TRUSTEE’S MOTION: (I) FOR EMERGENCY HEARING ON TRO; (II) TO FILE DOCUMENTS UNDER 

SEAL; AND (III) FOR LIMITED, EXPEDITED DISCOVERY—Page 1 

Davor Rukavina, Esq. 

Texas Bar No. 24030781 

Thomas D. Berghman, Esq. 

Texas Bar No. 24082683 

MUNSCH HARDT KOPF & HARR, P.C. 

500 N. Akard Street, Suite 3800 

Dallas, Texas 75201-6659 

Telephone: (214) 855-7500 

Facsimile: (214) 855-7584 

COUNSEL FOR SCOTT M. SEIDEL, TRUSTEE 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

In re: 

GOODMAN NETWORKS, INC., 

 Debtor. 

SCOTT M. SEIDEL, TRUSTEE, 

 Plaintiff, 

v. 

HUDSON CLEAN ENERGY 

ENTERPRISES, LLC; ALLIANCE TEXAS 

HOLDINGS, LLC; NEIL Z. AUERBACH; 

JUDITH AUERBACH; AUERBACH 

PARTNERS, L.P.; JAMES GOODMAN; 

JAMES FRINZI; GOODMAN 

INVESTMENT HOLDINGS, LLC; 

GENESIS NETWORKS, INC.; GENESIS 

NETWORKS GLOBAL SERVICES, LLC; 

AUERBACH CHILDREN’S DYNASTY 

TRUST U/A/D OCTOBER 9, 2012; and 

AUERBACH FAMILY DYNASTY TRUST 

U/A/D OCTOBER 9, 2012, 

 Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 22-31641-mvl-7 

(Chapter 7) 

ADVERSARY PROCEEDING 

NO: 23-03090-mvl 

TRUSTEE’S MOTION: (I) FOR EMERGENCY HEARING ON TRO; (II) TO FILE 

DOCUMENTS UNDER SEAL; AND (III) FOR LIMITED, EXPEDITED DISCOVERY 

Case 23-03090-mvl Doc 30 Filed 04/30/24 Entered 04/30/24 17:29:12 Desc Main

Document Page 1 of 5
 

TRUSTEE’S MOTION: (I) FOR EMERGENCY HEARING ON TRO; (II) TO FILE DOCUMENTS UNDER 

SEAL; AND (III) FOR LIMITED, EXPEDITED DISCOVERY—Page 2 

TO THE HONORABLE MICHELLE V. LARSON, U.S. BANKRUPTCY JUDGE: 

 COMES NOW Scott M. Seidel, Trustee (the “Trustee”), the trustee of Goodman Networks, 

Inc. (the “Debtor”), the debtor in the above styled and numbered chapter 7 bankruptcy case (the 

“Bankruptcy Case”) and the plaintiff in the above styled and numbered adversary proceeding (the 

“Adversary Proceeding”), and files this his Motion: (i) for Emergency Hearing on TRO; (ii) to 

File Documents Under Seal; and (iii) for Limited, Expedited Discovery (the “Motion”), 

respectfully stating as follows: 

1. Concurrently herewith, the Trustee has filed his Trustee’s Emergency Motion for 

Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction, and Brief In 

Support Thereof (the “TRO Motion”). 

2. The TRO Motion concerns $1,570,000.00 of the Debtor’s Bonds which the Trustee 

asserts are owned by the Estate, either as having been purchased by the Debtor outright or as the 

product of a fraudulent transfer, but which are owned by one or more of the defendants in this 

Adversary Proceeding and which have not been turned over to the Trustee despite demand for the 

same. This represents more than 8.3% of the outstanding Bonds. 

3. The Indenture Trustee has informed the Trustee that it will make a distribution to 

bondholders from the millions of dollars that the Trustee has distributed to the Indenture Trustee 

“any day now.” Hence the urgency supporting the Court’s consideration of the TRO Motion on 

an emergency basis: someone else may receive property of the estate in violation of Texas law and 

in violation of sections 362(a) and 542(a) of the Bankruptcy Code. 

4. The Trustee has been discussing these issues with counsel for the defendants for 

weeks, and has sought an agreed preliminary injunction. Given the urgency of the matter, the 

Trustee can no longer wait for agreement and seeks the Court’s intervention. But the point is 

simple: although the Trustee has just now filed the TRO Motion, the defendants have known of 

Case 23-03090-mvl Doc 30 Filed 04/30/24 Entered 04/30/24 17:29:12 Desc Main

Document Page 2 of 5
 

TRUSTEE’S MOTION: (I) FOR EMERGENCY HEARING ON TRO; (II) TO FILE DOCUMENTS UNDER 

SEAL; AND (III) FOR LIMITED, EXPEDITED DISCOVERY—Page 3 

the issues, and have known that the TRO Motion would be coming absent agreement, for weeks. 

There is no surprise, they are well aware of the issues and the Trustee’s claims (which have been 

pending in this Adversary Proceeding since early November, 2023), and they will suffer no 

prejudice as a result of an emergency hearing. 

5. Furthermore, the relief the Trustee seeks is simply that any payment on the Missing 

Bonds be placed into the Registry of the Court, whereafter this Court can adjudicate all issues 

regarding the same. That, if granted, is likewise no prejudice. Conversely, absent an emergency 

hearing, someone other than the Estate will come into property of the Estate, to the irreparable 

injury of the Estate. 

6. The Trustee further requests that he be permitted to file any evidence in support of 

the TRO Motion under seal, since some of that evidence was produced under protective orders 

prohibiting its general dissemination. 

7. Finally, for the reasons requested in the Motion, the Trustee seeks certain limited, 

expedited discovery, in order that he may ensure admissible evidence at the preliminary injunction 

hearing stage of the TRO Motion. 

8. The Trustee estimates that the requested hearing will take between 30 minutes and 

one hour. 

 WHEREFORE, PREMISES CONSIDERED, the Trustee respectfully requests that the 

Court set the TRO Motion for an emergency hearing on the requested temporary restraining order 

and limited, expedited discovery, on May 2, 2024 at 10:30 a.m. if possible. 

Case 23-03090-mvl Doc 30 Filed 04/30/24 Entered 04/30/24 17:29:12 Desc Main

Document Page 3 of 5
 

TRUSTEE’S MOTION: (I) FOR EMERGENCY HEARING ON TRO; (II) TO FILE DOCUMENTS UNDER 

SEAL; AND (III) FOR LIMITED, EXPEDITED DISCOVERY—Page 4 

RESPECTFULLY SUBMITTED this 30th day of April, 2024. 

MUNSCH HARDT KOPF & HARR, P.C. 

By: /s/ Davor Rukavina 

Davor Rukavina, Esq. 

Texas Bar No. 24030781 

Thomas D. Berghman, Esq. 

Texas Bar No. 24082683 

3800 Ross Tower 

500 N. Akard Street 

Dallas, Texas 75201-6659 

Telephone: (214) 855-7500 

Facsimile: (214) 855-7584 

 Email: drukavina@munsch.com 

COUNSEL FOR SCOTT SEIDEL, CHAPTER 7 

TRUSTEE 

CERTIFICATE OF CONFERENCE

 The undersigned hereby certifies that he discussed the relief requested herein with Randall 

A. Pullman, Esq., counsel of record for the James Goodman entities, and with Michael Cancienne, 

Esq., counsel of record for the Hudson entities, and that no agreement was reached. Both 

gentlemen informed the undersigned that they have other obligations on May 2 at 10:30, but did 

not provide alternatives, although Mr. Cancienne indicated that he would seek to find cover. 

Further, with respect to Mr. Pullman, while the undersigned understands his schedule, there are 

others at his law firm who are surely capable of handling a TRO hearing. 

By: /s/ Davor Rukavina 

Davor Rukavina, Esq. 

Case 23-03090-mvl Doc 30 Filed 04/30/24 Entered 04/30/24 17:29:12 Desc Main

Document Page 4 of 5
 

TRUSTEE’S MOTION: (I) FOR EMERGENCY HEARING ON TRO; (II) TO FILE DOCUMENTS UNDER 

SEAL; AND (III) FOR LIMITED, EXPEDITED DISCOVERY—Page 5 

CERTIFICATE OF SERVICE

 The undersigned hereby certifies that, on this the 30th day of April, 2024, true and correct 

copies of this Motion were electronically served by the Court’s ECF system on parties entitled to 

notice thereof through their counsel of record and that, on the same day, he caused true and correct 

copies of this Motion to be served by e-mail on the following counsel of record: 

 Jason Rudd, Esq. at jason.rudd@wickphillips.com

 Randall A. Pulman, Esq. at RPulman@pulmanlaw.com 

 Michael Cancienne, Esq., at mcancienne@jlcfirm.com 

By: /s/ Davor Rukavina 

Davor Rukavina, Esq. 

4860-1207-9802v.1 013229.00016 

Case 23-03090-mvl Doc 30 Filed 04/30/24 Entered 04/30/24 17:29:12 Desc Main

Document Page 5 of 5