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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: Chapter 11

CINEMEX USA REAL ESTATE Case No. 20-14695-LMI

HOLDINGS, INC., CINEMEX 

HOLDINGS USA, INC., and CB (Jointly Administered)

THEATER EXPERIENCE LLC,

Debtors.1

/

RCG-GULF SHORES, LLC’S BRIEF IN OPPOSITION TO 

DEBTORS’ MOTION ABATING PERFORMANCE OF OBLIGATIONS 

UNDER UNEXPIRED REAL PROPERTY LEASES

RCG-Gulf Shores, LLC as successor to Colonial Realty Limited Partnership (“RCG”), 

through its undersigned counsel, submits its Brief in Opposition (“Brief in Opposition”) to 

Debtors’ Motion Abating Performance of Obligation Under Unexpired Real Property Lease 

[ECF No. 92] (the “Motion”) and Brief in Support of the Motion [ECF No. 299] (“Brief in 

Support”), and in support of its Brief in Opposition respectfully states as follows:

SUMMARY OF THE ARGUMENT 

1. Alabama law and the language of the Lease (defined below) between RCG and the 

Debtors governs the issue of whether abatement is appropriate here. The Debtors raise the novel 

argument that certain orders issued by the State of Alabama mandating a closure of movie theaters 

1 The Debtors in these cases and the last four digits of each Debtor’s federal tax identification 

number are as follows: Cinemex USA Real Estate Holdings, Inc. (2194), Cinemex Holdings USA, 

Inc. (5502), and CB Theater Experience LLC (0563). The address for the Debtors is 175 South 

West 7th Street, Suite 1108, Miami, Florida 33130.

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for a limited period of time are akin to a condemnation or taking of property, and therefore, the 

Debtors are entitled to abatement under the Lease. 

2. While RCG is sympathetic to the Debtors’ plight, but the Debtors’ position is 

contrary to Alabama law, and the language of the Lease which makes clear the Alabama orders at 

issue in no way constitute a taking, and in no way relieve the Debtors of their obligations to pay 

rent under the Lease. 

3. RCG is still obligated to make debt service payments on the underlying Premises, 

and there is no authority to allow the Debtors to abate their rental obligations at RCG’s expense. 

PROCEDURAL BACKGROUND

4. On April 25, 2020 and April 26, 2020 (the “Petition Dates”), the Debtors each filed 

their voluntary petitions for relief under Chapter 11 of Title 11, United States Code 

(the “Bankruptcy Code”), in the United States Bankruptcy Court for the Southern District of 

Florida (Miami Division) (the “Court”).

5. Since the Petition Dates, the Debtors have remained in possession of their 

properties and have continued to operate their businesses as debtors in possession pursuant to 

Sections 1107 and 1108 of the Bankruptcy Code.

6. Prior to the Petition Dates, CB Theater Experience LLC as assignee of 

Cobb Theatres III, LLC2 entered into a Lease Agreement dated July 6, 2004, as amended 

(the “Lease”) with RCG wherein RCG agreed to lease space to the Debtors containing 

approximately 53,170 square feet located at The Pinnacle at Gulf Shores in Gulf Shores, Alabama 

(the “Premises”), which currently expires on July 31, 2025, subject to certain options to extend the 

2 Cobb Theatres III, LLC assigned the Lease to CB Theater Experience LLC pursuant to a 

Lease Assignment and Assumption, dated as of December 8, 2017 (the “Assignment”). RCG does 

not currently have an executed copy of the Assignment.

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term of the Lease. A true and correct copy of the Lease and applicable amendments are attached 

to this Brief in Opposition as Exhibit A.

7. As of the Petition Dates, the Debtors owed RCG $94,909.80 (the “Prepetition 

Arrearage”)3 in base rent and additional rent under the terms of the Lease.

8. Since the Petition Dates, the Debtors have failed to make any payments to RCG 

under the Lease, including stub rent for April, May, or June. As of the date of this Brief in 

Opposition, in addition to the Prepetition Arrearage, the Debtors owe RCG $145,006.734 in postpetition base and additional rent under the Lease.5

9. On May 12, 2020, the Debtors filed the Motion which seeks, among other things, 

to defer rent for May and June, and indefinitely abate rent altogether (the “Abatement Request”)

under its various unexpired non-residential real property leases, including the Lease. See Motion 

at ¶¶ 27-32.

10. On May 26, 2020, the Court entered an Order [ECF No. 145], which due to a 

scrivener’s error on May 27, 2020 was replaced by a Corrected Order [ECF No. 157] (the “Deferral 

Order”) approving the Motion to the extent provided therein. The Deferral Order established: 

(i) May 29, 2020 as the deadline for lessors to file requests for adequate protection, (ii) June 17, 

2020 as the Debtors’ deadline to file a supplement to their Abatement Request, and (iii) June 24, 

2020, as the deadline for landlords to file objections to the Abatement Request.

3 This amount includes rent and charges for April 1, 2020 through April 25, 2020.

4 This amount includes rent and charges for April 26, 2020 through April 30, 2020.

5 Further, as of July 1, 2020, the Debtors will also owe July 2020 rent to RCG under the 

terms of the Lease, including minimum rent in the amount of $58,619.93 as well as other 

obligations due under the Lease.

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11. Several of the Debtors’ landlords (the “Objecting Landlords”) filed objections to 

the relief requested in the Motion (collectively, the “Landlord Objections”). See [ECF Nos. 113 

and 118]. On May 28, 2020, RCG filed a Limited Objection [ECF No. 162], which adopted the 

Landlord Objections and demanded adequate protection related to the Debtors’ deferred 

obligations under the Lease.

12. On June 17, 2020, Debtors filed their Brief in Support. RCG now responds to the 

Abatement Request and the Brief in Support.

STATEMENT OF FACTS

13. The Lease is the only unexpired lease that is the subject of the Motion that is held 

by RCG as landlord, and is the only lease addressed in this Brief in Opposition.

14. The Lease relates to property located in Gulf Shores, Alabama, and Article 44 of 

the Lease provides that the Lease is governed by the laws of Alabama. See Lease, attached hereto 

as Exhibit A.

15. Article 4 of the Lease requires the Debtors to pay annual minimum rent in equal 

monthly installments on the first day of each month during the term of the Lease. Id.

16. The Lease does not contain a traditional force majeure clause or any other provision 

absolving Debtors of their obligations under Article 4 to pay rent under any circumstances for acts 

of God.6

 Id.

17. Article 25 of the Lease does provide certain relief for Debtors in the event the 

Premises is the subject of a condemnation action, and the Premises is “expropriated.” Id.

6 Article 8.1 of the Lease defines force majeure, but Article 15 only addresses a delay in the 

initial opening of the theater if an event meeting the definition of “force majeure” delays 

construction. The Debtors do not contend in either the Motion or in the Brief in Support that either 

of these sections of the Lease applies to their Abatement Request. 

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ARGUMENT AND CITATION OF AUTHORITY

A. The Debtors’ Abatement Request as to RCG is Solely Based on 

Condemnation.

18. The Motion and Brief in Support seek abatement of rent for thirty-one (31) leases. 

The Debtors group those leases into three “buckets” identified in Exhibits A, B, and C to their 

Brief in Support. The Debtors only identified the Lease under Exhibit A, which addresses leases 

where the Debtors seek abatement based on condemnation clauses contained in the subject leases. 

Notably, the Lease is not identified in Exhibits B and C where the Debtors seek relief pursuant to 

the common law doctrines of impossibility of performance and/or frustration of purpose (Exhibit 

B) and under force majeure clauses (Exhibit C). 

19. This is consistent with the provisions of the Lease, which does not include an 

applicable force majeure clause such as the clauses for the leases identified in Exhibit C of the 

Brief in Support. Moreover, Alabama common law does not recognize the common law doctrines 

of impossibility of performance and/or frustration of purpose addressed in Exhibit B. 

See Silverman v. Charmac, Inc., 414 So. 2d 892, 894 (Ala. 1982) (“Where one by his contract 

undertakes an obligation which is absolute, he is required to perform within the terms of the 

contract or answer in damages, despite an Act of God, unexpected difficulty, or hardship, because 

these contingencies could have been provided against by his contract.”) (internal quotations and 

citations omitted). Accordingly, the only basis in which the Debtors could conceivably be entitled 

to abatement with respect to the Lease is condemnation.

B. The Debtors are Not Entitled to Abatement Based on a Theory of 

De Facto Condemnation.

20. Debtors seek abatement of rent under Article 25.3 of the Lease from March 27, 

2020 until the reopening of the theater located at the Premises and through at least July 31, 2020. 

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See Brief in Support at ¶¶ 7-14 and Exhibit A, #24. Article 25.3 provides certain relief when more 

than 20% of the Premises is condemned, and provides:

. . .Landlord shall, at its sole cost and expense, promptly upon receipt of the 

condemnation proceeds applicable to the building and the land and to the extent 

thereof and with due diligence restore said building, as nearly as practicable, to a 

complete unit of like quality and character as existed just prior to such 

expropriation. The Annual Minimum Rental and other charges payable by Tenant 

hereunder shall equitable abate during the period of demolition and restoration.

See Lease, attached hereto as Exhibit A. 

21. The Debtors also seek abatement based on Alabama’s Order of the State Health 

Officer dated March 27, 2020 closing movie theaters temporarily due to COVID-19 until May 21, 

2020 when a subsequent Order of the State Health Officer allowed movie theaters to reopen at 

50% capacity (the “Orders”). See Brief in Support at ¶¶ 7-14 and Exhibit A, #24. However, the 

Motion and Brief in Support simply group the Lease with other leases in Exhibit A, and fail to 

make any attempt to address the specific terms of the Lease or Alabama law related 

to condemnation.

22. The Orders do not constitute a government taking that would invoke Article 25.3 

of the Lease as a matter of law. The Alabama Supreme Court has stated:

Section 235 of the Alabama Constitution provides that entities invested with the 

privilege of taking property for public use... ‘shall make just compensation ... for 

the property taken, injured, or destroyed by the construction or enlargement of its 

works, highways, or improvements, which compensation shall be paid before such 

taking, injury, or destruction.’ Ala. Const. 1901, Art. XII, § 235. Section 235 does 

not expressly discuss inverse condemnation; however, statutes and this Court’s case 

law have long recognized that, if an entity holding eminent-domain powers fails to 

make compensation before taking, injuring, or destroying private property, the 

aggrieved property owner is entitled to assert an inverse-condemnation claim 

against that municipal corporation.

Housing Authority of Birmingham Dist. v. Logan Properties, Inc., 127 So. 3d 1169, 1173 (Ala. 

2012). “Applying § 235, a plaintiff asserting an inverse-condemnation claim is required to put 

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forth substantial evidence of the following elements: (1) that the defendant is an entity ‘invested 

with the privilege of taking property for public use’; (2) that the plaintiff’s property was “taken, 

injured, or destroyed”; and (3) that that taking, injury, or destruction was caused “by the 

construction or enlargement of [the defendant’s] works, highways, or improvements.” Id. at 1174 

(quoting Mahan v. Holifield, 361 So. 2d 1076, 1079 (Ala. 1978)) (“[Section 235] has been 

interpreted to support a cause of action by a private landowner whose property is taken or damaged 

by a municipality as a consequence of its acts of construction or enlargement.”).

23. In Housing Authority of Birmingham Dist. v. Logan Properties, Inc., 

Logan Properties claimed that the Housing Authority’s actions toward neighboring properties and 

failed pursuit to condemn the subject property so devalued the subject property as to constitute a 

de facto “taking.” Housing Authority of Birmingham, 127 So. 3d at 1172. The court disagreed 

and reversed the lower court’s denial of summary judgment to the Housing Authority. Id. at 1177. 

“It is undisputed in this case that [the Housing Authority] never seized, occupied, or exercised 

control over the Patio Court property or the adjacent triplex owned by Logan Properties. It is 

likewise undisputed that [the Housing Authority] never took any action that physically injured or 

had any direct physical impact upon those properties.” Id. at 1174 “Section 235 specifically 

requires municipalities and other corporations ‘invested with the privilege of taking property for 

public use’ to make ‘just compensation’ for ‘property taken injured, or destroyed by the 

construction or enlargement of its works, highways, or improvements,’ where there is evidence of 

some direct physical injury to the property.” (emphasis added in original) Id. (citing Reid v. 

Jefferson Cnty., 672 So. 2d 1285 (Ala. 1995)).

24. Like the circumstances in Housing Authority of Birmingham it is undisputed that 

the Orders have not caused any direct physical injury to the Premises. Moreover, neither the State 

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of Alabama nor the municipality of Gulf Shores has seized, occupied, or exercised control over 

the Premises or in any way “used” the Premises. Further, neither the State of Alabama nor the 

municipality of Gulf Shores has performed construction of any works, highways, or improvements 

to the Premises. In sum, nothing has been “taken” from the Debtors as is required by Alabama law.

25. Further, the terms of the Lease also support this conclusion and a determination that 

there has been no taking. First, Article 25.3 of the Lease speaks of condemnation proceeds, 

demolition, and restoration, none of which have occurred here. Second, as noted above, the 

provisions of the Lease that provide for force majeure relief only during construction of the theater 

demonstrate that the parties only intended for a force majeure event in certain limited situations, 

but not in events during the Debtors’ operation of their business during the term of the Lease. 

Under these circumstances, Alabama law is clear that contractual parties are bound by the 

negotiated terms of their agreement related to performance and situations where such performance 

may be excused. Silverman, 414 So. 2d at 894 (“Where one by his contract undertakes an 

obligation which is absolute, he is required to perform within the terms of the contract or answer 

in damages, despite an Act of God, unexpected difficulty, or hardship, because these contingencies 

could have been provided against by his contract.”) (internal quotations and citations omitted).

26. Because the Orders do not constitute a taking of property under the limited terms 

of the Lease and applicable Alabama law, no condemnation has taken place, and the Debtors’ 

Abatement Request as to RCG and the Lease should be denied.

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WHEREFORE, RCG-Gulf Shores, LLC as successor to Colonial Realty Limited 

Partnership respectfully requests that this Court: (i) deny the Abatement Request as it applies to 

the Lease, (ii) order the Debtors to pay RCG all post-petition rent that is due and owing under the 

Lease in amount of not less than $145,006.73, and (ii) grant RCG such other relief as the Court 

deems just and appropriate.

Dated: June 24, 2020

Respectfully submitted,

By: /s/ Michael B. Green

Michael B. Green, FBN: 0087571

mgreen@gunster.com

GUNSTER

600 Brickell Avenue

Suite 3500

Miami, Florida 33131

Telephone: 305-376-6000

Facsimile: 305-376-6010

-andSean C. Kulka

Georgia Bar No. 648919

(Admitted Pro Hac Vice) 

ARNALL GOLDEN GREGORY LLP

171 17th Street NW, Suite 2100

Atlanta, GA 30363 

Telephone: (404) 873-8500

sean.kulka@agg.com

Counsel for RCG-Gulf Shores, LLC

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing documents was served 

on June 24, 2020 through the Court’s Case Management/Electronic Case Filing system, which sent 

automatic email notices of electronic filing to all parties indicated on the electronic receipt which 

include:

Joaquin J Alemany on behalf of Creditor Federal Realty Investment Trust

joaquin.alemany@hklaw.com, jose.casal@hklaw.com

Joaquin J Alemany on behalf of Creditor Gulfstream Park Racing Association, Inc.

joaquin.alemany@hklaw.com, jose.casal@hklaw.com

Joaquin J Alemany on behalf of Creditor PGIM Real Estate

joaquin.alemany@hklaw.com, jose.casal@hklaw.com

Joaquin J Alemany on behalf of Creditor Starwood Retail Partners, LLC

joaquin.alemany@hklaw.com, jose.casal@hklaw.com

Brett M Amron, Esq. on behalf of Debtor Cinemex USA Real Estate Holdings, Inc.

bamron@bastamron.com, mdesvergunat@bastamron.com, jmiranda@bastamron.com,

kjones@bastamron.com

Jeffrey P. Bast, Esq. on behalf of Debtor CB Theater Experience LLC

jbast@bastamron.com, jdepina@bastamron.com; kjones@bastamron.com;

jmiranda@bastamron.com; mdesvergunat@bastamron.com

Jeffrey P. Bast, Esq. on behalf of Debtor Cinemex Holdings USA, Inc.

jbast@bastamron.com, jdepina@bastamron.com; kjones@bastamron.com;

jmiranda@bastamron.com; mdesvergunat@bastamron.com

Jeffrey P. Bast, Esq. on behalf of Debtor Cinemex USA Real Estate Holdings, Inc.

jbast@bastamron.com, jdepina@bastamron.com; kjones@bastamron.com;

jmiranda@bastamron.com; mdesvergunat@bastamron.com

Jeffrey P. Bast, Esq. on behalf of Interested Party CB Theater Experience LLC

jbast@bastamron.com, jdepina@bastamron.com; kjones@bastamron.com;

jmiranda@bastamron.com; mdesvergunat@bastamron.com

Jeffrey P. Bast, Esq. on behalf of Interested Party Cinemex Holdings USA, Inc.

jbast@bastamron.com, jdepina@bastamron.com; kjones@bastamron.com;

jmiranda@bastamron.com;mdesvergunat@bastamron.com

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Henry H Bolz on behalf of Creditor VCC, LLC

hbolz@polsinelli.com, robrien@polsinelli.com

Thomas M Byrne, Esq on behalf of Creditor Fuqua BCDC Peachtree Corners Project Owner, 

LLC

tombyrne@eversheds-sutherland.com, thomas-byrne-2475@ecf.pacerpro.com;

nickolebaker@eversheds-sutherland.com

Sara L. Chenetz on behalf of Creditor Sony Pictures Releasing Inc.

schenetz@perkinscoie.com

Shawn M Christianson, Esq. on behalf of Creditor Oracle America, Inc.

schristianson@buchalter.com, cmcintire@buchalter.com

Andrew S Conway on behalf of Creditor Dolphin Mall Associates LLC

aconway@taubman.com

Andrew S Conway on behalf of Creditor Taubman Landlords

aconway@taubman.com

Robert W Davis on behalf of Creditor Federal Realty Investment Trust

robert.davis@hklaw.com, pauline.nye@hklaw.com

Robert W Davis on behalf of Creditor Gulfstream Park Racing Association, Inc.

robert.davis@hklaw.com, pauline.nye@hklaw.com

Robert W Davis on behalf of Creditor PGIM Real Estate

robert.davis@hklaw.com, pauline.nye@hklaw.com

Robert W Davis on behalf of Creditor Starwood Retail Partners, LLC

robert.davis@hklaw.com, pauline.nye@hklaw.com

Ryan E Davis on behalf of Creditor Casto-Oakbridge Venture, Ltd.

rdavis@whww.com, thiggens@whww.com;thiggens@ecf.courtdrive.com

Ryan E Davis on behalf of Creditor Daytona Beach Property Holdings Retail, LLC

rdavis@whww.com, thiggens@whww.com;thiggens@ecf.courtdrive.com

Sean B Davis on behalf of Creditor Mishorim Gold Properties, LP

sbdavis@winstead.com, mmingo@winstead.com

Allison R Day, Esq on behalf of Interested Party EPR Hialeah, Inc.

aday@gjb-law.com, hburke@gjb-law.com;gjbecf@gjb-law.com;chopkins@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

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Allison R Day, Esq on behalf of Interested Party EPR Tuscaloosa, LLC

aday@gjb-law.com, hburke@gjb-law.com;gjbecf@gjb-law.com;chopkins@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Brian M Dougherty on behalf of Creditor A.P.I. Plumbing, Inc.

bmd@gsrnh.com

David L Gay, Esq. on behalf of Creditor MN Theaters 2006 LLC

dgay@carltonfields.com, cguzman@carltonfields.com; efile@ecf.inforuptcy.com;

miaecf@cfdom.net

Andrew Goldman on behalf of Creditor Twentieth Century Fox Film Corporation

andrew.goldman@wilmerhale.com, benjamin.loveland@wilmerhale.com;

yolande.thompson@wilmerhale.com

Andrew Goldman on behalf of Creditor Walt Disney Studios Motion Pictures

andrew.goldman@wilmerhale.com, benjamin.loveland@wilmerhale.com;

yolande.thompson@wilmerhale.com

Eric Goldstein on behalf of Creditor Neighborhood Health Partnership, Inc.

egoldstein@goodwin.com, bankruptcy@goodwin.com;bankruptcyparalegal@goodwin.com

Eric Goldstein on behalf of Creditor UnitedHealthcare Insurance Company

egoldstein@goodwin.com, bankruptcy@goodwin.com;bankruptcyparalegal@goodwin.com

Michael B Green on behalf of Creditor RCG-Gulf Shores, LLC as successor to Colonial Realty 

Limited Partnership

mgreen@gunster.com, virastorza@gunster.com

Nicole Grimal Helmstetter on behalf of Creditor Closter Marketplace (EBA), LLC

ngh@agentislaw.com, nsocorro@agentislaw.com; bankruptcy@agentislaw.com;

ngh@ecf.inforuptcy.com

Nicole Grimal Helmstetter on behalf of Creditor WS/CIP II Tampa Owner LLC

ngh@agentislaw.com, nsocorro@agentislaw.com; bankruptcy@agentislaw.com;

ngh@ecf.inforuptcy.com

Stephan Hornung on behalf of Creditor Paramount Pictures Corporation

hornung@lsellp.com

Marsha A Houston on behalf of Creditor Universal Film Exchanges, LLC

mhouston@reedsmith.com, hvalencia@reedsmith.com

John B. Hutton III, Esq. on behalf of Creditor The Graham Companies

huttonj@gtlaw.com, mialitdock@gtlaw.com;miaecfbky@gtlaw.com;perezan@gtlaw.com

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Harris J. Koroglu on behalf of Creditor GT RP Halcyon, LLC

hkoroglu@shutts.com, fsantelices@shutts.com;bvelapoldi@shutts.com

Robert L LeHane on behalf of Creditor Brookfield Property REIT Inc.

kdwbankruptcydepartment@kelleydrye.com

Robert L LeHane on behalf of Interested Party Hines Global REIT

kdwbankruptcydepartment@kelleydrye.com

Robert L LeHane on behalf of Interested Party National Retail Properties LP

kdwbankruptcydepartment@kelleydrye.com

Robert L LeHane on behalf of Interested Party ShopCore Properties

kdwbankruptcydepartment@kelleydrye.com

Robert L LeHane on behalf of Interested Party Solaris

kdwbankruptcydepartment@kelleydrye.com

Jaime Burton Leggett on behalf of Debtor CB Theater Experience LLC

jleggett@bastamron.com, jmiranda@bastamron.com

Jaime Burton Leggett on behalf of Debtor Cinemex Holdings USA, Inc.

jleggett@bastamron.com, jmiranda@bastamron.com

Jaime Burton Leggett on behalf of Debtor Cinemex USA Real Estate Holdings, Inc.

jleggett@bastamron.com, jmiranda@bastamron.com

Jaime Burton Leggett on behalf of Interested Party Cinemex Holdings USA, Inc.

jleggett@bastamron.com, jmiranda@bastamron.com

Jerry M Markowitz on behalf of Respondent 1025 W. Addison Street Apartments Owner, LLC

jmarkowitz@mrthlaw.com, ycandia@mrthlaw.com, rrubio@mrthlaw.com,

mrthbkc@gmail.com, gruiz@mrthlaw.com, markowitzjr73991@notify.bestcase.com

,jmarkowitz@ecf.courtdrive.com

Ilan Markus on behalf of Creditor Westfield, LLC

imarkus@barclaydamon.com, docketing@barclaydamon.com

Vanessa P Moody on behalf of Creditor Closter Marketplace (EBA), LLC

vmoody@goulstonstorrs.com

Vanessa P Moody on behalf of Creditor WS/CIP II Tampa Owner LLC

vmoody@goulstonstorrs.com

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Glenn D Moses, Esq on behalf of Creditor 400 East 62nd Properties, LLC

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Creditor Brickell City Retail LLC

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Creditor Simon Capital GP

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Creditor Simon Property Group, Inc.

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party Brookfield Property REIT

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party CRP/TRC Leesburg Retail Owner, L.L.C.

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party Grande Rotunda, LLC

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party Hines Global REIT

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party National Retail Properties LP

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party ShopCore Properties

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Glenn D Moses, Esq on behalf of Interested Party Solaris

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

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Glenn D Moses, Esq on behalf of Interested Party Wheeling Commercial Development, LLC

gmoses@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;vlambdin@gjblaw.com;jzamora@gjb-law.com;gjbecf@ecf.courtdrive.com;ecastellanos@gjb-law.com

Kevin S Neiman on behalf of Creditor NWWP LP

kevin@ksnpc.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Kristen N Pate on behalf of Creditor Brookfield Property REIT Inc.

bk@brookfieldpropertiesretail.com

Stephen B Porterfield, Esq on behalf of Creditor Cobb Lakeside, LLC and Cobb Theaters III, 

LLC

sporterfield@sirote.com

Anthony Princi on behalf of Creditor Paragon Entertainment Holdings, LLC

anthonyprinci3rd@gmail.com

Jordan L Rappaport, Esq on behalf of Creditor AIR SOUTH MECHANICAL, INC.

office@rorlawfirm.com, 1678370420@filings.docketbird.com

Ryan C Reinert on behalf of Creditor GT RP Halcyon, LLC

rreinert@shutts.com, juanitasanchez@shutts.com

Edwin G. Rice on behalf of Creditor Entertainment Supply & Technologies, LLC

erice@babc.com, ddecker@babc.com;dmills@babc.com

Brian G Rich on behalf of Attorney The Official Committee of Unsecured Creditors of CB 

Theater Experience LLC

brich@bergersingerman.com, efile@bergersingerman.com; jbullock@bergersingerman.com;

efile@ecf.inforuptcy.com

Ariel Rodriguez on behalf of U.S. Trustee Office of the US Trustee

ariel.rodriguez@usdoj.gov

Alan R Rosenberg on behalf of Respondent 1025 W. Addison Street Apartments Owner, LLC

arosenberg@mrthlaw.com, gruiz@mrthlaw.com, jgarey@mrthlaw.com, ycandia@mrthlaw.com,

mrthbkc@gmail.com

David L Rosendorf, Esq on behalf of Creditor NWWP LP

dlr@kttlaw.com, rcp@kttlaw.com;ycc@kttlaw.com

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Amelia Toy Rudolph on behalf of Creditor Fuqua BCDC Peachtree Corners Project Owner, LLC

amyrudolph@eversheds-sutherland.com, danielkent@eversheds-sutherland.com;amy-rudolph1418@ecf.pacerpro.com

Mark A Salzberg on behalf of Interested Party NAB-CDI, LLC, a Michigan LLC, dba CDITech

mark.salzberg@squirepb.com, shannon.munsell@squirepb.com; FLA_DCKT@squirepb.com;

Gregory.davis@squirepb.com

Paul Steven Singerman, Esq on behalf of Attorney The Official Committee of Unsecured 

Creditors of CB Theater Experience LLC

singerman@bergersingerman.com, mdiaz@bergersingerman.com; efile@bergersingerman.com;

efile@ecf.inforuptcy.com

David R. Softness on behalf of Creditor Dolphin Mall Associates LLC

david@softnesslaw.com, mari@softnesslaw.com; sam@softnesslaw.com;

david@ecf.inforuptcy.com; r44812@notify.bestcase.com

Scott A Stichter on behalf of Creditor Proctor Equipment Company

sstichter.ecf@srbp.com

Patricia B Tomasco on behalf of Debtor CB Theater Experience LLC

pattytomasco@quinnemanuel.com, barbarahowell@quinnemanuel.com;

cristinazuniga@quinnemanuel.com; cristinagreen@quinnemanuel.com

Patricia B Tomasco on behalf of Debtor Cinemex Holdings USA, Inc.

pattytomasco@quinnemanuel.com, barbarahowell@quinnemanuel.com;

cristinazuniga@quinnemanuel.com; cristinagreen@quinnemanuel.com

Patricia B Tomasco on behalf of Debtor Cinemex USA Real Estate Holdings, Inc.

pattytomasco@quinnemanuel.com, barbarahowell@quinnemanuel.com;

cristinazuniga@quinnemanuel.com; cristinagreen@quinnemanuel.com

Patricia B Tomasco on behalf of Interested Party CB Theater Experience LLC

pattytomasco@quinnemanuel.com, barbarahowell@quinnemanuel.com;

cristinazuniga@quinnemanuel.com; cristinagreen@quinnemanuel.com

Patricia B Tomasco on behalf of Interested Party Cinemex Holdings USA, Inc.

pattytomasco@quinnemanuel.com, barbarahowell@quinnemanuel.com;

cristinazuniga@quinnemanuel.com; cristinagreen@quinnemanuel.com

Ronald M Tucker on behalf of Creditor Simon Property Group, Inc.

rtucker@simon.com, cmartin@simon.com;bankruptcy@simon.com

Jason A. Weber, Esq. on behalf of Creditor Cobb Lakeside, LLC and Cobb Theaters III, LLC

jaw@tblaw.com, aravix@tblaw.com;dbissoondatt@tblaw.com

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Edmund S Whitson, III on behalf of Interested Party Baltimore Gas and Electric Company

edmund.whitson@arlaw.com, madeline.algarin@arlaw.com

Edmund S Whitson, III on behalf of Interested Party Commonwealth Edison Company

edmund.whitson@arlaw.com, madeline.algarin@arlaw.com

Edmund S Whitson, III on behalf of Interested Party Consolidated Edison Company of New 

York, Inc.

edmund.whitson@arlaw.com, madeline.algarin@arlaw.com

Edmund S Whitson, III on behalf of Interested Party Florida Power & Light Company

edmund.whitson@arlaw.com, madeline.algarin@arlaw.com

Edmund S Whitson, III on behalf of Interested Party Georgia Power Company

edmund.whitson@arlaw.com, madeline.algarin@arlaw.com

Edmund S Whitson, III on behalf of Interested Party Orange and Rockland Utilities, Inc.

edmund.whitson@arlaw.com, madeline.algarin@arlaw.com

Gillian D Williston on behalf of Creditor Liberty Center LLC

gillian.williston@troutman.com, fslecfintake@troutman.com; ethan.ostroff@troutman.com;

richard.hagerty@troutman.com; carter.nichols@troutman.com

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