 1800 Wilmington, Delaware 19801 (302) 467-4400 Telephone: (302) 467-4450 Facsimile: Counsel for the Official Committee of Unsecured Creditors

    1 The Debtors, together with the last four digits of each Debtor's federal tax identification number are: Perkins & Marie Callender's Inc. (4388); Perkins & Marie Callender's Holding Inc. (3999); Perkins & Marie Callender's Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119.
    {894.001-W0018575.}

    EXHIBIT A

    IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDER'S INC., Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)
    Ref. No. 1368

    et al.,'
    Debtors.

    ORDER GRANTING MOTION FOR LEAVE TO FILE OBJECTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO PROOF OF CLAIM NO. 1754 FILED BY OMEGA TRUST UNDER SEAL Upon consideration of the Official Committee of Unsecured Creditors (the

    "Committee")2 of Perkins & Marie Callender's Inc. ("PMCI") and its affiliated debtors
    (collectively, and together with PMCI, the "Debtors"), Motion for Leave to File Objection of the Official Committee of Unsecured Creditors to Proof of Claim No. 1754 Filed by Omega Trust and Related Exhibits Under Seal (the "Motion"); and the Court having jurisdiction to hear the Motion; and it appearing that sufficient notice of the Motion has been given; and it appearing that the relief requested by the Motion is in the best interests of the Debtors and other parties-ininterest; and good cause having been shown, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that the Committee is authorized to file a redacted version of the Objection, which will exclude the Confidential Information; and it is further

    1 The Debtors, together with the last four digits of each Debtor's federal tax identification number are: Perkins & Marie Callender's Inc. (4388); Perkins & Marie Callender's Holding Inc. (3999); Perkins & Marie Callender's Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119.
    2

    All capitalized terms not herein defined shall have the same meaning as ascribed to them in the Motion.

    ORDERED that the Committee is authorized to file an unredacted Objection under seal, and it is further ORDERED that to the extent necessary, the Committee, and responding parties to the Objection, are authorized to file future pleadings redacted and under seal in the Debtors' cases, to the extent they contain confidential information, and directing that they remain confidential, redacted, protected under seal, and not made available to any person or entity other than the Court, the Settlement Parties and their counsel, and the United States Trustee, unless otherwise ordered by the Court or agreed to by the Settlement Parties ORDERED that the Court shall retain jurisdiction to hear and determine all maters arising from or related to the implementation of this Order. , 2011 Dated: December Wilmington, Delaware The Honorable Kevin Gross Chief Judge, United States Bankruptcy Court

    IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDER'S INC., et al., Debtors. Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)

    AFFIDAVIT OF SERVICE

    STATE OF DELAWARE ) ) SS NEW CASTLE COUNTY ) Michelle M. Dero, being duly sworn according to law, deposes and says that she is employed by the law firm of Landis Rath & Cobb LLP, counsel for the Official Committee of Unsecured Creditors of Perkins & Marie Callender's Inc. in the above-referenced cases, and on the 23 rd day of December, 2011, she caused copies of the following: CERTIFICATE OF NO OBJECTION TO THE MOTION FOR LEAVE TO FILE OBJECTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO PROOF OF CLAIM NO. 1754 FILED BY OMEGA TRUST UNDER SEAL to be served upon the parties identified on the attached service list in the manner indicated.

    Michelle M. Dero SWORN TO AND SUBSCRIBED before me this 23"1 day of December, 2011.

    Notary P b c

    My commission expires ikAnrch 5, 2014

    THY: A. ADAMS NOTARY PUBLIC STATE OF DELAWARE

    {894.001-W0018662.)

    IN RE PERKINS a MARIE CALLENDER'S INC. BANKRUPTCY CASE NO. 11-11795 (KG) SERVICE LIST/LABELS
    Hand Delivery = 15 First Class = 95

    Via Hand Delivery


    (Counsel for National Retail Properties, Inc.) Christopher P. Simon, Esquire Kevin S. Mann, Esquire Cross Et Simon, LLC 913 North Market Street, 11 th Floor Wilmington, DE 19801

    Via Hand Delivery Via Hand Delivery


    (Counsel for Debtors) Robert S. Brady, Esquire Robert F. Poppiti, Jr., Esquire Young Conaway Stargatt Et Taylor LLP The Brandywine Building 1000 West Street, 17 th Floor Wilmington, DE 19801 (Counsel for Kimco Realty Corporation) Rachel B. Mersky, Esquire Monzack Mersky McLaughlin and Browder, P.A. 1201 North Orange Street, Suite 400 Wilmington, DE 19801

    Via Hand Delivery


    (Counsel for Wayzata Investment Partners LLC) David W. Carickhoff, Esquire Stanley B. Tarr, Esquire Blank Rome LLP 1201 Market Street, Suite 800 Wilmington, DE 19801

    Via Hand Delivery


    (Counsel for Inland Pacific Property Services LLC) Karen C. Bifferato, Esquire Christine M. Thompson, Esquire Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 North Orange Street Wilmington, DE 19801

    Via Hand Delivery


    (Counsel for Wells Fargo Capital Finance, LLC) Richard W. Riley, Esquire Duane Morris LLP 222 Delaware Avenue, Suite 1600 Wilmington, DE 19801-1659

    Via Hand Delivery


    (Counsel for Centro Properties Group) Tobey M. Daluz, Esquire Leslie Heilman, Esquire 919 Market Street, 11 th Floor Wilmington, DE 19801

    Via Hand Delivery


    Richard Schepacarter, Esquire Office of the United States Trustee 844 King Street, Suite 2207 Wilmington, DE 19801

    Via Hand Delivery


    Division of Unemployment Insurance Attn: Officer, General or Managing Agent Department of Labor 4425 North Market Street Wilmington, DE 19802

    Via Hand Delivery


    Ellen Slights, Assistant United States Attorney Office of the United States Attorney 1007 Orange Street, Suite 700 Wilmington, DE 19801

    Via Hand Delivery State of Delaware - Division of Revenue 820 North French Street, 8 th Floor Wilmington, DE 19801

    Via Hand Delivery Via Hand Delivery


    (Counsel for the Omega Entities) John D. Demmy, Esquire Stevens Et Lee, P.C. 1105 North Market Street, 7 th Floor Wilmington, DE 19801 (Counsel for Wisconsin Electric Power Company and Wisconsin Gas, LLC d/b/a WE Energies) Stuart M. Brown, Esquire Michelle E. Marino, Esquire DLA Piper LLP (US) 919 North Market Street, Suite 1500 Wilmington, DE 19801

    Via First Class Mail Via Hand Delivery


    (Counsel for the Tri-State House of Pancakes) Kevin J. Mangan, Esquire Womble Carlyle Sandridge Et Rice, PLLC 222 Delaware Avenue, Suite 1501 Wilmington, DE 19801 Eva Holtz Vlachynsky, Special Assistant Attorney General State of Missouri - Department of Revenue General Counsel's Office 301 West High Street, Room 670 P.O. Box 475 Jefferson City, MO 65105-0475

    Via First Class Mail


    (Counsel for the Tri-State House of Pancakes) Roger W. Damgaard, Esquire Woods, Fuller, Shultz Et Smith P.C. P.O. Box 5027 Sioux Falls, SD 57117-5027

    Via First Class Mail Dun Et BradStreet c/o Receivable Management Services Attn: Ronald L. Rowland, Agent 307 International Circle, Suite 270 Hunt Valley, MD 21030

    Via First Class Mail


    (Counsel for the Omega Entities) James A. Rubenstein, Esquire Moss Er Barnett 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402

    Via First Class Mail


    (Counsel for Wisconsin Electric Power Company and Wisconsin Gas, LLC d/b/a WE Energies) Dale K. Cathell, Esquire DLA Piper LLP (US) 6225 Smith Avenue Baltimore, MD 21209

    Via First Class Mail


    (Counsel for U.S. Foodservice, Inc.) Jeffrey C. Hampton, Esquire Melissa W. Rand, Esquire Saul Ewing LLP Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102

    Via First Class Mail Sweetner Supply Corp. Attn: Dan Rissenberg P.O. Box 848 Aurora, IL 60507-0848

    Via First Class Mail


    (Counsel for AEI Fund Management, Inc.) John M. Koneck, Esquire Fredrikson Et Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402-1425

    Via First Class Mail AIReS 6 Penn Center West, Suite 200 Pittsburgh, PA 15276

    Via First Class Mail


    Kevin Eide, Esquire Akin Gump Strauss Hauer & Feld LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW Washington, DC 20036

    Via First Class Mail Ballas Egg Product Corp. Attn: Craig Ballas PO Box 663881 Indianapolis, IN 46266

    Via First Class Mail


    (Counsel for BICO Associates GP; Betz Investco GP) Russell W. Savory, Esquire Gotten, Wilson, Savory Et Beard, PLLC 88 Union Avenue, 14th Floor Memphis, TN 38103

    Via First Class Mail Bimbo Bakeries USA Inc. Attn: Jim Stone File 52176 Los Angeles, CA 90074

    Via First Class Mail


    (Counsel for Centro Properties Group) David L. Pollack, Esquire Jeffrey Meyers, Esquire Ballard Spahr LLP 51st Floor - Mellon Bank Center 1735 Market Street Philadelphia, PA 19103

    Via First Class Mail


    (Counsel for City of Waco, Waco Independent School District) Michael Reed, Esquire McCreary, Veselka, Bragg & Allen, P.C. P.O. Box 1269 Round Rock, TX 78680

    Via First Class Mail Via First Class Mail Cremes Unlimited Inc. Attn: John Evans 39633 Treasury Center Chicago, IL 60894
    (Counsel for Daly City Serramonte Center, LLC; Irvine Company, LLC) Ernie Zachary Park, Esquire Bewley, Lassleben Et Miller, LLP 13215 East Penn Street, Suite 510 Whittier, CA 90602-1797

    Via First Class Mail Delaware Secretary Of State - Division of Corporations Franchise Tax Attn: Officer, General or Managing Agent P.O. Box 898 Dover, DE 19903

    Via First Class Mail Duck Delivery Produce Attn: Derek Delandro 8448 NE 33rd Drive, Suite 120 Portland, OR 97211

    Via First Class Mail Via First Class Mail


    Ecolab Pest Elimination Division Attn: Richard Hoofer PO Box 6007 Grand Forks, ND 58206-6007 (Counsel for DDR Corp. and Regency Centers, L.P.) Robert L. LeHane, Esquire Gilbert R. Saydah Jr., Esquire Kelley Drye Et Warren LLP 101 Park Avenue New York, New York 10178

    Via First Class Mail


    Edward P. Zujkowskl, Esquire Emmet, Marvin Et Martin LLP 120 Broadway, 32n d Floor New York, NY 10271

    Via First Class Mail Engauge Total Attn: Nick Bandy 375 North Front Street, Suite 40 Columbus, OH 43215

    Via First Class Mail Fleischmann's Yeast Inc. Attn: Rice Pashia 4776 Collections Center Drive Chicago, IL 60693

    Via First Class Mail


    Jean Marie Breen, Esquire Pension Benefit Guaranty Corporation Office of the Chief Counsel 1200 K Street, N.W., Suite 340 Washington, D.C. 20005-4026

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