DOCS_NY:48557.4 36027/003

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) (admitted pro hac vice) 

10100 Santa Monica Blvd., 13th Floor

Los Angeles, CA 90067

Tel: (310) 277-6910

Fax: (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.,

Debtor. 

)

) 

) 

) 

) 

) 

)

Chapter 7 

Case No. 23-31037-swe7 

HIGHLAND CAPITAL MANAGEMENT, L.P.’S SUPPLEMENTAL RESPONSE AND 

JOINDER TO MOTION TO TRANSFER/REASSIGN CASE

Highland Capital Management, L.P. (“Highland”), a creditor and party-in-interest in the 

above-referenced bankruptcy case, by and through its undersigned counsel, hereby files its 

supplement (the “Supplement”) to Highland Capital Management, L.P.’s Response and Joinder 

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to Motion to Transfer/Reassign Cases [Docket No. 26] (the “Joinder”).

1

 In support of thereof, 

Highland respectfully states as follows: 

SUPPLEMENT

1. On June 12, 2023, Select Fund filed a motion to transfer and reassign its bankruptcy

case to Chief Judge Stacey Jernigan [Docket No. 9] (the “Transfer Motion”). Chief Judge Jernigan 

has overseen Highland’s bankruptcy case since it was transferred to her court in December 2019.

2. On July 10, 2023, Select Fund’s court-appointed Chapter 7 trustee, Scott Seidel (the 

“Trustee”), filed Trustee’s Response to Debtor’s Motion to Transfer/Reassign Case [Docket No. 

21] (the “Trustee Response”) in which he took no position with respect to the Transfer Motion. 

3. On July 14, 2023, Highland filed its Joinder in which it argued that the Debtors’ 

cases should be transferred to Chief Judge Jernigan because, among other things, (i) the Debtors’ 

cases and Highland’s bankruptcy case are related, and (ii) any actions against Highland brought in 

these cases would initially have to be heard by Chief Judge Jernigan pursuant to the Gatekeeper

provision in Highland’s Plan.

2

 

4. After Highland filed the Motion, the Trustee filed Trustee’s Motion to Be Included 

in Mediation, Case No. 19-34054-sgj11, Docket No. 3911 (the “Motion for Leave”), seeking leave

to participate in a mediation ordered by Chief Judge Jernigan in Highland’s bankruptcy case. A 

copy of the Motion for Leave is attached hereto as Exhibit A. 

5. In the Motion for Leave, the Trustee acknowledged that the Debtors’ bankruptcy 

cases and Highland’s bankruptcy cases are “intricately intertwined.” Motion for Leave at 2. The 

1 All capitalized terms used but not defined herein have the meanings given to them in the Motion. 

2 Furthermore, any action against Highland would likely implicate the discharge, injunction, and exculpation 

provisions in Highland’s Plan, as well as the bar dates established in that case, further underscoring the related nature 

of the cases and the wisdom in reassigning this case to Chief Judge Jernigan.

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Trustee further acknowledged that, in order to assert a claim against Highland, Chief Judge 

Jernigan must first find that claim “colorable” under the Gatekeeper. Id. at 3.3

6. The Trustee’s acknowledgements in his Motion for Leave provide further 

justification for the granting of the Motion. 

[REMAINDER OF PAGE INTENTIONALLY BLANK]

3 Notably, the only claims cited by the Trustee in his Motion for Leave arose prior to the October 16, 2019, petition 

date of Highland’s bankruptcy and, to the extent viable, were discharged by Highland’s Plan.

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DOCS_NY:48557.4 36027/003

Dated: September 25, 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 Boulevard, 13th Floor 

Los Angeles, CA 90067 

Tel: (310) 277-6910 

Fax: (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.,

Case 23-31037-swe7 Doc 40 Filed 09/25/23 Entered 09/25/23 18:37:25 Desc Main

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