4883-5197-9666.1 36027.003 1

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.

and the Highland Claimant Trust

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

In re:

HIGHLAND CAPITAL MANAGEMENT, L.P.,1

Reorganized Debtor.

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Chapter 11

Case No. 19-34054-sgj11

DUGABOY INVESTMENT TRUST and 

HUNTER MOUNTAIN INVESTMENT TRUST,

Plaintiffs,

vs.

HIGHLAND CAPITAL MANAGEMENT, L.P. 

and HIGHLAND CLAIMANT TRUST,

Defendants.

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Adv. Pro. No. 23-03038-sgj

1 The Reorganized Debtor’s last four digits of its taxpayer identification number are (8357). The headquarters and 

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

Case 23-03038-sgj Doc 13 Filed 11/22/23 Entered 11/22/23 16:41:47 Desc Main

Document Page 1 of 4
THE HIGHLAND PARTIES’ MOTION TO DISMISS COMPLAINT TO (I) COMPEL 

DISCLOSURES ABOUT THE ASSETS OF THE HIGHLAND CLAIMANT TRUST AND 

(II) DETERMINE (A) RELATIVE VALUE OF THOSE ASSETS, AND (B) NATURE OF

PLAINTIFFS’ INTERESTS IN THE CLAIMANT TRUST

Highland Capital Management, L.P. (“Highland” or the “Debtor,” as applicable), and the 

Highland Claimant Trust (the “Claimant Trust,” and together with Highland, the “Highland 

Parties”), the defendants in the above-captioned adversary proceeding, by and through their

undersigned counsel, file this motion (the “Motion”) seeking entry of an order dismissing the 

Complaint to (I) Compel Disclosures About the Assets of the Highland Claimant Trust and (II) 

Determine (A) Relative Value of Those Assets, and (B) Nature of Plaintiffs’ Interest in the Claimant 

Trust [Docket No. 1] (the “Complaint”) filed by The Dugaboy Investment Trust (Dugaboy”) and

Hunter Mountain Investment Trust (“HMIT”). In support of its Motion, the Highland Parties state 

as follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and 1334.

2. This is a core proceeding pursuant to 28 U.S.C. 157(b). 

3. Venue is proper in this district pursuant to 28 U.S.C. § 1409(a).

RELIEF REQUESTED

4. The Highland Parties request that the Court issue the proposed form of order 

attached as Exhibit A (the “Proposed Order”) pursuant to Rule 12(b) of the Federal Rules of Civil 

Procedure, made applicable herein by Rule 7012 of the Federal Rules of Bankruptcy Procedure 

(the “Bankruptcy Rules”).

Case 23-03038-sgj Doc 13 Filed 11/22/23 Entered 11/22/23 16:41:47 Desc Main

Document Page 2 of 4
5. For the reasons set forth more fully in the Highland Parties’ Memorandum of Law 

in Support of Highland Capital Management, L.P. and the Highland Claimant Trust’s Motion to 

Dismiss Complaint (the “Memorandum of Law”) filed contemporaneously with this Motion and 

in accordance with Rule 7007-1(g) of the Local Bankruptcy Rules of the United States Bankruptcy 

Court for the Northern District of Texas, the Highland Parties request that the Court: (a) dismiss 

the Complaint in its entirety and (b) grant the Highland Parties such other and further relief as the 

Court deems just and proper under the circumstances. 

6. Based on the arguments contained in the Memorandum of Law, the Highland

Parties are entitled to the relief requested herein as set forth in the Proposed Order.

7. Notice of this Motion has been provided to all parties. The Highland Parties submit 

that no other or further notice need be provided.

WHEREFORE, the Highland Parties respectfully request that the Court (i) enter the 

Proposed Order substantially in the formed annexed hereto as Exhibit A granting the relief 

requested herein, and (ii) grant the Highland Parties such other and further relief as the Court may 

deem proper.

Case 23-03038-sgj Doc 13 Filed 11/22/23 Entered 11/22/23 16:41:47 Desc Main

Document Page 3 of 4
Dated: November 22, 2023 PACHULSKI STANG ZIEHL & JONES LLP

Jeffrey N. Pomerantz (CA Bar No. 143717)

John A. Morris (NY Bar No. 2405397)

Gregory V. Demo (NY Bar No. 5371992)

Hayley R. Winograd (NY Bar No. 5612569)

10100 Santa Monica Blvd., 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., and the 

Highland Claimant Trust

Case 23-03038-sgj Doc 13 Filed 11/22/23 Entered 11/22/23 16:41:47 Desc Main

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