Robert H. Chappell, III, Esquire (VSB #31698) 

Jennifer J. West, Esquire (VSB #47522) 

Christopher A. Hurley, Esquire (VSB #93575) 

SPOTTS FAIN PC 

411 East Franklin Street, Suite 600 

Richmond, Virginia 23219 

Telephone: (804) 697-2000 

Facsimile: (804) 697-2100 

Email: rchappell@spottsfain.com 

jwest@spottsfain.com 

churley@spottsfain.com 

Counsel for Jennifer J. West, 

Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

ALEXANDRIA DIVISION 

__________________________________________ 

 ) 

In re: ) 

 ) Case No. 20-12470-KHK 

ClubX, LLC, ) 

 ) Chapter 7 Proceeding 

 Debtor. ) 

_________________________________________ ) 

JOINT STIPULATION MODIFYING MEDIATION ORDER 

 Jennifer J. West, Chapter 7 Trustee (the “Trustee”) for the Bankruptcy Estate of ClubX, 

LLC, Sport & Health Holdings, LLC (“Holdings”), and Worldgate Centre Owner LLC 

(“Worldgate,” and together with the Trustee and Holdings, the “Parties”), by counsel, hereby 

stipulate as follows: 

1. On November 23, 2023, the Court entered the Order Granting Motion Requesting 

Judicial Mediation (ECF No. 152) (the “Mediation Order”), pursuant to which certain claims and 

disputes between or among the Parties were referred to the Honorable Kevin R. Huennekens as 

Mediator (the “Mediator”). 

2. The Mediation Order provides: “Unless otherwise modified by the Mediator, within 

fifteen (15) days after appointment of the Mediator, the Parties must have commenced the 

Mediation process by having scheduled a date for the Mediation, which date shall be no later than 

forty-five (45) days following the appointment of the Mediator.” (Id. ¶ (4)(e)(i)). 

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3. The Mediation Order further provides: “The Mediation must be concluded no later 

than ninety (90) days after the entry of an order approving this Motion [sic] unless otherwise 

extended by this Court upon notice and opportunity to object provided to all Parties.” (Id. ¶ 

(4)(e)(vii)). 

4. Upon entry of the Mediation Order, the Parties promptly attended a status 

conference with the Mediator and commenced the document exchange protocol outlined in the 

Mediation Order. 

5. The Parties are continuing to engage in the document exchange protocol and the 

Trustee has received substantial documents from both Holdings and Worldgate pursuant to 

Paragraphs 4(c)(i) and 4(c)(ii) of the Mediation Order. However, the Trustee is not in a position 

to confirm that she is in possession of substantially all of the Worldgate Documents, as required 

by Paragraph 4(c)(iii) of the Mediation Order. To facilitate mediation, the Trustee is authorized 

to, and shall, produce the Holdings Documents to Worldgate, and the Worldgate Documents to 

Holdings, in accordance with and subject to the terms of the Mediation Order (as modified by this 

Stipulation). 

6. The Trustee shall transmit all such documents to the appropriate Parties as soon as 

practicable and no later than five (5) business days following the execution of this Stipulation by 

the Parties. 

7. Subject to Paragraph 4(d) of the Mediation Order, in the event that any Party 

requests additional documents or information, any request for such additional documents or 

information shall be requested in writing within fourteen (14) days following the Trustee’s delivery 

of the Worldgate Documents to Holdings, or the Holdings Documents to Worldgate (as 

applicable). Any request for documents submitted after such date(s) shall be presumed to be 

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untimely and, absent either consent of the Party who is subject to the request, or order of the 

Mediator for good cause shown, may be disregarded. 

8. The deadline for the Parties to schedule the Mediation has passed, and the Parties

will not be able to complete the Mediation within the ninety-day deadline provided in the 

Mediation Order. 

9. The Parties have scheduled the Mediation for April 9, 2024 in coordination with

the Mediator. 

10. The Parties represent that they have conferred with the Mediator and he is in

agreement with this Stipulation. 

11. The Parties hereby stipulate and agree to modify the Mediation Order, to provide

that the forty-five day deadline set forth in paragraph 4(e)(i) is hereby waived and the ninety-day 

deadline set forth in paragraph 4(e)(vii) shall be calculated from the date of entry of this Stipulation 

instead of from the date of entry of the Mediation Order, and shall continue to be subject to further 

extension either: (a) by further stipulation of all Parties, with consent of the Mediator, or (b) by 

order of this Court upon notice and opportunity to object provided to all Parties to this Stipulation. 

IT IS SO ORDERED. 

ENTERED: 

___________________________________ 

HON. KLINETTE H. KINDRED 

UNITED STATES BANKRUPTCY JUDGE 

/s/ Klinette H Kindred

Feb 9 2024

Entered On Docket: Feb 9 2024

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WE ASK FOR THIS: 

/s/ Jennifer J. West 

Robert H. Chappell, III, Esquire (VSB #31698) 

Jennifer J. West, Esquire (VSB #47522) 

Christopher A. Hurley, Esquire (VSB #93575) 

SPOTTS FAIN PC 

411 East Franklin Street, Suite 600 

Richmond, Virginia 23219 

Telephone: (804) 697-2000 

Facsimile: (804) 697-2100 

Email: rchappell@spottsfain.com 

jwest@spottsfain.com 

churley@spottsfain.com 

Counsel for Jennifer J. West, 

Chapter 7 Trustee 

SEEN AND AGREED: 

/s/ Nicholas M. DePalma (by Jennifer J. West with permission via email) 

Stephen K. Gallagher, Esquire 

Nicholas M. DePalma, Esquire 

VENABLE LLP 

8010 Towers Crescent Drive, Suite 300 

Tysons Corner, VA 22182 

Phone: (703) 760-1600 

Fax: (703) 821-8949 

skgallagher@venable.com 

nmdepalma@venable.com 

Counsel to Worldgate Centre Owner, LLC 

SEEN AND AGREED: 

/s/ Bradford F. Englander (by Jennifer J. West with permission via email) 

Bradford F. Englander, Esquire 

WHITEFORD TAYLOR & PRESTON, LLP 

3190 Fairview Park Drive, Suite 800 

Falls Church, Virginia 22042 

Telephone: (703) 280-9081 

Facsimile: (703) 280-3370 

Email: benglander@wtplaw.com 

Co-Counsel to Sport & Health Holdings, LLC 

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SEEN AND AGREED: 

/s/ C. Bryan Wilson (by Jennifer J. West with permission via email) 

C. Bryan Wilson, Esquire 

WILLIAMS & CONNOLLY LLP 

680 Maine Avenue, S.W. 

Washington, D.C. 20024 

Telephone: (202) 434-5000 

Email: bwilson@wc.com 

Co-Counsel to Sport & Health Holdings, LLC 

LOCAL BANKRUPTCY RULE 9022-1(C) CERTIFICATION 

 I hereby certify that the foregoing ordered Stipulation has been endorsed by or served upon 

all necessary parties. 

Date: February 8th, 2024 /s/ Jennifer J. West 

 Counsel 

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