Thomas J. Leanse (Cal. Bar No. 084638) Dustin P. Branch (Cal. Bar No.
174909) KATTEN MUCHIN ROSENMAN LLP 2029 Century Park East, Suite 2600 Los Angeles, CA 90067-3012 310.788.4400 (telephone) 310.788.4471 (facsimile) Attorneys for Landlord Creditor The Macerich Company
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
In re: METROPARK USA, INC., Debtor.
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Chapter 11 Case No. 11-22866 REQUEST FOR SPECIAL NOTICE-rdd
PLEASE TAKE NOTICE that The Macerich Company, as Landlord and/or agent for Landlord of the premises located at Danbury Fair Mall, Danbury, CT, Freehold Raceway, Freehold, NJ, Fresno Fashion Fair, Fresno, CA, Los Cerritos Center, Cerritos, CA, Scottsdale Fashion Square, Scottsdale, AZ, The Oaks, Thousand Oaks, CA, Tysons Corner Center, McLean, VA and Washington Square, Portland, OR (the Landlord), appearing through its counsel, Katten Muchin Rosenman LLP, requests that all notices given or required to be given and all papers served or required to be served in this case, in accordance with Rules 2002(a)(2), (3), and (7), and 9007 of the Bankruptcy Rules, and Sections 102(1), and 342(a), and 1109(b) of the Bankruptcy Code, be given to and served upon the undersigned at the following address and telephone number: Katten Muchin Rosenman LLP c/o Thomas J. Leanse c/o Dustin P. Branch 2029 Century Park East, Suite 2600 Los Angeles, California 90067-3012 Telephone: (310) 788-4400 1
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PLEASE TAKE FURTHER NOTICE that pursuant to Section 1109(b) of the Bankruptcy Code, the foregoing demand includes not only the notices and papers referred to in the Rules specified above, but also includes, without limitation, orders and notices of any application, motion, petition, pleadings, request, complaint or demand, whether formal or informal, whether written or oral and whether transmitted or conveyed by mail, delivery, telephone, telegraph, telex or otherwise: (1) Which affect or seek to affect in any way any rights or interests of Landlords with
respect to (a) the Debtors; (b) property or proceeds thereof in which the Debtors may claim an interest; (c) property or proceeds thereof in which Landlords claim an interest; (d) property or proceeds thereof in possession, custody or control of Landlords which the Debtors may seek to use; or (2) Which require or seek to require any act, delivery of any property, payment or other
conduct by Landlords. Dated: May 4, 2011 KATTEN MUCHIN ROSENMAN LLP Thomas J. Leanse Dustin P. Branch
By:
/s/ Dustin P. Branch Dustin P. Branch Attorneys for Landlord Creditor The Macerich Company
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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Katten Muchin Rosenman LLP, 2029 Century Park East, Suite 2600, Los Angeles, California 90067. On May 4, 2011, I served the foregoing document described as REQUEST FOR SPECIAL NOTICE on the interested parties in this action by placing a true and correct copy of this document thereof, enclosed in a sealed envelope, addressed as follows: Debtors Counsel Cathy Hershcopf, Esq. Jeffrey L. Cohen, Esq. Cooley LLP 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 479-6138 E-mail: [email protected] Email: [email protected] U.S. Trustee United States Trustee 33 Whitehall Street, 21st Floor New York, NY 10004 Via U.S. Mail Only (X) (BY MAIL) I am readily familiar with the firms practice of collection and processing correspondence for mailing. Under that practice it would be deposited with US. postal service on that same day with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. I am aware that on motion the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (X) (BY ELECTRONIC MAIL) By transmitting electronically to the parties at the email address indicated below. To the best of my knowledge the transmission was reported as complete and I did not receive a notice of failure of receipt of each such document I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on May 4, 2011, at Los Angeles, California. /s/ Adelle Shafer Adelle Shafer Debtor Metropark US, Inc. 1530 Palisades Center Drive West Nyack, NY 10994 Via U.S. Mail Only
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