Telephone: (202) 538-8000

Email: erikamorabito@quinnemanuel.com

brittanynelson@quinnemanuel.com

Counsel for Lynn L. Tavenner, Chapter 7 Trustee

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

(Richmond Division)

In re:

LECLAIRRYAN PLLC,

Debtor.

______________________________________

Lynn L. Tavenner, as Chapter 7 Trustee,

Plaintiff,

vs.

ULX Partners, LLC, ULX Manager LLC, 

UnitedLex Corporation, and Gary LeClair

Defendants.

Chapter 7

Case No. 19-34574 (KRH)

Adv. Proc. No. 20-03142-KRH

THIRD STIPULATION AND AMENDED PRE-TRIAL ORDER

Plaintiff Lynn L. Tavenner, as Chapter 7 Trustee, (the “Plaintiff”) and Defendants ULX 

Partners, LLC, ULX Manager LLC, UnitedLex Corporation and Gary LeClair (collectively, the 

“Defendants”), subject to the approval of the Court, agree and jointly submit this Third Stipulation

and Pre-Trial Order (the “Pre-Trial Order”) establishing the following schedule in this

adversary proceeding. 

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

QUINN EMANUEL URQUHART & SULLIVAN, LLP 

1300 I Street, NW, Suite 900 

Washington, DC 20005 

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1. The trial shall be held from April 18, 2022 through April 29, 2022 (the “Trial 

Date”), at 10:00 a.m.1 

2. Unless otherwise ordered by the Court, the trial shall be conducted by remote video 

conference via Zoom for Government in accordance with Richmond General Order 20-5. Persons 

seeking to attend or participate at the trial must register through the following link: 

https://www.zoomgov.com/meeting/register/vJItcuCuqD0sHfjs0lcCEd7zfQCBE6oc2h8

3. To the extent not already provided, the parties shall make the pretrial disclosures 

required under Rule 7026(a)(1) of the Federal Rules of Bankruptcy Procedure within 14 days 

following the Court’s entry of this Pre-Trial Order. 

4. On or before September 27, 2021, Defendants shall file any motions to dismiss the 

First Amended Complaint (the “Motions to Dismiss”). 

5. On or before October 12, 2021, Plaintiff shall file any Oppositions to Defendants’ 

Motions to Dismiss. 

6. On or before October 15, 2021, Defendants shall file any Replies in support of the 

Motions to Dismiss. 

7. A hearing on Defendants’ Motions to Dismiss shall be held on October 19, 2021 

at 11:00 a.m. 

8. Except as otherwise set forth herein, discovery shall be completed on or before 

January 21, 2022. 

9. All dispositive motions, including summary judgment motions, must be filed no 

later than January 28, 2022. 

1

 Trial shall begin at 1:00 p.m. on April 20, 2022. 

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10. All oppositions to dispositive motions must be filed no later than February 11,

2022.

11. All replies in support of dispositive motions must be filed no later than February

14, 2022.

12. A hearing on any dispositive motions, including summary judgment motions, shall

be held on February 17, 2022 at 11:00 a.m.

13. The parties shall make the disclosures of expert testimony required by Rule

7026(a)(2) of the Federal Rules of Bankruptcy Procedure no later than February 7, 2022, or, if 

the evidence is intended solely to contradict or rebut evidence on the same subject matter identified 

by another party under Rule 7026(a)(2)(B) of the Federal Rules of Bankruptcy Procedure, on or 

before 14 days after the disclosure made by the other party.

14. On or before March 4, 2022, counsel for the parties shall conclude any depositions

of designated experts. 

15. All Daubert Motions must be filed no later than March 11, 2022.

16. All oppositions to Daubert Motions must be filed no later than March 18, 2022.

17. All replies in support of Daubert Motions must be filed no later than March 21,

2022.

18. A hearing on any Daubert Motion shall be held on the March Omnibus Date

scheduled in the main case associated with this adversary proceeding, or such other date to be 

determined by this Court.

19. On or before March 28, 2022, counsel for the parties shall meet at a mutually

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

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written stipulations of any uncontroverted facts (the “Stipulation”). The Stipulation (or in 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 April 4, 2022.

20. On or before April 4, 2022, counsel for the parties shall file with the Clerk a list of

proposed exhibits and the proposed exhibits. Unless the Court orders otherwise, the exhibits shall 

be filed in accordance with Richmond General Order 20-5.

21. Objections to any of the proposed exhibits shall be filed on or before April 11,

2022. Exhibits to which no timely objection has been made will stand as admitted into evidence.

22. 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 April 4, 2022; 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 April 8, 2022. Counsel for Plaintiff may file a list 

of rebuttal witnesses on or before April 11, 2022.

23. 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 April 4, 2022. Any other party may file counter 

designations of the redacted portions of the deposition transcript they deem relevant not later than 

April 8, 2022. 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 April 11, 2022.

24. 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

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“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.

25. 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.

26. Any party not consenting to the entry of a final order by the Bankruptcy Judge shall

file a Motion to withdraw the reference or for other appropriate relief within  days of the entry 

of this Pretrial Order and shall promptly set the matter for a hearing. The failure to comply with 

the terms of this paragraph shall be deemed to constitute consent to the entry of final orders by 

the Bankruptcy Judge. 

IT IS SO ORDERED:

ENTERED: __________________, 2021. ____________________________________

The Honorable Kevin R. Huennekens

United States Bankruptcy Court Judge

Sep 20 2021

/s/ Kevin R Huennekens

Sep 17 2021

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WE ASK FOR THIS:

/s/ Erika L. Morabito______________________

Erika L. Morabito (VSB No. 44369)

Brittany J. Nelson (VSB No. 81734)

QUINN EMANUEL URQUHART & SULLIVAN LLP

1300 I Street, N.W., Suite 900

Washington, DC 20005

(202) 538-8334 (telephone)

Email: erikamorabito@quinnemanuel.com

brittanynelson@quinnemanuel.com

Special Counsel to Lynn L. Tavenner, Chapter 7 Trustee

WE ASK FOR THIS:

/s/ Thomas J. McKee, Jr.

Thomas J. McKee, Jr. (VSB No. 68427)

David G. Barger (VSB No. 21652)

Greenberg Traurig, LLP

1750 Tysons Boulevard, Suite 1000

McLean, Virginia 22102

Telephone: (703) 749-1300

Facsimile: (703) 749-1301

Email: mckeet@gtlaw.com

bargerd@gtlaw.com

and 

J. Gregory Milmoe (admitted pro hac vice)

Greenberg Traurig, LLP

One International Place, Suite 2000

Boston, MA 02110

Telephone: (617) 310-6064

Email: milmoeg@gtlaw.com

Counsel to Defendant ULX Partners, LLC, ULX Manager LLC, UnitedLex Corporation 

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SEEN AND OBJECTED to for the reasons stated on the record before the Court on September 

8, 2021:

_/s/Andrew M. Bowman

J. Scott Sexton (VSB No. 29284)

Andrew M. Bowman (VSB No. 86754)

Gentry Locke

P.O. Box 40013

Roanoke, Virginia

Telephone: (540)983-9300

Facsimile: (540) 983-9400

Email: sexton@gentrylocke.com

bowman@gentrylocke.com

and 

William A. Broscious (VSB No. 27436) 

William A. Broscious, Esq., PLC

P.O. Box 71180 

Henrico, Virginia 23255 

Telephone: 804.533.2734

Email: wbroscious@brosciouslaw.com

Counsel for Defendant Gary LeClair

CERTIFICATION

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

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

Erika L. Morabito

Erika L. Morabito

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