Paula S. Beran, Esquire (Va. Bar No. 34679) 

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor 

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Facsimile: (804) 783-0178 

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division

In re: Case No. 

LeClairRyan, PLLC,1 19-34574-KRH 

Debtor Chapter 7 

ORDER APPROVING SETTLEMENT 

This day came Lynn L. Tavenner, Trustee (the “Trustee”), by counsel, on her Motion for 

Approval of Compromise and Settlement and Memorandum of Law (the “Settlement Motion”),2

the Court having found that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 

§§ 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b), (c) notice of the 

Motion and hearing thereon was sufficient under the circumstances, and (d) the Settlement 

represents (i) a sound exercise of the Trustee’s business judgment, (ii) falls within the range of 

reasonableness, (iii) is fair and equitable, and (iv) is in the best interest of the Estate and creditors; 

and the Court having determined that the legal and factual basis set forth in the Settlement Motion 

establish just cause for the relief granted herein; 

UPON DUE CONSIDERATION, IT IS ORDERED, ADJUDGED AND DECREED 

THAT: 

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 not otherwise defined herein shall have the meanings given to them in the Settlement Motion. 

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1. The Settlement Motion is granted. 

2. The Settlement is approved. The Trustee is authorized to take all action necessary 

to effectuate the Settlement. 

3. The Trustee is authorized to abandon and destroy the Administrative Files located 

at any facility other than the Richmond Facility. 

4. The Trustee is authorized to abandon and destroy any Administrative File at the 

Richmond Facility received by Iron Mountain on or before December 31, 2013. 

5. Iron Mountain is hereby granted an allowed Chapter 7 administrative expense 

against the Estate in the amount of $175,000, payable the later of entry of a final, non-appealable 

order approving Settlement and August 1, 2022. 

6. Iron Mountain is hereby granted an allowed Chapter 11 administrative expense in 

the amount of $300,000, which amount shall not be paid immediately, but shall be paid pursuant 

to the provisions of the Bankruptcy Code or any procedures that this Court may approve in this 

Case for the payment of Chapter 11 post-petition administrative expenses (whichever would result 

in an earlier distribution). 

7. Iron Mountain is hereby granted an allowed pre-petition claim as a general 

unsecured creditor in the amount of $1,400,000 to be paid pursuant to the provisions of the 

Bankruptcy Code when other distributions of similar general unsecured claims are made in 

connection with the Trustee’s final report, and its Claim No. 154 previously filed in this Case is 

hereby deemed amended as part of the Settlement to reflect the same. 

8. Iron Mountain shall destroy all records, electronic and physical, of LeClairRyan 

(and/or of its predecessors) in its possession located in (a) any facility other than those in the 

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Richmond Facility and (ii) the Richmond Facility received on or before December 31, 2013, and 

thereafter certify to the Trustee upon completion of the same. 

9. Iron Mountain shall receive an additional Chapter 7 administrative expense claim 

in the amount of $3,100 a month beginning June 1, 2022 for the storage of the remaining records 

at the Richmond Facility until receiving the Trustee’s instruction to destroy all remaining boxes. 

The storage for the month of June and July shall be included in the first August payment, so a total 

of $9,300 will be paid on the later of August 1, 2022 or entry of a final order approving the Motion. 

Thereafter, the Trustee shall make monthly payments of $3,100 until she provides written 

instruction to destroy all remaining boxes. 

10. Upon receiving the Trustee’s instruction, Iron Mountain shall destroy the remaining 

boxes at the Richmond Facility 

11. Upon the entry of a final, non-appealable order approving the Settlement, except 

for the obligations created by the Settlement, or to enforce the obligations created by the Settlement 

or claims arising from the Settlement, the Parties do hereby release, remise, acquit and forever 

discharge the other, of and from any and all actions, causes of action, claims, suits, demands, rights, 

debts, dues, obligations, accounts, contracts, agreements, controversies, judgments, damages, 

losses, costs, expenses, fees, attorneys' fees, sanctions, executions, liabilities, obligations and any 

and all other liabilities of any kind whatsoever, either in law or equity, whether known or unknown, 

suspected or unsuspected which could have been asserted from the beginning of time to the date 

hereof against each other. 

12. Except as provided herein, Iron Mountain shall be entitled to no additional claims 

against and/or amounts from the Estate . 

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13. Nothing herein shall alter or otherwise impact the rights of the Trustee under the 

Client File Order including but not limited to the ability to assess and collect from former attorneys 

of the Debtor amounts related to destruction costs of client files. 

14. The Court shall retain exclusive jurisdiction to interpret and enforce the terms of 

this Order. 

Entered: 

 UNITED STATES BANKRUPTCY JUDGE 

I ask for this: 

/s/ Paula S. Beran 

Paula S. Beran, Esquire (VSB No. 34679) 

Tavenner & Beran, PLC 

20 North 8th Street 

Richmond, Virginia 23219 

Telephone: (804) 783-8300 

Facsimile: (804) 783-0178 

Counsel for Lynn L. Tavenner, Trustee 

SEEN AND AGREED: 

/s/__Jacqueline M. Price (signature authority via 8/26/22 email)

Jacqueline M. Price (BBO No. 707618) 

Hackett Feinberg, P.C. 

155 Federal Street, 9th Floor 

Boston, MA 02110 

Telephone: (617) 422-0200 

Counsel for Iron Mountain 

Sep 1 2022 /s/ Kevin R Huennekens

Entered On Docket: Sep 2 2022

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CERTIFICATION

 I hereby certify that, pursuant to Local Rule 9022-1, the foregoing Order Approving 

Settlement has been served upon and/or endorsed by all necessary parties. 

/s/ Paula S. Beran 

Counsel for the Trustee 

Service List 

Paula S. Beran, Esquire 

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor 

Richmond, VA 23219 

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