Case:12-24882-ABC Doc#:355 Filed:08/10/12

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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) CORDILLERA GOLF CLUB, LLC ) dba The Club at Cordillera, ) ) Debtor. )

Case No. 12-24882 (ABC) Chapter 11

MOTION TO SHORTEN TIME FOR PRODUCTION OF DOCUMENTS REQUESTED PURSUANT TO THE FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO THE DEBTOR IN REGARD TO THEIR MOTION TO APPOINT A CHAPTER 11 TRUSTEE [DOCKET NO. 235] AND THE DEBTORS OBJECTION THERETO [DOCKET NO. 343]

Cheryl M. Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin B. Allen, as representatives of a certified class in Case Number 11CV552, pending in the District Court of Eagle County, Colorado (collectively, Member Representatives), by their attorneys Appel & Lucas, P.C, pursuant to Rule 7034(2)(A) of the Federal Rules of Bankruptcy Procedure, hereby moves the Court to shorten the time for production of documents by the Debtor pursuant to the First Request for Production of Documents to Cordillera Golf Club, LLC d/b/a the Club at Cordillera (the Debtor) in regard to their Motion to Appoint A Chapter 11 Trustee [Docket No. 235] and the Debtors objection thereto [Docket No. 343]. This Motion request that the time for the Debtor to produce the requested documents (at the offices of Appel & Lucas, P.C., 1660 Seventeenth Street, Suite 200, Denver Colorado, 80202) be reduced from thirty (30) days to three (3) days. In support of this Motion, the Member Representatives state as follows: BACKGROUND 1. The Debtor filed a voluntary petition under chapter 11 of the United States Bankruptcy Code on June 26, 2012 (the Petition Date) in the United States Bankruptcy Court for the district of Delaware. Venue was transferred to the Bankruptcy Court for the District of Colorado, by Order dated July 16, 2012. 2. On July 24, 2012 the Member Representatives filed a motion requesting appointment of a chapter 11 trustee pursuant to 11 U.S.C. 1104(a)(1) and (2) (the Trustee Motion) [Docket No. 235]. The Trustee Motion was joined by the Official Committee of Unsecured Creditors [Docket No. 341] and the Cordillera Metropolitan District and the

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Cordillera Property Owners Association, Inc. [Docket No. 342]. An opposition to the Trustee Motion was filed by the Debtor [Docket No. 343] which was joined by David Wilhelm [Docket No. 344]. The Trustee Motion is therefore a contested matter under Bankruptcy Rule 9014. 3. The Member Representatives commenced a (now-certified) Class Action Lawsuit in June 2011, against the Debtor, Wilhelm, Patrick Wilhelm (Wilhelms son) and several Wilhelm-controlled entities in the District Court for Eagle County, Colorado, which has been assigned case number 2011 CV 552 (The Member Lawsuit). Over objection of the Defendants in the Member Lawsuit, the Eagle County District Court certified a class of members and the Member Representatives are the court-approved representatives of the certified class. 4. There has been substantial discovery and production of documents in the Member Lawsuit. However, the Member Representatives counsel in that case has indicated the parties are operating under an agreement to restrict all produced documents as counsel eyes only until an agreed protective order is entered. Therefore, the state court counsel is unable to share any of the documents produced in that case with the Member Representatives bankruptcy Counsel for use in this case. 5. On July 26, 2012 the undersigned sent an email to Debtors counsel, requesting that they agree to allow the Member Representatives state court counsel to share the documents already produced in the Member Lawsuit in order to avoid the time and expense of duplicating that production in the bankruptcy case. The Debtor has not responded to that simple request. 6. In order to obtain for use in this case the same documents that have already been produced in the Member Lawsuite, the Member Representatives have served the Debtor with a single Request for Production of Documents, pursuant for Federal Rule of Bankruptcy Procedure 7034, today which requests production of: Any and all document which the Debtor has produced to any party in the litigation pending in the District Court for Eagle County, Colorado, case number 2011 CV 552, captioned Plaintiffs: CHERY M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON and KEVIN B. ALLEN individually and on behalf of all others similarly situated, v. Defendants: CORDILLERA GOLF CLUB, LLC, a Delaware limited liability company; CORDILLERA GOLF HOLDINS, LLC a Delaware limited Liability Company; WFP CORDILLERA, LLC a Delaware limited Liability Company, WFP INVESTMENTS, LLC a Delaware limited Liability Company, CGH MANAGER, LLC a Delaware limited Liability Company, DAVID A. WILHELM individually, and PATRICK WILHELM, individually, v. Intervenor-Defendant/Counterclaimant and Cross-Claimant: ALPINE BANK.

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RELIEF REQUESTED 7. Federal Rule of Bankruptcy Procedure 7034(2)(A) provides [t]he party to whom the request is directed must respond in writing within 30 days after being served. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court. 8. The Court should order a shorter time in this case because the documents that are requested have all already been organized and produced by the Debtor in the Member Lawsuit. Thus, the Debtor can produce the same documents to the Member Representatives bankruptcy counsel in electronic form with a few clicks of a mouse. Given the expedited schedule for the hearing on the Trustee Motion, the Member Representatives would be prejudiced by having to wait 30 days to have access to documents that have already been produced. Three days should be more than sufficient time for the Debtor to provide electronic copies of the documents that have already been produced in the in state court case. WHEREFORE, the Member Representatives request relief in accordance with the foregoing, or such other relief as may be proper.

Dated: August 10, 2012 /s/ Shaun A. Christensen Garry R. Appel, Reg. No. 8883 Shaun A. Christensen, Reg. No. 23131 Appel & Lucas, P.C. 1660 17th Street, Ste 200 Denver, CO 80202 Telephone: 303-297-9800 Appelg@appellucas.com Christensens@appellucas.com Attorneys for Cheryl M. Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin B. Allen

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CERTIFICATE OF SERVICE The undersigned certifies that on August 10, 2012, I served by prepaid first class mail, a true and copy of the foregoing on the following: Paul Moss, Esq. Office of U.S. Trustee 999-18th Street, Ste. 1551 Denver, CO 80202 Arthur J. Abramowitz, Esq. Cozen O'Connor, PC Liberty View, Suite 300 457 Haddonfield Road Cherry Hill, NJ 08002 Joseph M. Barry, Esq. Donald J. Bowman, Esq Young Conaway Stargatt & Taylor LLP Rodney Square 1000 North King Street Wilmington, DE 19801 William P. Bowden, Esq. Ashby & Geddes, P .A. 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Brad W. Breslau, Esq. Cozen O'Connor, PC 707 17th Street, Suite 3100 Denver, CO 80202 Mikel Bistrow, Esq. Kathryn M.S. Catherwood, Esq. Christopher Celentino, Esq. Foley Lardner LLP 402 W. Broadway, Suite 2100 San Diego, CA 92101 Dawn Messick, Esq. Matthew J. Riopelle Foley & Lardner LLP 402 W. Broadway, Suite 2100 San Diego, CA 92101 Travis G. Buchanan, Esq. Young Conaway Stargatt & Taylor, LLP 1000 N. King St. Wilmington, DE 19801 Peter A. Cal, Esq. Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, CO 80202 Tobey M. Daluz, Esq. Joshua E. Zugerman, Esq. Ballard Spahr LLP 919 N. Market Street, 11th Floor Wilmington, DE 19801 Carl A. Eklund, Esq. Ballard Spahr, LLP 1225 17th Street, Suite 2300 Denver, CO 80202 Mark L. Fulford, Esq. Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, CO 80202 James J. Holman, Esq. Duane Morris LLP 30 South 17th Street Philadelphia, PA 19103 Ericka F. Johnson, Esq. Matthew P. Ward, Esq. Womble Carlyle Sandridge & Rice, LLP 222 Delaware Avenue, Suite 1501 Wilmington, DE 19801 Kristi A. Katsma, Esq. Dickinson Wright PLLC 500 Woodward Avenue, Suite 4000 Detroit, MI 48226

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Benjamin W. Keenan, Esq. Ashby & Geddes, P.A. 500 Delaware Avenue P.O. Box 1150 Wilmington DE 19899 Michael S. Kogan, Esq. Kogan Law Firm, APC 1901 Avenue of the Stars, Suite 1050 Los Angeles, CA 90067 David L. Lenyo, Esq. Garfield & Hecht, P.C. 601 E. Hyman Ave. Aspen, CO 81611 Vincent J. Marriott, III, Esq. Sara Schindler-Williams, Esq. Ballard Spahr, LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Melissa Maxman, Esq. Cozen O'Connor, PC 1627 I Street, NW, Suite 1100 Washington, DC 20006 Mark Minuti, Esq. Saul Ewing LLP 222 Delaware Ave., Ste. 1200 Wilmington, DE 19899 Erika L. Morabito, Esq. Brittany J. Nelson, Esq. Foley Lardner LLP 3000 K Street, N.W., Suite 600 Washington, DC 20007 Russell L. Munsch, Esq. Zachery Z. Annable, Esq. Joseph J. Wielebinski, Esq. Munsch Hardt Kopf & Harr, P.C. 3800 Lincoln Plaza, 500 N. Akard Street Dallas, Texas 75201-6659

Jay H. Ong, Esq. Munsch Hardt Kopf & Harr, P.C. 600 Congress Ave., Ste. 2900 Austin, Texas 78701-3057 Ricardo Palacio, Esq. Ashby & Geddes, P .A. 500 Delaware avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Jon T. Pearson, Esq. Ballard Spahr 100 North City Parkway, Suite 1750 Las Vegas, NV 89106-4617 Richard W. Riley, Esq. Duane Morris LLP 222 Delaware Avenue, Suite 1600 Wilmington, DE 19801-1659 Harlan W. Robins, Esq. Dickinson Wright PLLC 15 N. 4th Street Columbus, OH 43215 Harvey Sender, Esq. David V. Wadsworth, Esq. Sender & Wasserman, P.C. 1660 Lincoln St., Ste. 2200 Denver, CO 80264 Zachary I. Shapiro, Esq. Richards, Layton & Finger, P.A. One Rodney Square 920 N. King Street Wilmington, DE 19801 Darnien Tancredi, Esq. Cozen O'Connor, PC 1201 N. Market Street, Suite 1400 Wilmington, DE 19801

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Ann Marie Uetz, Esq. Foley & Lardner LLP One Detroit Center 500 Woodward Avenue, Suite 2700 Detroit, Michigan 48226-3489 Gregory W. Werkheiser, Esq. Morris, Nichols, Arsht & Tunnell LLP 1201 N. Market St., 18th Floor P.O. Box 1347 Wilmington, DE 19899-1347 Ronald Wick, Esq. Cozen O'Connor, PC 1627 I Street, NW, Suite 1100 Washington, DC 20006 Risa Lynn Wolf-Smith Clarissa Raney Holland & Hart LLP 555 17th St. Ste. 3200 Denver, CO 80201

Tamara Hoffbuhr Seelman Megan M. Adeyemo GORDON & REES LLP 555 Seventeenth Street, Suite 3400 Denver, CO 80202 John F. Young James T. Markus Markus Williams Young & Zimmermann 1700 Lincoln St., Suite 4000 Denver, Colorado 80203 Evan Stone Jeffrey Rush, M.D. Pacific Medical Buildings 12348 High Bluff Dr, Ste 100 San Diego, CA 92130

Dated: 8/10/2012 /s/ John M. Nunnally

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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) CORDILLERA GOLF CLUB, LLC ) dba The Club at Cordillerra, ) ) Debtor. )

Case No. 12-24882 (ABC) Chapter 11

ORDER GRANTING MOTION TO SHORTEN TIME FOR PRODUCTION OF DOCUMENTS REQUESTED PURSUANT TO THE FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO THE DEBTOR IN REGARD TO THEIR MOTION TO APPOINT A CHAPTER 11 TRUSTEE [DOCKET NO. 235] AND THE DEBTORS OBJECTION THERETO [DOCKET NO. 343] This matter is before the Court upon the Motion of Cheryl M. Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin B. Allen, as representatives of a certified class in Case Number 11CV552, pending in the District Court of Eagle County, Colorado (collectively, Member Representatives), to shorten the time for production of documents by the Debtor pursuant to the First Requests Production of Documents to Cordillera Golf Club, LLC d/b/a the Club at Cordillera (the Debtor) in regard to their Motion to Appoint A Chapter 11 Trustee [Docket No. 235] and the Debtors objection thereto [Docket No. 343] (the Motion). The Court having reviewed the Motion and considered oral argument presented a hearing conducted on August 15, 2012, finds good cause to grant the Motion. Therefore, it is hereby ORDERED that the Motion is GRANTED and the Debtors time to respond to the Member Representatives First Request Production of Documents to Cordillera Golf Club, LLC d/b/a the Club at Cordillera (the Debtor) in regard to their Motion to Appoint A Chapter 11 Trustee [Docket No. 235] and the Debtors objection thereto [Docket No. 343] is hereby shortened to three (3) days following the date of this Order. Dated this ___ day of __________, 2012. BY THE COURT: ______________________________ United States Bankruptcy Judge