J. Scott Sexton (VSB No. 29284) 

Andrew M. Bowman (VSB No. 86754) 

GENTRY LOCKE 

P.O. Box 40013 

Roanoke, Virginia 24022 

Telephone: 540.983.9300 

Email: sexton@gentrylocke.com 

bowman@gentrylocke.com

 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 Gary D. LeClair 

29646/1/10133715v1

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: 

 

LeClairRyan, PLLC, 

 Debtor. 

______________________________________

Lynn L. Tavenner, Trustee, 

 Plaintiff, 

v. 

ULX Partners, LLC, 

ULX Manager LLC, 

United Lex Corporation, and 

Gary D. LeClair, 

 Defendants. 

Case No.: 19-34574-KRH 

Chapter 7 

Adv. Proc. No. 20-03142-KRH 

MOTION TO MODIFY 

Defendant Gary D. LeClair (“GDL”), by counsel, pursuant to 11 U.S.C. § 105(a) and 

Federal Rule of Civil Procedure 26, made applicable to adversary proceedings pursuant to Federal 

Rule of Bankruptcy Procedure 7026, files this Motion to Modify the Stipulated Protective Order 

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Regarding the Disclosure and Use of Confidential Information entered by the Court on May 25, 

2021 (ECF No. 47) and Order Granting Motion To Allow Disclosure Of Settlement Materials And 

To Establish Procedures For The Preservation Of Privilege entered by the Court on August 23, 

2021 (ECF No. 84), and in support thereof states as follows: 

PROCEDURAL HISTORY 

1. On May 25, 2021, the Court entered an Order (ECF No. 47) reflecting a Stipulated 

Protective Order Regarding the Disclosure and Use of Confidential Information (ECF No. 47-1) 

(the “Protective Order”) between Lynn L. Tavenner, in her capacity as Chapter 7 Trustee (the 

“Trustee”) of the bankruptcy estate of LeClairRyan, PLLC (the “Debtor”) together with 

Defendants ULX Partners, LLC (“ULXP”) and UnitedLex Corporation (“UnitedLex”). 

2. The Protective Order defined “Defendants” as ULXP and UnitedLex, as these were 

the only two defendants at the time. 

3. On August 5, 2021, the Trustee filed a Motion to Amend seeking at add ULX 

Manager, LLC (“ULXM”) and GDL as party defendants. See ECF No. 66. 

4. On August 23, 2021, the Court entered an Order Granting Motion to Allow 

Disclosure of Settlement Materials and to Establish Procedures for the Preservation of Privilege 

(the “Supplemental Order”). See ECF No. 84. 

5. The Supplemental Order defined “Defendants” as ULXP and UnitedLex, as these 

were the only two defendants at the time. 

6. The Court granted the Motion to Amend on August 24, 2021, see ECF No. 85, and 

the Trustee filed her First Amended Complaint on August 25, 2021 naming ULXM and GDL as 

party defendants. See ECF No. 86. 

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7. On October 7, 2021, the Trustee served her First Requests for Production to GDL 

(the “Requests”). As the Trustee and GDL have not yet held their Rule 26(f) conference, these 

Requests should be considered “Early Rule 34 Requests” pursuant to Federal Rule of Civil 

Procedure 26(d)(2), made applicable to adversary proceedings pursuant to Federal Rule of 

Bankruptcy Procedure 7026. 

MODIFICATIONS TO PROTECTIVE ORDER 

8. GDL anticipates one or more documents responsive to the Trustee’s Requests may 

be required to be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY” under the Protective Order. 

9. Accordingly, GDL moves this Court to modify the Protective Order to include GDL 

as a party defendant. Specifically, GDL seeks the following modifications: 

a. Revise the definition of “Defendants” to include GDL and ULXM 

b. Revise Paragraph 11(1)(d) as follows: “For the sake of clarity, (a) both Quinn 

Emanual Urquhhart & Sullivan, LLP and Tavenner & Beran are counsel of 

record for Plaintiff, (b) Greenberg Traurig, LLP is counsel of record for 

Defendants ULXP, ULXM, and UnitedLex; and (c) Gentry Locke and William 

A. Broscious, Esq. PLC is counsel of record for Defendant GDL.”

10. A proposed Amended Protective Order reflecting these reflecting these revisions is 

attached hereto as Exhibit 1. 

 

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MODIFICATIONS TO SUPPLEMENTAL ORDER 

11. GDL anticipates serving Rule 34 document request on the Trustee seeking “Third 

Party Materials,” as such term is defined in Paragraph 2 of the Supplemental Order. 

12. Accordingly, GDL moves this Court to modify the Scheduling Order to include 

GDL as a party defendant. Specifically, GDL seeks the following modifications: 

a. Revise the definition of “Defendants” to include GDL and ULXM 

13. A proposed Amended Supplemental Order reflecting these reflecting these 

revisions is attached hereto as Exhibit 2. 

14. The Trustee consents to the proposed modifications to the Protective Order and 

Supplemental Order. 

15. ULXP, ULXM, and UnitedLex consent to the proposed modifications to the 

Protective Order and Supplemental Order. 

WHEREFORE, Mr. LeClair respectfully requests that the Court enter the Amended 

Protective Order grant such other relief as is just and appropriate. 

Respectfully submitted this 25th day of October, 2021. 

 GARY D. LECLAIR 

 /s/ Andrew M. Bowman 

J. Scott Sexton (VSB No. 29284) 

Andrew M. Bowman (VSB No. 86754) 

GENTRY LOCKE 

P.O. Box 40013 

Roanoke, Virginia 24022 

Telephone: 540.983.9300 

Fax: 540.983.9400 

Email: sexton@gentrylocke.com 

 bowman@gentrylocke.com 

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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 Gary D. LeClair 

 

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CERTIFICATE OF SERVICE

 I hereby certify that on this 25th day of October, 2021, I electronically filed the foregoing 

with the Clerk using the CM/ECF system which will send notification of such filing to all 

counsel of record. 

 /s/ Andrew M. Bowman 

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