Richard S. Kanowitz (admitted pro hac vice)

COOLEY LLP

1114 Avenue of the Americas

New York, New York 10036

Telephone: (212) 479-6000

Facsimile: (212) 479-6275

Email: rkanowitz@cooley.com

Counsel to Plaintiff Richard Arrowsmith, 

Liquidating Trustee of the HDL Liquidating Trust

Cullen D. Speckhart (VSB No. 79096)

WOLCOTT RIVERS GATES 

919 E. Main Street, Ste. 2010

Richmond, Virginia 23219 

200 Bendix Road, Ste. 300 

Virginia Beach, Virginia 23452 

Telephone: (757) 687-3644

Email: hdl@wolriv.com

Counsel to Plaintiff Richard Arrowsmith,

Liquidating Trustee of the HDL Liquidating Trust

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: Chapter 11

HEALTH DIAGNOSTIC LABORATORY, 

INC., et al.,

Case No.: 15-32919-KRH

Debtors.1

Jointly Administered

RICHARD ARROWSMITH AS 

LIQUIDATING TRUSTEE OF THE HDL 

LIQUIDATING TRUST,

Plaintiff,

v.

Adv. Proc. No. 17-03187-KRH

CAROLINA INTERNAL MEDICINE, P.A.,

Defendant.

NOTICE OF MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT

PLEASE TAKE NOTICE that on September 7, 2018, Richard Arrowsmith, in his 

capacity as Liquidating Trustee of the HDL Liquidated Trust (the “Liquidating Trustee”), 

appointed pursuant to the Debtors’ confirmed Modified Second Amended Plan of Liquidation (the 

 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: 

Health Diagnostic Laboratory, Inc. (0119), Central Medical Laboratory, LLC (2728), and Integrated Health Leaders, 

LLC (2434).

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“Plan”)2 in these jointly administered bankruptcy cases (the “Chapter 11 Cases” or the “Cases”), 

by his undersigned counsel, filed with the United States Bankruptcy Court for the Eastern District 

of Virginia, Richmond Division a Motion for Entry of Default and Default Judgment [Docket No. 

9] (the “Motion”). 

PLEASE TAKE FURTHER NOTICE that a copy of the Motion may be obtained at no 

charge at www.americanlegal.com/HDL or for a fee at https://ecf.vaeb.uscourts.gov.

PLEASE TAKE FURTHER NOTICE on June 29, 2016, the Court entered the Order 

Establishing Certain Post-Confirmation Notice, Case Management and Administrative 

Procedures [Docket No. 1261] (the “Post-Confirmation Case Management Order”), which 

approved the Notice, Case Management and Administrative Procedures attached as Exhibit 1 to 

the Post-Confirmation Case Management Order (the “Post-Confirmation Case Management 

Procedures”). On May 26, 2016, the Court entered its Order Establishing Procedures for the 

Prosecution and Resolution of Avoidance Claims [Docket No. 1135] (the “Avoidance Procedures 

Order”). On May 26, 2017 the Court entered its Order Approving Amended Procedures 

Governing Avoidance Action Adversary Proceedings [Docket No. 2740] (the “Amended 

Avoidance Procedures Order,” and together with the Avoidance Procedures Order and PostConfirmation Case Management Order, the “Procedures Orders”). The Procedures Orders, 

among other things, proscribe the manner in which Objections must be filed and served, and set 

forth when certain hearings will be conducted. Copies of the Procedures Orders may be obtained 

at no charge at www.americanlegal.com/HDL or for a fee at https://ecf.vaeb.uscourts.gov.

PLEASE TAKE FURTHER NOTICE that YOUR RIGHTS MAY BE AFFECTED. 

You should read the Motion carefully and discuss it with your attorney, if you have one in the 

Chapter 11 cases. (If you do not have an attorney, you may wish to consult one.)

MOREOVER, UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK 

OF THE COURT AND SERVED ON THE LIQUIDATING TRUSTEE WITHIN 21 

CALENDAR DAYS OF THE MAILING OF THIS MOTION, THE COURT MAY DEEM 

ANY OPPOSITION WAIVED, TREAT THE MOTION CONCEDED AND ENTER AN 

ORDER GRANTING THE RELIEF REQUESTED WITHOUT A HEARING.

Critical Information for Defendant

Choosing to File a Response to the Motion

Who Needs to File a Response: If you oppose the Motion, then you must file and serve a 

written response (the “Response”) to the Motion in accordance with this Notice.

If you do not oppose the Motion, then you do not need to file a written Response to the 

Motion.

 2

 Unless otherwise defined herein, capitalized terms shall have the meanings ascribed to them in the Plan.

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Response Deadline: The Response Deadline is 4:00 p.m. prevailing Eastern Time on 

September 28, 2018 (the “Response Deadline”).

THE BANKRUPTCY COURT WILL ONLY CONSIDER YOUR RESPONSE IF YOUR 

RESPONSE IS FILED, SERVED AND RECEIVED BY THE RESPONSE DEADLINE.

Your Response will be deemed timely filed only if the Response is actually received on 

or before the Response Deadline by the Bankruptcy Court at the following address:

Clerk of the Bankruptcy Court

United States Bankruptcy Court

701 East Broad Street

Richmond, Virginia 23219

Your Response will be deemed timely served only if a copy of the Response is actually 

received on or before the Response Deadline by the Liquidating Trustee’s attorneys at the 

following address:

Cullen D. Speckhart

WOLCOTT RIVERS GATES

200 Bendix Road, Suite 300, Virginia Beach, Virginia 23452

Telephone: (757) 497-6633

Direct: (757) 470-5566

Email: cspeckhart@wolriv.com

For the avoidance of doubt, electronic service in accordance with rule 5005-2 of the Local 

Rules of the United States Bankruptcy Court for the Eastern District of Virginia and the Court’s 

Electronic Case Files Policy will be deemed valid and effective service under the Procedures 

Orders.

[The remainder of this page is left intentionally blank.]

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Failure to File Your Timely Response. If you fail to file and serve your Response on or 

before the Response Deadline in compliance with the procedures set forth in this Notice, the 

Liquidating Trustee will present to the Bankruptcy Court an appropriate order granting the relief 

requested in the Motion without further notice to you.

DATED: September 7, 2018 Respectfully submitted, 

Richard S. Kanowitz (admitted pro hac vice)

COOLEY LLP

1114 Avenue of the Americas

New York, New York 10036

Telephone: (212) 479-6000

Facsimile: (212) 479-6275

Email: rkanowitz@cooley.com

Counsel to Plaintiff Richard Arrowsmith, 

Liquidating Trustee of the HDL Liquidating Trust

/s/ Cullen D. Speckhart

Cullen D. Speckhart (VSB No. 79096)

WOLCOTT RIVERS GATES 

919 E. Main Street, Ste. 2010

Richmond, Virginia 23219 

200 Bendix Road, Ste. 300 

Virginia Beach, Virginia 23452 

Telephone: (757) 497-6633 

Direct: (757) 470-5566 

Email: cspeckhart@wolriv.com

Counsel to Plaintiff Richard Arrowsmith,

Liquidating Trustee of the HDL Liquidating 

Trust

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CERTIFICATE OF SERVICE

I certify that on September 7, 2018, a true copy of the foregoing Notice of Motion for Entry 

of Default and Default Judgment, was sent by First Class, postage prepaid mail, to the following:

CAROLINA INTERNAL MEDICINE, P.A.

MARK R. CERVI, REG. AGENT

1039 DAVENPORT PL

WINTERVILLE, NC 28590

CAROLINA INTERNAL MEDICINE, P.A.

MARK R. CERVI, REG. AGENT

2317 EXECUTIVE PARK CIRCLE

GREENVILLE, NC 27834-3749

CAROLINA INTERNAL MEDICINE, P.A.

MARK R. CERVI, REG. AGENT

1900 BLOOMSBURY ROAD

GREENVILLE, NC 27858-9603

CAROLINA INTERNAL MEDICINE, P.A.

MARK R. CERVI, REG. AGENT

EMERALD PLACE PROFESSIONAL CENTER

2460-A EMERALD PLACE

GREENVILLE, NC 27834-3749

/s/ Cullen D. Speckhart

Cullen D. Speckhart, Esq.

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