UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

In re: Case No. 21-12609-AJC 

 Chapter 15 

PERFORMANCE INSURANCE COMPANY SPC, 

 Debtor. 

 / 

NOTICE OF APPEARANCE AND DEMAND FOR NOTICES AND PAPERS 

 PLEASE TAKE NOTICE that, pursuant to section 1109(b) of Title 11 of the United States 

Code, 11 U.S.C. §§ 101-1532 (the “Bankruptcy Code”) and Rule 9010(b) of the Federal Rules of 

Bankruptcy Procedures (the “Bankruptcy Rules”), Adams and Reese LLP and Alston & Bird LLP 

hereby enter their appearance as counsel to Lexington Insurance Company in the above-captioned 

Chapter 15 case, and request, pursuant to Bankruptcy Rules 2002 and 9007 and section 1109(b) of 

the Bankruptcy Code, that copies of all notices and pleadings in this case be given and served upon 

the undersigned counsel as follows: 

 John T. Rogerson III Leib M. Lerner 

 ADAMS AND REESE LLP ALSTON & BIRD LLP 

 501 Riverside Avenue, Suite 601 333 South Hope Street, Sixteenth Floor 

 Jacksonville, FL 32202 Los Angeles, CA 90071 

 Telephone: (904) 355-1700 Telephone: (213) 576-1000 

 Email: john.rogerson@arlaw.com leib.lerner@alston.com

 dana.tompkins@arlaw.com 

 PLEASE TAKE FURTHER NOTICE that the foregoing demand includes not only the 

notices and papers referred to in the Bankruptcy Rules specified above but also includes, without 

limitation, any notice, application, complaint, demand, motion, petition, pleading, or request, 

whether formal or informal, written or oral, and whether transmitted or conveyed by mail, delivery, 

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telephone, telegraph, telex, or otherwise filed or given with regard to the above-referenced case 

and the proceedings therein. 

 PLEASE TAKE FURTHER NOTICE that neither this Notice of Appearance nor any 

subsequent appearance, pleading, claim or suit is intended or shall be deemed or construed as (a) a 

consent by Lexington Insurance Company to the jurisdiction of the Court or any other court with 

respect to proceedings, if any, commenced in any case against or otherwise involving Lexington 

Insurance Company, or (b) a waiver of any right of Lexington Insurance Company (i) to have final 

orders in non-core matters entered only after de novo review by a district judge; (ii) to trial by jury 

in any proceeding so triable herein or in any case, controversy, or proceeding related hereto; (iii) to 

have the reference withdrawn by the United States District Court in any matter subject to 

mandatory or discretionary withdrawal; or (iv) to other rights, claims, actions, defenses, setoffs, or 

recoupments to which Lexington Insurance Company is or may be entitled under agreements, in 

law, or in equity, all of which rights, claims, actions, defenses, setoffs, and recoupments are 

expressly reserved hereby. This Notice of Appearance shall not be deemed to constitute consent 

to electronic service of any pleading or papers for which mailed or personal service is required 

under the applicable Bankruptcy Rules or Federal Rules of Civil Procedure. 

Dated: April 12, 2021 

 ADAMS AND REESE LLP 

By: /s/ John T. Rogerson III 

 John T. Rogerson III 

 Florida Bar No. 832839 

 john.rogerson@arlaw.com

 dana.tompkins@arlaw.com

 501 Riverside Avenue, Suite 601 

 Jacksonville, FL 32202 

 Main Telephone: (904) 355-1700 

 Direct Dial Telephone: (904) 493-3303 

 Facsimile: (904) 355-1797 

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 -and- 

 Leib M. Lerner (pro hac vice pending) 

 ALSTON & BIRD LLP 

 333 South Hope Street, Sixteenth Floor 

 Los Angeles, CA 90071 

 Telephone: (213) 576-1000 

 Leib.lerner@alston.com

Attorneys for Lexington Insurance Company 

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