COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. OFFICE OF THE CLERK OF COURT : Procedures for Staffing Support provided under 11 U.S.C. § Calendar No. 156(c) April 2001 : JUDICIAL SUBPOENA Plaintiff(s) In light of (a) the size and complexity of cases falling under the ‘Mega Case’ classification, (b) the -against: burdens being imposed on the Clerk of the Bankruptcy Court’s office and its available resources, and (c) the public interest involved in appropriately allocating resources to respond to the high : volume of filings and information requests anticipated in mega cases while maintaining continuity of service to all oth er pending cases, Debtors falling in the mega case category will be asked to : provide assistance to the Clerk’s office in the form of personnel resources. Pursuant to 11 U.S.C. § 156(c), the Off ice of Clerk of Court for the Bankruptcy Court for the District of Delaware will seek Defendant(s) : . .staff. .support. to .provide. assistance. .for .noticing,. docketing, answering telephones, filing and ... ...... .. ...... ......... .. ....... ........ performing other case administrative functions for cases filed under the provisions of title 11. Costs for this staff will be paid for out of the assets of the estates deemed to be in the mega case classification. THE PEOPLE OF THE STATE OF NEW YORK MEGA CASE CRITERIA TO mega case is typically defined as an extremely large case with: (1) at least 1,000 creditors; (2) A $100 million or more in assets; (3) a great amount of court activity as evidenced by a large number of docket entries; (4) a large number of attorneys who have made an appearance of record; and (5) regional and/or national media attention. GREETINGS: PROCEDURES TO BE FOLLOWED: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Order - When feasible, debtors should move the Court to enter an Order to provide staffing , the Honorable at the Court assistance with other ‘first day’ orders. If not provided for at the inception of a case, the Clerk of located at County of Court will pursue appropriate assistance under 156(c). A sample Order is attached. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Temporary Staff - Upon entry the Order, the Clerk of Court will coordinate retention of staff to support work created by the mega case. Staff will be hired through a tempo rary agency. Quotes will be received periodically for services. A temporary service vendor capable of providing qualified clerical staffcomply with this subpoena is staff must as a contempt of court and that make are liable to Your failure to will be selected. Clerical punishable sign a waiver indicating will they you acting as employees of this subpoena was issued for personal representatives of the estate. A copy the party on whose behalf the Court and not acting as a maximum penalty of $50 and all damages sustained as a of the waiver is attached. result of your failure to comply. All temporary staff will be required to pass a standard background check. The Clerk of Court will assign permanent staff to supervise all temporary staff provided under 156(c) Orders. All temporary staff will be required to complete time sheets indicating the Witness, Honorable , one of the Justices of the amount of daily time spent on each mega case. For example, if the staff person is filing in case Court in hours, they County, day on X for 2 will indicate suchof their daily , 20 sheet. All time sheets will be reviewed and time signed off on by permanent bankruptcy staff . Time sheets will be forwarded to the Tempo rary Staffing Agency for billing to the debtor. (Attorney must sign above and type name below) Billing - The temporary staff agency will be responsible for billing the debtor with actual costs incurred for their case. All billing will be done on a weekly or monthly basis. Bills are due for payment within 2 weeks of receipt. Copies of bills will be forwarded to counsel for the debtor as Attorney(s) for well as the Clerk of Court. Questions Questions regarding this process should be directed to the Clerk of Court. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. IN THE UNITED STATES BANKRUPTCY COURT : Calendar No. FOR THE DISTRICT OF DELAWARE Plaintiff(s) -againstIn RE : JUDICIAL SUBPOENA : : : : : Case No.(s):____________________ Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . Debtor : THE PEOPLE OF THE STATE OF NEW YORK TO Order Pursuant to 28 U.S.C. § 156(c) Requiring Debtor to Provide Staffing Services for Case Administration The Court has been informed by the Clerk of Court that this case is a ‘mega case’ as defined by GREETINGS: the Judicial Conference of the United States. The Clerk of Court has con ferred with Debto r’s counsel on the necessity for the Debtor to provide additional staf fing services to the Court in this WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before case, due to the size and complexity of this case, the burdens it is likely to impose on the Court , the Honorable at the Court and its available resources and the public interest involved in appropriately allocating resources located at County of to respond to the high volume of filings and information requests anticipated in this case. Debtor in room , on the day of , 20 , at o'clock in the noon, and at any recessed through its counsel agrees th at this case will have a substantial impact on the Court’s operations or adjourned date, to testify and give evidence as a witness in this action on the part of the from time to time which will require additional staffing services and does not object to the entry of this order. Section 156(c) of Title 28 authorizes bankruptcy courts to use outside facilities or services to liable to Your failure to comply with this subpoena is punishable as a contempt of court and will make you provide notices, behalf this subpoena was other for a maximum penalty of to and all damages sustained as a the party on whose dockets, calendars and issued administrative information$50parties in bankruptcy cases where the to comply. result of your failurecost of such facilities or services are paid for out of the assets of the estate and are not charged to the United States, it is therefore: Witness, Honorable , one of the Justices of the ORDERED that the Debtor will provide staffing services not to exceed the equivalent of one fullCourt in County, day of , 20 time person to assist in matters directly related to the administration of the Debtor’s case in the manner and form prescribed by the Clerk of the U.S. Bankruptcy Court during the pendency of this case. (Attorney must sign above and type name below) Done and Ordered this _______ day of ________________, 20___ Attorney(s) for __________________________ United States Bankruptcy Judge Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : United States Bankruptcy Court : District of Delaware th 824 Market Street, 5 Floor : Wilmington, Delaware 19801 Plaintiff(s) -against- Index No. Calendar No. JUDICIAL SUBPOENA : Waiver Agreement for Special Employees of the Estate (The Company Name) : : I, _____________________________, hereby declare that in performing services for the court my status will be that of a “special employee of the estate” of ___________________, debtor in case number __________ in the Defendant(s) : . . . . . . . . . . . . . . . . Court . . . . . . . . . . . . . . . . . . . . . . . . United .States.Bankruptcy . . . . . .for .the.District of .Delaware.. .A .“special employee of the estate” for the purpose of this agreement is defined as a person who is employed by the debtor’s estate pursuant to 28 U.S.C. Section 156(c) to perform services for the court under the direction of the clerk of court. THE PEOPLE OF THE STATE OF NEW YORK I understand that as a “special employee of the estate,” I am not an employee of the Federal Government and that the debtor’s estate is responsible for the payment of all wages and benefits to which my services may entitle me. ITO understand that as a “special employee of the estate,” I am not entitled to the protections provided to Federal Government employees by the Federal Tort Claims Act from liability for negligence in the performance of duties or by the federal worker’s compensation program for on-the-job injuries. I further understand that I will be directly answerable to the clerk of the court, and that I will not take instructions, directions or orders from the GREETINGS: debtor or any trustee who may be appointed in the bankruptcy case, nor will I provide any services to these entities without the approval of the clerk. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court I hereby waive any claim or right to receive salary or other compensation, including fringe benefits, from the located at County of Federal Government as a result of my services. Further, I hereby agree to; (a) abstain from public comment , on the day of , 20 at noon, person outside of aboutin room a pending or impending proceeding in the court; and ,(2) refraino'clock in the from disclosing to any and at any recessed or adjourned date, to testify and give evidence trustee or representativesthe part of the or the trustee, any as a witness in this action on of the debtor the clerks office, including the debtor or the confidential information received in the performance of my duties and from employing such information for personal gain. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ___________________________________ _________________________ result of your failure to comply. Name Date Witness, Honorable Court in County, day of ___________________________________ Witness , one of the Justices of the , 20 _________________________ Date (Attorney must sign above and type name below) Pursuant to 28 U.S.C. Section 156(c), I hereby accept the services of the above named “special employee of the estate” on behalf of the court subject to the understandings and waivers set forth above Attorney(s) for ___________________________________ Clerk of Court _________________________ Date Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com