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)

MOTION PURSUANT TO DEL. BANKR. L.R. 9006-1(e) FOR AN ORDER SHORTENING TIME FOR NOTICE OF THE HEARING TO CONSIDER APPLICATION AUTHORIZING THE EMPLOYMENT AND RETENTION OF FTI CONSULTING, INC. AS RESTRUCTURING AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO JUNE 28, 2011 The Official Committee of Unsecured Creditors (the "Committee") of the abovecaptioned debtors (the "Debtors"), by and through its proposed undersigned counsel, hereby moves this Court (the "Motion to Shorten"), pursuant to Rule 9006-1(e) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the "Local Rules"), for entry of an order shortening the time for notice to consider Application Pursuant to Fed. R. Bankr. P. 2014(a) for an Order Under Section 1103(a) of Title 11 of the United States Code, 11 U.S.C. 101, et seq. (the "Bankruptcy Code"), Authorizing the Employment and Retention of FTI Consulting, Inc. ("FTI Consulting") as Restructuring and Financial Advisor to the Official Committee of Unsecured Creditors Nunc Pro Tunc to June 28, 2011 (the "FTI Application"). In support of this Motion, the Committee respectfully represents as follows:

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BACKGROUND 1. On June 13, 2011, (the "Petition Date"), the Debtors commenced their

bankruptcy cases (collectively, the "Bankruptcy Case") by filing voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware (the "Court"). The Debtors continue to operate their businesses and manage their properties as a debtors-in-possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 2. On June 24, 2011, the United States Trustee (the "UST") appointed the

Committee. 1 The Committee members include: (a) (b) (c) (d) (e) (f) (g) 3. The Coca-Cola Company; Wilmington Trust Company; Standard General Master Fund LP; News America Marketing; Luna Family Trust; Northgate Station, LP; and Benjamin Monroy.

In addition, on June 24, 2011 the Committee selected Ropes & Gray LLP

("R&G") as its bankruptcy counsel and Landis Rath & Cobb LLP ("LRC") as its co-counsel, pursuant to section 1103 of the Bankruptcy Code. On June 28, 2011, the Committee selected FTI Consulting as its financial advisor. 4. On July 12, 2011, the Committee separately filed applications seeking

authority to retain R&G and LRC as its counsel [Docket Nos. 217, 218] (the "Committee Retention Applications"). The Committee Retention Applications are scheduled for the August

On June 24, 2011, the UST filed the notice of the appointment of the Committee [Docket No. 109], which was subsequently revised on June 28, 2011 [Docket No. 127].
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2, 2011 omnibus hearing (the "August 2nd Hearing"). Objections to the Committee Retention Applications are due by July 26, 2011.

JURISDICTION AND VENUE

5. This Court has jurisdiction over this Motion to Shorten pursuant to 28

U.S.C. 157 and 1334. Venue of this proceeding and this Motion to Shorten is proper in this district pursuant to 28 U.S.C. 1408 and 1409. The statutory predicates for the relief requested herein are sections 105(a) of the Bankruptcy Code and Local Rule 9006-1(e).

RELIEF REQUESTED
6. By this Motion, the Committee seeks authority pursuant to section 105(a)

of the Bankruptcy Code and Local Rule 9006-1(e) to shorten the notice required for a hearing on the FTI Application so that the Application may be heard concurrently with the Committee Retention Applications at the omnibus hearing currently scheduled for August 2, 2011.

BASIS FOR RELIEF

7. Local Rule 9006-1(c) provides for a fourteen (14) day notice period (plus

three (3) days if service is by mail) for motions not otherwise governed by the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") or the Local Rules. Pursuant to Local Rule 9006-1(e), however, such periods may be shortened by Order of the Court upon written motion specifying the exigencies supporting shortening notice. 8. While admittedly not an emergency situation, the Committee seeks to

shorten notice on the FTI Application so that it may be considered concurrently with the pending Committee Retention Applications to facilitate the retention process of the Committee's proposed professionals. Counsel for the Committee has been working diligently with FTI to finalize the FTI Application so it could be heard at the August
2 nd

Hearing, however, the FTI

Application was not finalized until today due to FTI's extensive review of potential connections

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in the case. Having all of the Committee's retention applications heard at the same hearing will streamline the retention process for the Committee and will hopefully save the Debtors' estates the cost and expense of having FTI representatives travel to Delaware to attend multiple hearings. The Committee has consulted with counsel for the Debtors and has been advised that the Debtors do not oppose the relief requested herein. 9. In order for the FTI Application to be heard at the August 2" Hearing on

regular notice, the Committee was required to serve it no later than Friday, July 15, 2011, to provide at least fourteen days notice (plus three (3) days if service is by mail) of the hearing. By this Motion, the Committee is requesting that the Court allow the Committee to shorten the required notice period by one day by allowing the Committee to file and serve the FTI Application on the date hereof to be heard at the August 2 nd Hearing. The Committee has served notice of this Motion to Shorten and the FTI Application: (i) via email, hand delivery on local counsel and overnight mail on the Office of the United States Trustee for the District of Delaware, the Debtors, the Debtors' lenders; and (ii) via U.S. Mail on all other creditors on the Debtors' 2002 service list, providing all parties-in-interest with ample opportunity to object. The Committee submits that granting the relief requested herein will not unduly prejudice any party. 10. Local Rule 9006-1(e) grants this Court the authority to order that a motion

be heard on less notice than is required by the Bankruptcy Rules, and provides that the Court may rule on a motion for the same "promptly without need for a hearing." Additionally, section 105(a) of the Bankruptcy Rules provides that the Court "may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title." Together, Local Rule 9006-1(e) and section 105(a) of the Bankruptcy Code provide ample authority for the Court to grant this Motion to Shorten. Accordingly, the Committee respectfully requests that the Motion to Shorten be granted at the Court's earliest convenience.
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NOTICE AND NO PRIOR APPLICATION

11. Notice of this Motion to Shorten has been provided, in the manner set

forth above, to (a) the Office of the United States Trustee for the District of Delaware; (b) the Debtors; (c) counsel to the Debtors; (d) the Debtors' lenders; and (e) all entities that have filed a request for service of pleadings in these cases pursuant to Bankruptcy Rule 2002. The Committee respectfully submits that, given the administrative nature of the relief requested, no other notice of the relief requested herein need be given. 12. or any other Court. No previous application for the relief sought herein has been made to this

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WHEREFORE, the Committee respectfully requests that the Court (i) enter an order, substantially in the form attached hereto, granting the Motion to Shorten, (ii) scheduling the FTI Application for the August 2" Hearing and establishing that objections will be received prior to or at the hearing, and (iii) granting such other relief as the Court deems just and necessary. Dated: July 19, 2011 Wilmington, Delaware LANDIS RATH & COBB LLP

William E. Chipman, Jr. (No. 3818) Mark D. Olivere (No, 4291) 919 Market Street, Suite 1800 Wilmington, Delaware 19801 Telephone: (302) 467-4400 Facsimile: (302) 467-4450 - and Benjamin L. Schneider, Esquire Mark R. Somerstein, Esquire ROPES & GRAY LLP 1211 Avenue of the Americas New York, New York 10036-8704 Telephone: (212) 596-9000 Facsimile: (212) 596-9090

Proposed Counsel for the Official Committee of Unsecured Creditors

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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)

Ref. No.

ORDER GRANTING MOTION PURSUANT TO DEL. BANKR. L.R. 9006-1(e) FOR AN ORDER SHORTENING TIME FOR NOTICE OF THE HEARING TO CONSIDER THE APPLICATION AUTHORIZING THE EMPLOYMENT AND RETENTION OF FTI CONSULTING, INC. AS RESTRUCTURING AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO JUNE 28, 2011 Upon consideration of the motion pursuant to Rule 9006-1(e) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the "Motion to Shorten")' for entry of an order shortening the time for notice to consider the Application Pursuant to Fed. R. Bankr. P. 2014(a) for an Order Under Section 1103(a) of Title 11 of the United States Code, 11 U.S.C. 101, et seq., Authorizing the Employment and Retention of FTI Consulting, Inc. as Restructuring and Financial Advisor to the Official Committee of Unsecured Creditors Nunc Pro Tunc to June 28, 2011 (the "FTI Application"), and the Court having determined that granting the relief requested in the Motion to Shorten is in the best interests of the Debtors, their estates and creditors; and it appearing that due and adequate notice of the Motion to Shorten has been given under the circumstances, and that no other or further notice need be given; and after due deliberation and sufficient cause appearing therefor, it is hereby: ORDERED, that the Motion to Shorten is granted; and it is further
All capitalized terms not otherwise defined herein shall assume the meanings ascribed to them in the Motion to Shorten.

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ORDERED, that the FTI Application shall be heard on August 2, 2011 at 2:00 p.m.; and it is further ORDERED, that objections to the relief requested in the FTI Application shall be received prior to or at the August 2 nd Hearing; and it is further ORDERED, that this Court shall retain jurisdiction over any and all matters arising from or related to the implementation or interpretation of this Order. Dated: Wilmington, Delaware The Honorable Kevin Gross Chief United States Bankruptcy Judge

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