Susan Poll Klaessy (VSB No. 87021)

FOLEY & LARDNER LLP

3000 K Street, NW, Suite 600

Washington, DC 20007-5109

(312) 832-4500 (telephone)

(312) 832-4700 (facsimile)

spollklaessy@foley.com

4866-4279-3507.2

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 

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

ULX Partners, LLC, UnitedLex 

Corporation, and ULX Manager, LLC,

Defendants.

Adv. Pro. 20-03142-KRH

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

CVC Capital Partners, Daniel Reed, 

Nicholas Hinton, Josh Rosenfeld, and P. 

Douglas Benson,

Defendants.

Adv. Pro. 21-03095-KRH

MOTION TO EXPEDITE HEARING ON FOLEY & LARDNER LLP’S MOTION 

REQUESTING AUTHORIZATION TO SEAL ITS LIMITED OBJECTION TO THE 

TRUSTEE’S MOTION AND MEMORANDUM OF LAW FOR ENTRY OF AN ORDER 

(I) APPROVING (A) JUDICIALLY MEDIATED SETTLEMENT AND (B) 

 

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.

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COMPENSATION TO COUNSEL INCLUDING AN IMPROVIDENT PAYMENT 

UNDER SECTION 328(a); AND (II) GRANTING RELATED RELIEF

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

(this “Motion”) for (A) an expedited hearing on its Motion Requesting Authorization to Seal its 

Limited Objection (the “Objection Sealing Motion”) [ECF No. 1363] to the Trustee’s Motion and 

Memorandum of Law for Entry of an Order (I) Approving (A) judicially Mediated Settlement and 

(B) Compensation to Counsel Including an Improvident Payment under Section 328(a); and 

(II) Granting Related Relief (the “Settlement Motion,” and the settlement attached thereto, the 

“ULX Settlement”) [ECF No. 1328], and (B) to shorten the notice period. In support hereof, 

Foley states as follows:

BACKGROUND

1. On April 19, 2022, at a hearing before this Court, counsel for the Chapter 7 Trustee 

(the “Trustee”) set forth on the record terms of a settlement agreement reached by the parties in 

the above captioned adversary proceedings (the “Adversary Proceedings”).

2. On May 11, 2022, ULX Partners, LLC, UnitedLex Corporation, and ULX 

Managers, LLC (collectively, the “ULX Defendants”) filed a Motion to Seal Settlement 

Agreement and Related Documents, Information, and Hearings [ECF No. 1325] (the “ULX

Settlement Sealing Motion”).

3. On May 18, 2022, the Trustee filed the Settlement Motion under seal, seeking the 

Court’s approval of the ULX Settlement. [ECF No. 1328].

4. On May 23, 2022, John P. Fitzgerald, III, Acting United States Trustee for Region 

Four (the “UST”) filed his Opposition to the ULX Settlement Sealing Motion. [ECF No. 1333]. 

5. The Court scheduled a hearing on the ULX Settlement Sealing Motion for May 25, 

2022. [ECF No. 1326]. It held the hearing on that date and then continued it until May 26, 2022. 

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[ECF Nos. 1340, 1341].

6. On May 26, 2022, the Court held the continued hearing on the ULX Settlement 

Sealing Motion and issued an order temporarily sealing certain matters [ECF No. 1347] 

(the “Temporary Sealing Order”), pursuant to which matters are “to be sealed and/or filed under 

seal pending final determination [of the ULX Settlement Sealing Motion] at June 8, 2022 hearing.” 

[ECF No. 1347].

7. On June 1, 2022, Foley filed a limited objection to the Settlement Motion 

(the “Objection”). [ECF No. 1365]. 

8. The Settlement Motion and the Objection will be heard at the Court’s next hearing

on June 8, 2022. See ECF No. 1329. 

9. Foley filed the Objection under seal in order to comply with the Temporary Sealing 

Order.

BASIS FOR REQUESTING AN EXPEDITED HEARING

10. Foley respectfully requests that a hearing be held on this Motion at the Court’s 

earliest availability, and in no event later than June 8, 2022.

11. An expedited resolution of this Motion appears appropriate in the interests of 

judicial economy and the terms of the Temporary Sealing Order, and the Objection Sealing Motion 

and this Motion may be heard together on June 8, 2022.

12. Good cause exists to grant this Motion, insofar as the Objection Sealing Motion to 

which it pertains, and both the Objection and the Settlement Motion to which the Objection Sealing 

Motion pertains, are set for hearing on June 8, 2022. 

13. Foley submits that no party has been, or will be, prejudiced by the relief sought in 

the Objection Sealing Motion, insofar as Foley filed the Objection Sealing Motion to comply with 

the Court’s own Temporary Sealing Order, and parties in interest have been afforded notice and 

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4866-4279-3507.2

an opportunity to object.

14. As set forth in the accompanying certification, the need for a shortened time for 

hearing on the Objection Sealing Motion has not been caused by Foley. This certification, as 

required by Local Rule 9013-1(N), is attached hereto as Exhibit A. A proposed order is attached 

hereto as Exhibit B.

15. Foley submits that holding an expedited hearing in this situation will not prejudice 

any party. 

WHEREFORE, Foley requests that the Court hear the Objection Sealing Motion on an 

expedited basis and allow the usual noticing and response period to be shortened to permit the 

Objection Sealing Motion to be heard by no later than June 8, 2022, and for such other and further 

relief as the Court shall deem necessary and just.

Date: June 3, 2022

Respectfully submitted,

/s/ Susan Poll Klaessy

Susan Poll Klaessy (VSB No. 87021)

FOLEY & LARDNER LLP

3000 K Street, NW, Suite 600

Washington, DC 20007-5109

(312) 832-4500 (telephone)

(312) 832-4700 (facsimile)

spollklaessy@foley.com 

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4866-4279-3507.2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 3rd day of June, 2022, a true and correct copy of the 

foregoing document was served via first class mail and/or electronic mail upon: (i) all parties and 

counsel requesting service via the Court’s ECF system, (ii) the Office of the United States Trustee, 

(iii) Special Counsel to Lynn L. Tavenner, Chapter 7 Trustee, (iv) the 20 largest unsecured 

creditors as listed on the Debtor’s schedules, (v) the defendants in the above-captioned adversary 

proceedings, (vi) all Persons identified in paragraph 4 of the FAO Procedures Order, and (vi) the 

Service List as defined by the governing Case Management Order and filed by counsel to the 

Chapter 7 Trustee.

/s/ Susan Poll Klaessy

Susan Poll Klaessy (VSB No. 87021)

FOLEY & LARDNER LLP

3000 K Street, NW, Suite 600

Washington, DC 20007-5109

(312) 832-4500 (telephone)

(312) 832-4700 (facsimile)

spollklaessy@foley.com

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4866-4279-3507.2

Exhibit A

Certification Pursuant to Local Rule 9013-1(N)

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4866-4279-3507.2

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 

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

ULX Partners, LLC, UnitedLex 

Corporation, and ULX Manager, LLC,

Defendants.

Adv. Pro. 20-03142-KRH

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

CVC Capital Partners, Daniel Reed, 

Nicholas Hinton, Josh Rosenfeld, and P. 

Douglas Benson,

Defendants.

Adv. Pro. 21-03095-KRH

CERTIFICATION PURSUANT TO LOCAL RULE 9013-1(N)

Foley & Lardner LLP (“Foley”), by counsel, hereby certifies that it:

1. Has carefully examined this matter and concluded that there is a true need for an 

expedited hearing;

 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.

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4866-4279-3507.2

2. Has not created the emergency through any lack of due diligence; and 

3. Has made a bona fide effort to resolve the matter without hearing.

Date: June 3, 2022

Respectfully submitted,

/s/ Susan Poll Klaessy

Susan Poll Klaessy (VSB No. 87021)

FOLEY & LARDNER LLP

3000 K Street, NW, Suite 600

Washington, DC 20007-5109

(312) 832-4500 (telephone)

(312) 832-4700 (facsimile)

spollklaessy@foley.com

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4866-4279-3507.2

Exhibit B

Proposed Order

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4866-4279-3507.2

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 

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

ULX Partners, LLC, UnitedLex 

Corporation, and ULX Manager, LLC,

Defendants.

Adv. Pro. 20-03142-KRH

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

CVC Capital Partners, Daniel Reed, 

Nicholas Hinton, Josh Rosenfeld, and P. 

Douglas Benson,

Defendants.

Adv. Pro. 21-03095-KRH

ORDER GRANTING EXPEDITED HEARING

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

hearing (the “Motion to Expedite”) on Foley & Lardner LLP’s Motion Requesting Authorization 

 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.

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4866-4279-3507.2

to Seal (the “Objection Sealing Motion”) Its Limited Objection (the “Objection”) to the Trustee’s 

Motion and Memorandum of Law for Entry of an Order (I) Approving (A) judicially Mediated 

Settlement and (B) Compensation to Counsel Including an Improvident Payment under Section 

328(a); and (II) Granting Related Relief (the “Settlement Motion”); and upon the representations 

by Foley that good cause exists for granting an expedited hearing on the Objection Sealing Motion; 

and this Court having found that proper and adequate notice of the Motion to Expedite 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 to Expedite is GRANTED. 

2. The Motion to Expedite shall be heard on June 8, 2022 at 1:00 p.m. (EST) in 

addition to the Objection Sealing Motion and the Settlement Motion and the Objection thereto.

3. Notice of the Motion to Expedite and the Objection Sealing Motion as provided 

therein is deemed good and sufficient notice.

4. 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

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4866-4279-3507.2

WE ASK FOR THIS:

/s/ Susan Poll Klaessy

Susan Poll Klaessy (VSB No. 87021)

FOLEY & LARDNER LLP

3000 K Street, NW, Suite 600

Washington, DC 20007-5109

(312) 832-4500 (telephone)

(312) 832-4700 (facsimile)

spollklaessy@foley.com

Counsel for 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: June 3, 2022

/s/ Susan Poll Klaessy

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