UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: CIRCUIT CITY STORES, INC., et al., Case No. 08-35653-KRH 

Debtors. Chapter 11 

(Jointly Administered) 

____________________________________ 

ALFRED H. SIEGEL, Trustee of the 

Circuit City Stores, Inc. Liquidating Trust, 

Plaintiff, 

v. Adv. Pro. No. 19-03091-KRH 

UNITED STATES TRUSTEE PROGRAM, et al., 

Defendants. 

_____________________________________ 

ORDER TO SHOW CAUSE 

 On August 30, 2022, the Court conducted a pre-trial conference (the “Pre-Trial 

Conference”) in the above-captioned adversary proceeding (the “Adversary Proceeding”).1

 

Counsel for Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust (the 

“Trustee”) and counsel for the United States Trustee Program, Clifford J. White III, Director, John 

P. Fitzgerald, III, Acting United States Trustee for Region 4 (collectively, the “Defendants”) 

appeared at and participated in the Pre-Trial Conference. For the reasons stated on the record at 

the Pre-Trial Conference, the Court issued a Scheduling Order [ECF No. 41] (the “Scheduling 

Order”) on August 31, 2022. 

 Under the terms of this Court’s Scheduling Order, the “Defendants shall file their answer(s) 

1

 On September 12, 2022, the Court issued an Order Consolidating Adversary Proceedings [ECF No. 44] (the 

“Consolidation Order”), consolidating this Adversary Proceeding with Siegel v. Fitzgerald, Adv. Pro. No. 

19-03060-KRH.

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no later than October 4, 2022.” The Scheduling Order also permitted the Defendants to file a 

motion to dismiss, “provided, however, that this [option] shall not supersede or otherwise affect” 

the Court’s requirement that the Defendants file an answer(s) on or before October 4, 2022. 

 The Defendants filed the Defendants’ Motion to Dismiss and Memorandum in Support 

[ECF No. 45] on October 4, 2022. As of the date hereof, the Defendants have neither filed an 

answer nor sought leave for an extension of time in which to do so. In consideration whereof, it 

is therefore 

ORDERED that the Defendants, by counsel, shall appear before the Court on Tuesday, 

November 15, 2022, at 10:00 a.m. (the “Hearing”) and show cause why sanctions, including but 

not limited to the entry of default against the Defendants, should not be imposed for failing to 

abide by this Court’s Scheduling Order and timely comply with the deadlines established by this 

Court. The Hearing shall be conducted via Zoom for Government. Persons seeking to attend or 

participate in the Hearing must register through the following link: 

https://www.zoomgov.com/meeting/register/vJIsfuqqqT8iEzy2jQbIeZiIyhpRrLJ1J-k

Persons who wish to attend, but not participate, at the Hearing may dial-in to the Court’s listen-only 

conference line: 

Dial: 1-866-590-5055

Access Code: 4377075 

Security Code: 111522 

Dated: November 3, 2022 /s/ Kevin R. Huennekens 

 UNITED STATES BANKRUPTCY JUDGE 

 Entered on Docket: 

 

 Nov 3 2022

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Copies to: 

Kathryn R. Montgomery 

Office of the United States Trustee 

701 East Broad Street, Ste. 4303 

Richmond, VA 23219 

Ramona D. Elliott 

P. Matthew Sutko 

Beth A. Levene 

Department of Justice 

Executive Office for United States Trustees 

441 G Street, N.W., Suite 6150 

Washington, DC 20530 

Paula S. Beran 

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor 

Richmond, VA 23219 

Lynn L. Tavenner 

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor 

Richmond, VA 23219 

Richard. M. Pachulski 

Andrew W. Caine 

Jeffrey N. Pomerantz 

Pachulski Stang Ziehl & Jones LLP 

10100 Santa Monica Boulevard, 13th Floor 

Los Angeles, California 90067-4100 

Robert J. Feinstein 

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue, 34th Floor 

New York, New York 10017 

Daniel L. Geyser 

Haynes and Boone, LLP 

2323 Victory Avenue, Ste. 700 

Dallas, Texas 75219 

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