Jonathan L. Hauser (VSB 18688)

JONATHAN L. HAUSER, ESQ. 

929 Bobolink Dr. 

Virginia Beach, VA 23451

(757) 639-7768 (telephone)

jhauser929@gmail.com

Counsel to Foley & Lardner LLP

Susan Poll Klaessy (VSB No. 87021)

Geoffrey S. Goodman (Admitted Pro Hac Vice)

FOLEY & LARDNER LLP

3000 K Street, NW, Suite 600

Washington, DC 20007-5109

(312) 832-4500 (telephone)

(312) 832-4700 (facsimile)

spollklaessy@foley.com

ggoodman@foley.com

Michael Gay (Admitted Pro Hac Vice)

FOLEY & LARDNER LLP

301 East Pine Street, Suite 1200

Orlando, FL 32801

(407) 423-7656 (telephone)

(407) 648-1743 (facsimile)

mgay@foley.com

4854-6603-3538

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION

In re:

LeClairRyan PLLC,

Debtor.1

Case No.: 19-34574-KRH

Chapter 7 

FOLEY & LARDNER LLP’S EXPEDITED MOTION TO SET 

CONTESTED HEARING PROTOCOL AND PROCEDURES 

RELATED TO FOLEY & LARDNER LLP FEE APPLICATION

Foley & Lardner LLP (“Foley”), by and through its underlying counsel, hereby moves the 

Court (the “Motion”)2 for the entry of an order, pursuant to section 105 of Title 11 of the United 

States Code (the “Bankruptcy Code”), Rule 7026, 7027, 9014 of the Federal Rules of Bankruptcy 

Procedure (the “Bankruptcy Rules”) and Rule 7026-1, 7030-1, 9014-1 of the Local Rules of 

Bankruptcy Procedure (the “Local Rule”) to set and establish protocols and procedures for an 

evidentiary trial to be held regarding the Final Application for Compensation of Fees and Expenses 

of Foley & Lardner LLP, as Special Counsel to the Trustee, for Approval and Allowance of 

Compensation and Reimbursement of Expenses Incurred for the Period from January 30, 2020 

1 The principal address of LeClairRyan PLLC as of the petition date was 4405 Cox Road, Glen Allen, Virginia 23060, 

and the last four digits of the Debtor’s federal tax identification number are 2451.

2 Contemporaneously herewith, Foley filed Foley & Lardner LLP’s Expedited Motion to Set Contested Hearing 

Protocol and Procedures Related to Foley & Lardner LLP Fee Application seeking that this Motion be heard on 

September 28, 2023, at 11:00 a.m. (prevailing Eastern Time), the same time that the Foley Final Fee Application is 

set to be heard. 

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through July 31, 2023 [Dkt. No. 1960] (the “Foley Final Fee Application”). In support of this 

Motion, Foley respectfully states as follows: 

RELIEF REQUESTED

1. Foley seeks entry of an order (the “Order”), substantially in the form attached 

hereto as Exhibit A, setting forth, among other things, trial dates, briefing practice, and discovery 

schedules on the issues and factual allegations set forth in the Foley Final Fee Application and the 

Objections (as defined below). 

JURISDICTION AND VENUE

2. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 

and the Standing Order of Reference from the United States District Court for the Eastern District 

of Virginia, dated August 15, 1984. 

3. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 

4. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 

5. The bases for relief are section 105 of the Bankruptcy Code; Bankruptcy 

Rules 7026, 7027, and 9014; and Local Rules 7026-1, 7030-1, and 9014-1. 

BACKGROUND

6. On August 7, 2023, Foley filed the Foley Final Fee Application seeking final 

approval of fees and expenses incurred by Foley as special counsel to Lynn L. Tavenner, and not 

individually, but solely in her capacity as the Chapter 7 Trustee (in such capacity, the “Trustee”) 

of the bankruptcy estate (the “Estate”) of LeClairRyan PLLC (“LeClairRyan” or the “Debtor”) in 

the above-captioned Chapter 7 case (the “Case”). Foley incorporates the entirety of the Foley 

Final Fee Application by reference. Foley initially noticed the hearing on the Foley Final Fee 

Application for August 28, 2023. See Dkt. No. 1961. 

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4854-6603-3538

7. Subsequently, Foley engaged with the Trustee and Quinn Emanuel Urquhart & 

Sullivan, LLP (“Quinn”) regarding the scheduling and timing of the hearing on the Foley Final 

Fee Application. As Quinn’s counsel asserted that it would not be able to attend the 

August 28, 2023 hearing, Foley agreed to schedule the hearing on September 28, 2023. 

8. On September 18, 2023, the Trustee (Dkt. No. 1985) (the “Trustee Objection”) and 

Quinn (Dkt. No. 1983) (the “Quinn Objection,” and with the Trustee Objection, the “Objections”)

filed their objections to the Foley Final Fee Application. The Objections contain various, false

factual assertions that are not supported by the record in this Case and require discovery by Foley. 

9. Notwithstanding these factual disputes that require discovery, on September 25, 

2023, Ms. Erika Morabito, a Quinn partner, emailed Foley counsel stating that both Quinn and the 

Trustee were prepared to “move forward with a full evidentiary hearing” on September 28, 2023

(the “Morabito Email”). A true and correct copy of the Morabito Email is attached hereto as 

Exhibit B. 

10. Going straight into an evidentiary hearing is contradictory to this Court’s statement 

at the hearing held on June 8, 2022. Foley proposes a procedure to resolve the fee dispute between 

Foley and Quinn in the Foley Final Fee Application. See June 8, 2022 Hearing Transcript (the 

Court stating “[i]f you can’t agree on a procedure, ..., then the Court will convene the parties and 

suggest a procedure.”). This Motion proposes protocols and procedures – which were also 

proposed in the Foley Final Fee Application – in an effort to provide a framework for resolving

this dispute between Foley and Quinn. 

11. At this time, an evidentiary hearing on the Foley Final Fee Application would be 

premature and based on an incomplete record. As noted in the Foley Final Fee Application, Foley 

has not been able to determine the exact allocation of contingency-based fees between Foley and 

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4854-6603-3538

Quinn. See Foley Final Fee Application, passim. Without this information, among others, which 

Quinn has refused to provide, Foley cannot make a precise request for approval of contingency 

fees from this Court. Further, if additional briefing is necessary to provide the Court with

additional factual and/or legal evidence, then that should be promoted and permitted. 

12. The Objections also contain disputed allegations and factual assertions that 

necessitate Foley to propound discovery. For example, the Objections both contain false assertions 

that Foley either refused to continue representing the Trustee or could not continue to represent 

the Trustee following Ms. Morabito’s and Ms. Brittany Nelson’s departure from Foley. See 

Trustee Objection, p. 4; Quinn Objection, p. 5 (citing to the Trustee’s previous declaration [Dkt. 

No. 1387], which Foley disputes the accuracy of), p. 17-20.3

 Requiring an evidentiary hearing 

now – when Foley has not been able to resolve the factual issues set forth in the Foley Final Fee 

Application or had the ability to perform discovery on the allegations set forth in the Objections – 

significantly harms Foley’s ability to properly prosecute the Foley Final Fee Application. 

13. Contemporaneously herewith, Foley served a Request for Production on Quinn 

(the “Quinn RFP”). See Notice of Service of Discovery [Dkt. No. 1991]. In addition to the 

discovery requested in the Quinn RFP, Foley will need to perform other forms of discovery that 

may become necessary, including, but not limited to, the deposition of the Trustee, Ms. Morabito, 

Ms. Nelson, and Mr. Rohan Virginkar.4 If a “full evidentiary hearing” is to occur, then Foley must 

be given the opportunity to perform discovery necessary to complete the evidentiary record – not 

the unilateral record presented by Quinn. 

3 The Objections also contain assertions that now is not the time for the Court to determine the Foley Final Fee 

Application. See Trustee Objection, p.5-6 (stating “entry of a final order allowing any amount to Foley on a final 

basis is now premature given the facts and circumstances of the Case.”); Quinn Objection, p. 3-4 (noting that “a final 

accounting between the Trustee and Quinn may not even occur until August 2024.”). 

4 Mr. Virginkar was previously a Foley partner who worked on this Case. As Mr. Virginkar is no longer employed 

by Foley, a subpoena will be required to obtain his deposition. 

Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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4854-6603-3538

WHEREFORE, Foley respectfully requests that this Court enter an Order, substantially in 

the form attached hereto as Exhibit A, setting forth, among other things, trial dates, briefing 

practice, and discovery schedules on the issues and factual allegations set forth in the Foley Final 

Fee Application and the Objections 

Dated: September 27, 2023 Respectfully submitted,

/s/ Jonathan L. Hauser 

Jonathan L. Hauser (VSB 18688) 

JONATHAN L. HAUSER, ESQ. 

929 Bobolink Dr. 

Virginia Beach, VA 23451 

(757) 639-7768 (telephone) 

jhauser929@gmail.com

- and - 

Susan Poll Klaessy (VSB No. 87021) 

Geoffrey S. Goodman (Admitted Pro Hac Vice) 

FOLEY & LARDNER LLP

321 North Clark Street, Suite 3000 

Chicago, IL 60654-4762 

(312) 832-4500 (telephone) 

(312) 832-4700 (facsimile)

spollklaessy@foley.com

ggoodman@foley.com

- and - 

Michael Gay (Admitted Pro Hac Vice) 

FOLEY & LARDNER LLP

301 East Pine Street, Suite 1200 

Orlando, FL 32801

(407) 423-7656 (telephone) 

(407) 648-1743 (facsimile) 

mgay@foley.com

Counsel to Foley & Lardner LLP 

Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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4854-6603-3538

CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of September, 2023, a true copy of the foregoing Motion was 

sent electronically and/or by first-class mail to: (a) the Office of the United States Trustee; (b) the 

Debtor’s 20 Largest Unsecured Creditors; (c) all known secured creditors from the Debtor’s 

Official Form 106D; (d) the Core Parties and 2002 List as defined in the Case Management Order; 

and (e) all parties requesting service of pleadings in this Case. 

/s/ Jonathan L. Hauser 

Counsel to Foley & Lardner LLP

Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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4854-6603-3538

Exhibit A

Proposed Order 

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4854-6603-3538

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

LeClairRyan PLLC,

 Debtor.1

Case No. 19-34574-KRH

Chapter 7 

ORDER SETTING CONTESTED HEARING PROTOCOL AND PROCEDURES 

RELATED TO FOLEY & LARDNER LLP FEE APPLICATION

Upon the motion of Foley & Lardner LLP (“Foley”), by counsel, requesting an expedited 

hearing (the “Motion”);2 the Court finding that 

upon the representations by Foley that good cause exists for granting an expedited hearing 

on the Procedures and Protocol Motion; and this Court having found that proper and adequate 

notice of the Expedited Hearing Motion has been given and no other or further notice is necessary; 

and this Court having found that good and sufficient cause exists for granting the relief set forth in 

the Motion to Expedite; it is hereby ordered that: 

1. The Motion is GRANTED. 

2. The trial on the Foley Final Fee Application shall be held on ____________

(the “Trial Date”), at __:00 _.m. 

3. On or before 21 days prior to the Trial Date counsel for the parties shall meet at a 

mutually convenient location and make a good faith effort to narrow the issues in the trial to and 

enter into written stipulation of any controverted facts (the “Stipulation”). The Stipulation (or in 

1 The principal address of the Debtor as of the petition date was 4405 Cox Road, Glen Allen, Virginia 23060, and the 

last four digits of the Debtor’s federal tax identification number are 2451.

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Motion. 

Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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4854-6603-3538

lieu thereof, a joint statement of counsel that no agreement as to any uncontroverted facts could be 

reached) shall be filed with the Court on or before 14 days prior to the Trial Date. 

4. Discovery shall be completed on or before 21 days prior to the Trial Date. 

5. All dispositive motions must be filed no later than 35 days prior to the Trial Date. 

6. On or before 14 days prior to the Trial Date, counsel for the parties shall file with 

the Clerk a list of proposed exhibits and the proposed exhibits. 

7. Objections to any of the proposed exhibits shall be filed on or before 7 days prior 

to the Trial Date. Exhibits to which no timely objection has been made will stand as admitted into 

evidence. 

8. Counsel for Plaintiff shall file a list of witnesses in accordance with Rule

7026(a)(3)(A) of the Federal Rules of Bankruptcy Procedure that Plaintiff intends to call to testify 

at trial on or before 14 days prior to the Trial Date; and counsel for Defendants shall file a list of 

witnesses in accordance with Rule 7026(a)(3)(A) of the Federal Rules of Bankruptcy Procedure 

that Defendants intend to call at trial not later than 10 days prior to the Trial Date. Counsel for 

Plaintiff may file a list of rebuttal witnesses on or before 7 days prior to the Trial Date. 

9. Counsel for the parties shall file a designation of those witnesses whose testimony

is expected to be presented by means of a deposition and a redacted transcript of the pertinent 

portions of the deposition testimony on or before 14 days prior to the Trial Date. Any other party 

may file counter designations of the redacted portions of the deposition transcript they deem 

relevant not later than 10 days prior to the Trial Date. Objections to the use under Rule 7032(a) 

of the Federal Rules of Bankruptcy Procedure of a deposition so designated by another party shall 

be filed on or before 7 days prior to the Trial Date.

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4854-6603-3538

10. Should a settlement be reached, counsel shall immediately file any motion required

by Rule 9019 of the Federal Rules of Bankruptcy procedure for approval of the settlement

(the “Rule 9019 Motion”). Counsel shall schedule a hearing to be conducted not later than 28 

days after the Trial Date to consider any Rule 9019 Motion and for presentation of a final order.

11. It is the responsibility of all counsel to be thoroughly acquainted with and follow

the procedures set forth in the statutes, the national and local bankruptcy rules, and the 

requirements of the judge.

12. This Court shall retain exclusive jurisdiction over any and all matters arising from 

or related to the implementation of this ORDER.

Entered:

Richmond, Virginia THE HONORABLE KEVIN R. HUENNEKENS

UNITED STATES BANKRUPTCY JUDGE

Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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4854-6603-3538

WE ASK FOR THIS:

 Jonathan L. Hauser

Jonathan L. Hauser (VSB 18688)

JONATHAN L. HAUSER, ESQ. 

929 Bobolink Dr. 

Virginia Beach, VA 23451

(757) 639-7768 (telephone) 

jhauser929@gmail.com

- and - 

Susan Poll Klaessy (VSB No. 87021)

Geoffrey S. Goodman (Admitted Pro Hac Vice) 

FOLEY & LARDNER LLP

321 North Clark Street, Suite 3000

Chicago, IL 60654-4762 

(312) 832-4500 (telephone) 

(312) 832-4700 (facsimile)

spollklaessy@foley.com

ggoodman@foley.com

- and - 

Michael Gay (Admitted Pro Hac Vice) 

FOLEY & LARDNER LLP

301 East Pine Street, Suite 1200

Orlando, FL 32801

(407) 423-7656 (telephone) 

(407) 648-1743 (facsimile) 

mgay@foley.com

Counsel to Foley & Lardner LLP

CERTIFICATION OF PROOF OF SERVICE

UNDER LOCAL BANKRUPTCY RULE 9022-1(C)

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing 

proposed order has been served upon all necessary parties.

Dated: September 27, 2023

/s/ Jonathan L. Hauser 

Counsel to Foley & Lardner LLP

Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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4854-6603-3538

Exhibit B

Morabito Email 

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From: Erika Morabito <erikamorabito@quinnemanuel.com>

Date: September 26, 2023 at 1:43:37 AM GMT+2

To: "Jonathan L. Hauser (jhauser929@gmail.com)" <jhauser929@gmail.com>

Cc: "Paula S. Beran - Tavenner & Beran, PLC (pberan@tb-lawfirm.com)" <pberan@tb-lawfirm.com>, 

davidgrable@quinnemanuel.com, Brittany Nelson <brittanynelson@quinnemanuel.com>

Subject: LeClair Ryan- September 28th Hearing

Dear Jonathan.

Please be advised that to the extent the Court is not able to resolve the threshold legal issues 

addressed in the Objections filed by Quinn and the Trustee to Foley’s pending motions at the 

hearing set for September 28th, Quinn and the Trustee will be prepared to move forward with a 

full evidentiary hearing on that same date unless the Court instructs otherwise. To that end, 

Quinn attorneys will be traveling tomorrow from out of state for these purposes. Please be 

sure that any witnesses that Foley intends to call to support its pending Motions will also 

appear in person on the 28th. 

Best,

Erika 

Erika L. Morabito

Partner

Quinn Emanuel Urquhart & Sullivan, LLP

1300 I Street, NW, Suite 900 

Washington, D.C. 20005 

202-538-8334 Direct

202-538-8000 Main Office Number

301-706-0767 Cell

erikamorabito@quinnemanuel.com

www.quinnemanuel.com

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Case 19-34574-KRH Doc 1992 Filed 09/27/23 Entered 09/27/23 13:09:56 Desc Main

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