UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In Re: ) 

) 

Lewis E. Wilkerson, Jr. ) Case No. 20-34576-KLP

) 

Debtor ) Chapter 11 

---------------------------------------------------- ) ------------------------------------------------------ 

ROBERT E. DIXON, 

Individually and Derivatively on behalf of 

D.E.R. LLC, 

) 

) 

) 

Plaintiff 

) 

) 

v. ) Adversary Proceeding 

) 

LEWIS E. WILKERSON, JR. , Debtor, ) No. 21-03008- KLP 

) 

Defendant ) 

AMENDED PRE-TRIAL ORDER 

 On January 18, 2022, the Court heard the Motion to Amend and Supplement Expert Report 

and for other Relief (“Motion”) filed by Plaintiff Robert L. Dixon, individually and on behalf of 

D.E.R. LLC (“Plaintiff”). See Document 29. The Court considered the papers and the arguments 

of counsel for the parties. On the suggestion of counsel for the Plaintiff and with the 

acknowledgment of counsel for the Defendant/Debtor Wilkerson (“Defendant”) that continuing 

the trial until April 28, 2022 and entering this amended pre-trial order would grant the relief 

requested by the Plaintiff while avoiding potential prejudice to the Defendant by allowing the 

Defendant additional time as requested, deeming it proper, the Court ORDERS: 

Order Proposed by: 

W. R. Baldwin, III, VSB #16988 

Meyer Baldwin Long & Moore LLP 

5600 Grove Avenue 

Richmond, VA 23226 

Voice: (804) 285-3888 

Fax: (804) 285-7779 

ECF: billbaldwin@comcast.net 

Co-Counsel for the Plaintiff 

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1. The Plaintiff’s Motion is GRANTED 

2. Trial is rescheduled to April 28, 2022 at 10:00 a.m. The trial may be conducted by 

electronic means, including by telephone or video conference, as directed by the Court. Additional 

information regarding procedures for hearings before the Court, including telephonic and/or 

videoconference hearings, in light of the ongoing public response to COVID-19, are available 

by visiting the Court's website at: https://www.vaeb.uscourts.gov/. 

3. By their endorsement of this Order counsel represent to the Court that there are no 

remaining discovery issues as discused during the January 18, 2020 hearing and counsel 

accordingly have requested the Court to release February 8, 2022 at 10:00 a.m. as a hearing date 

for consideration and resolution of any such matters. 

4. 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 60 days prior to the the 

Trial Date. The parties in their discretion may rely on previously filed expert disclosures, to inclue 

the the Plaintiff’s expert report as set out in the Motion. If the evidence disclosed by the disclosed 

expert testimony 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, such disclosure shall be made on or before 21 days after the disclosure made by the 

other party. 

5. On or before 21 days prior to the Trial Date 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 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 14 days prior to the Trial Date. 

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6. On or before 14 days prior to the Trial Date, the parties shall file with the Clerk 

an amended list of proposed exhibits, which amended list of proposed exhibits may include 

additional exhibits not previously filed. The exhibits shall be filed in accordance with the directions 

included with the original pretrial order entered herein April 28, 2021. See Document 8 at 5. 

7. Objections to any of the proposed exhibits shall be filed on or before 7 days prior 

to the Trial Date. Exhibits to which no timely objection has been made will stand as admitted into 

evidence. 

8. Counsel for the Plaintiff shall file a list of witnesses in accordance with Rule 

7026(a)(3)(A) of the Federal Rules of Bankruptcy Procedure that the Plaintiff intends to call to 

testify at trial on or before 14 days prior to the Trial Date. Counsel for the Defendant shall file a 

list of witnesses that the Defendant intends to call at trial in accordance with Rule 7026(a)(3)(A) 

of the Federal Rules of Bankruptcy Procedure not later than 10 days prior to the Trial Date. 

Counsel for the Plaintiff may file a list of rebuttal witnesses on or before 7 days prior to the Trial 

Date. 

9. 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 14 days prior to the Trial Date. Any other 

party may file counter designations of the redacted portions of the deposition transcript they deem 

relevant not later than 10 days prior to the Trial Date. 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 7 days prior to the Trial Date. 

10. 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 

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settlement (the “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. 

11. 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. 

12. The Cout notes for the record that the parties previously consented to the entry of 

a final order by the Bankruptcy Judge. 

13. The Clerk shall forward a copy of this order to all counsel of record. 

SO ORDERED, this ____ day of ________________, 2022. 

 ____________________________________ 

 UNITED STATES BANKRUPTCY JUDGE 

 ENTERED ON DOCKET: _______________ 

Endorsements on following page] 

 

/s/ Keith L Phillips

Feb 4 2022

Feb 3 2022

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I ask for this: 

 /s/ W. R. Baldwin, III 

W. R. Baldwin, III, VSB #16988, Proponent 

Meyer Baldwin Long & Moore LLP 

5600 Grove Avenue 

Richmond, VA 23226 

Voice: (804) 285-3888 

Fax: (804) 285-7779 

ECF: billbaldwin@comcast.net 

Co-Counsel for the Plaintiff 

Seen and Consented to: 

/s/ William F. Seymour, IV (by W. R. Baldwin, III with permission based on email) 

William F. Seymour, IV, VSB #16988 

FloranceGordonBrown, P.C. 

1900 One James Street 

901 East Cary Street, 

Richmond, VA 23219 

Phone: (804) 697-5130 

Fax: (804) 697-5159 

ECF: wseymour@fgb.com 

Co-Counsel for the Plaintiff 

Seen and Consented to: 

/s/ Ross C. Allen (by W. R. Baldwin, III with permission based on email) 

Ross C. Allen, VSB# 81329 

Hairfield Morton PLC 

2800 Buford Rd., Suite 201 

Richmond, VA 23235 

Phone: (804) 320-6600 

Fax: (804) 320-8040 

ECF: rallen@hmalaw.com 

Co-counsel for the Defendant 

Local Rule 9022-1(C) Certification 

 The foregoing Order was endorsed by and/or served upon all necessary parties pursuant 

to Local Rule 9022-1(C). 

 /s/ W. R. Baldwin, III 

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PARTIES TO RECEIVE COPIES:

W. R. Baldwin, III, Esq. 

Meyer Baldwin Long & Moore LLP 

5600 Grove Avenue 

Richmond, VA 23226 

ECF: billbaldwin@comcast.net 

William F. Seymour, IV, Esq. 

FloranceGordonBrown, P.C. 

1900 One James Street 

901 East Cary Street, 

Richmond, VA 23219 

ECF: wseymour@fgb.com 

Ross C. Allen, Esq. 

Hairfield Morton PLC 

2800 Buford Rd., Suite 201 

Richmond, VA 23235 

ECF: rallen@hmalaw.com 

Robert A. Canfield, Esq. 

Canfield Wells, LLP 

4124 E. Parham Road 

Richmond. VA 23228 

ECF: bob@cwkllp.com 

Additional Party: 

Jason B. Shorter, Esq. 

Kathryn R. Montgomery, Assistant United States Trustee 

Office of the US Trustee 

701 E. Broad Street, Ste. 4304 

Richmond, VA 23219 

ECF: Jason.B.Shorter@usdoj.gov

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