PACHULSKI STANG ZIEHL & JONES LLP

Jeffrey N. Pomerantz (CA Bar No.143717) (admitted pro hac vice) 

John A. Morris (NY Bar No. 2405397) (admitted pro hac vice)

Gregory V. Demo (NY Bar No. 5371992) (admitted pro hac vice) 

Hayley R. Winograd (NY Bar No. 5612569) (admitted pro hac vice) 

10100 Santa Monica Blvd., 13th Floor

Los Angeles, CA 90067

Telephone: (310) 277-6910/Facsimile: (310) 201-0760

HAYWARD PLLC

Melissa S. Hayward

Texas Bar No. 24044908

MHayward@HaywardFirm.com

Zachery Z. Annable

Texas Bar No. 24053075

ZAnnable@HaywardFirm.com

10501 N. Central Expy, Ste. 106

Dallas, Texas 75231

Tel: (972) 755-7100/Fax: (972) 755-7110

Counsel for Highland Capital Management, L.P.

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

In re:

HIGHLAND SELECT EQUITY MASTER FUND, 

L.P.,1

Debtor. 

)

) 

) 

) 

) 

) 

)

Chapter 7 

Case No. 23-31037-swe7

NOTICE OF HEARING 

ON EMERGENCY MOTION IN LIMINE OF HIGHLAND CAPITAL MANAGEMENT, 

L.P. TO (I) EXCLUDE RECUSAL EVIDENCE AND ARGUMENT IN CONNECTION 

WITH DEBTORS’ MOTION TO TRANSFER CASE TO DALLAS DIVISIONAL 

OFFICE, OR, (II) IN THE ALTERNATIVE, ADJOURN HEARING

PLEASE TAKE NOTICE that the following matter is scheduled for hearing on 

Wednesday, October 18, 2023, at 10:30 a.m. (Central Time) (the “Hearing”) in the abovecaptioned bankruptcy case (the “Bankruptcy Case”):

1

 The Debtor’s last four digits of its taxpayer identification number are (0466). The headquarters and service address 

for the Debtor is 100 Crescent Court, Suite 1850, Dallas, TX 75201.

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1. Emergency Motion in Limine of Highland Capital Management, L.P. to (i) Exclude 

Recusal Evidence and Argument in Connection with Debtors’ Motion to Transfer 

Case to Dallas Divisional Office, or, (ii) in the Alternative, Adjourn Hearing [Docket 

No. 51] (the “Motion”).

The Hearing on the Motion will be held via WebEx videoconference before The Honorable 

Scott W. Everett, United States Bankruptcy Judge. The WebEx video participation/attendance link 

for the Hearing is: https://us-courts.webex.com/meet/everett. 

A copy of the WebEx Hearing Instructions for the Hearing is attached hereto as Exhibit A; 

alternatively, the WebEx Hearing Instructions for the Hearing may be obtained from Judge Everett’s 

hearing/calendar site at: https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everettshearing-dates. 

[Remainder of Page Intentionally Left Blank] 

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Dated: October 17, 2023 PACHULSKI STANG ZIEHL & JONES LLP

Jeffrey N. Pomerantz (CA Bar No.143717) (pro hac vice) 

John A. Morris (NY Bar No. 2405397) (pro hac vice) 

Gregory V. Demo (NY Bar No. 5371992) (pro hac vice) 

Hayley R. Winograd (NY Bar No. 5612569) (pro hac vice) 

10100 Santa Monica Boulevard, 13th Floor 

Los Angeles, CA 90067 

Telephone: (310) 277-6910 

Facsimile: (310) 201-0760 

Email: jpomerantz@pszjlaw.com 

 jmorris@pszjlaw.com

 gdemo@pszjlaw.com 

 hwinograd@pszjlaw.com

-andHAYWARD PLLC

/s/ Zachery Z. Annable 

Melissa S. Hayward

Texas Bar No. 24044908 

MHayward@HaywardFirm.com

Zachery Z. Annable

Texas Bar No. 24053075 

ZAnnable@HaywardFirm.com 

10501 N. Central Expy, Ste. 106 

Dallas, Texas 75231 

Tel: (972) 755-7100 

Fax: (972) 755-7110 

Counsel for Highland Capital Management, L.P.

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EXHIBIT A

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WebEx Hearing Instructions 

Judge Scott W. Everett

Pursuant to General Order 2023-05 issued by the Court on September 19, 2023, hearings before Judge Scott W. 

Everett will be conducted pursuant to the guidelines set forth in the General Order unless ordered otherwise.

For WebEx Video Participation/Attendance: 

Link: https://us-courts.webex.com/meet/everett

For WebEx Telephonic Only Participation/Attendance: 

Dial-In: 1-650-479-3207; Access code: 476 420 189

Participation/Attendance Requirements: 

• Counsel and other parties in interest who plan to actively participate in the hearing are encouragedto 

attend the hearing in the WebEx video mode using the WebEx video link above. Counsel and other 

parties in interest who will not be seeking to introduce any evidence at the hearing and who wish to 

attend the hearing in a telephonic only mode may attend the hearing in the WebEx telephonic-only 

mode using the WebEx dial-in and access code above. 

• Attendees should join the WebEx hearing at least 10 minutes prior to the hearing start time. Please be 

advised that a hearing may already be in progress. During hearings, participants are required to keep

their lines on mute at all times that they are not addressing the Court or otherwise actively

participating in the hearing. The Court reserves the right to disconnect or place on permanent

mute any attendee that causes any disruption to the proceedings. For general information and tips 

with respect to WebEx participation and attendance, please see Clerk’s Notice 20-04:

https://www.txnb.uscourts.gov/sites/txnb/files/hearings/Webex%20Information%20and%20Tips_0.pdf

• Witnesses are required to attend the hearing in the WebEx video mode, and live testimony will

only be accepted from witnesses who have the WebEx video function activated. Telephonic 

testimony without accompanying video will not be accepted by the Court. The Court may consider 

special requests for other appearance options on a case-by case-basis.

• All WebEx hearing attendees are required to comply with Judge Everett’s Telephonic and 

Videoconference Hearing Policy (included within Judge Everett’s Judge-Specific Guidelines):

https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everetts-hearing-dates .

Exhibit Requirements: 

• Any party intending to introduce documentary evidence at the hearing must file an exhibit list in the 

case with a true and correct copy of each designated exhibit filed as a separate, individual attachment

thereto so that the Court and all participants have ready accessto all designated exhibits. 

• In addition for evidentiary hearings, when more than ten exhibits have been filed in ECF or when the 

total page count of all exhibits exceeds 500 pages, Judge Everett requests a thumb/USB drive be

delivered to him prior to the hearing at: U.S. Bankruptcy Court, Attn: Stephen Manz, 1100 Commerce 

Street, Room 1254, Dallas, TX 75242. 

• Paper copies of exhibits are not encouraged; however, paper copies may be provided to the 

witness(s) at an in-person hearing if preferred.

Notice of Hearing Content and Filing Requirements:

IMPORTANT: For all hearings that will be conducted by WebEx only: 

• The Notice of Hearing filed in the case and served on parties in interest must: (1) provide notice that

the hearing will be conducted by WebEx videoconference only, (2) provide notice of the above WebEx

video participation/attendance link, and (3) attach a copy of these WebEx Hearing Instructions or

provide notice that they may be obtained from Judge Everett’s hearing/calendar site:

https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everetts-hearing-dates . 

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• When electronically filing the Notice of Hearing via CM/ECF select “at https://uscourts.webex.com/meet/everett” as the location of the hearing (note: this option appears immediately

after the first set of Wichita Falls locations). Do not select Judge Everett’s Dallas courtroom as the 

location for the hearing. 

CONNECTION INSTRUCTIONS FOR PARTICIPATING IN A WEBEX VIRTUAL HEARING

The court will allow participation in a virtual hearing using either of the following two methods. Please 

connect at least 10 minutes prior to the hearing time. It is recommended that attorneys discuss the logistics

of the WebEx appearance with their clients/witnesses at least 48 hours before the hearing. 

Option 1: Using the WebEx app on your smartphone, tablet, laptop, or desktop.

Please connect using only one device. Using two or more devices may cause audio feedback issues.

If using a phone or tablet for video, it should be set in a stationary position. Holding a phone or tablet in 

your hand while speaking does not yield a good video for the court.

NOTE: If you are experiencing audio issues when using the WebEx application, you may use the “Call

Me At” selection under “Audio Connection” to move just the audio portion of the WebEx conference to

your telephone. 

Option 2: Call in via phone (audio only). 

Webex dial-in number: 1-650-479-3207 (access code: 476 420 189). 

HELPFUL HINTS AND ETIQUETTE

• Please use the mute function when you are not speaking. Please be aware that sometimes the court 

mutes everyone when there is background noise.  When you want to speak, make sure you are not on

mute. Call- in users should dial *6 to unmute your line. 

• Remember to state your name for the record each time before speaking and speak slowly and clearly

so the Court can get a good record.

• Use headphones whenever possible, especially if using a desktop PC with external speakers. We have

found that newer iPhones provide the best visual and audio feed – better than most desktop computers.

If you areon a personal computer, headphones or earbuds are required for those who need to speak 

during the hearing. 

• During examination, attorneys and witnesses should use a separate camera and microphone when

possible. To avoid feedback, parties using separate devices must not be in the same room. The Court 

may consider special requests on a case-by-case basis.

• WebEx participants may use the "share" button to easily share their screen or document with the 

Court or other WebEx participants.  Press “stop sharing” to remove the presentation from the meeting.

• When making an appearance from a vehicle, please park in a safe location with windows rolled up (to

minimize background distraction and noise) and use a headset that is ear-to-phone (not the vehicle’s

hands- free speaker-phone option).

• Suggestions for participating in a WebEx hearing from home: If you are having connectivity 

problems, turn off devices that may be using bandwidth on your home network. Devices or 

applications such as Facetime, Roku, streaming media players, video games, or large downloads can

negatively impact the audio and video quality of the WebEx meeting. 

• Participants are reminded that they should wear attire suitable for court. 

• Participants who wish to test their WebEx connection or the share screen functionality in advance of 

the hearing may arrange a “practice run” by contacting the courtroom deputy. 

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EXHIBITS AND DEMONSTRATIVE AIDS

Exhibits should be filed ahead of time by the date that they would normally be exchanged pursuant to our 

local rules using the "list (witness/exhibit/generic)" OR "notice (generic)” OR “Support/Supplemental 

document” event in ECF. 

Demonstrative aids and Power Points should also be filed prior to the hearing, if possible. If not, WebEx

has the ability to allow you to share your screen, or a particular document, with everyone in the hearing. If 

these documents are admitted as exhibits, they would then have to be filed after the hearing. 

• During the hearing, lawyers can refer to (and offer) their exhibits by referencing the exhibit’s 

docket number for the court and all to access. After the hearing, the court will create a Minute 

Entry reflecting which exhibits were admitted. You should consider emailing exhibits to witnesses

ahead of time since they may not have access to PACER. 

• In addition for evidentiary hearings, when more than ten exhibits have been filed in 

ECF or when the total page count of all exhibits exceeds 500 pages, Judge Everett 

requests a thumb/USB drive be delivered to him prior to the hearing at: U.S. 

Bankruptcy Court, Attn: Stephen Manz, 1100 Commerce Street, Room 1254, Dallas, 

TX 75242. 

• Paper copies of exhibits are not encouraged; however, paper copies may be 

provided to the witness(s) at an in-person hearing if preferred.

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