UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

ROBERT HOLLAND )

)

Plaintiff, )

)

v. ) Civil Case No. 2:13-CV-00491-RL-JEM

)

CEREBERUS CAPITAL )

MANAGEMENT, L.P., et al., )

)

Defendants. )

MOTION FOR ORAL ARGUMENT ON CERBERUS DEFENDANTS’ MOTION

TO DISMISS PLAINTIFF’S VERIFIED COMPLAINT PURSUANT TO

FED. R. CIV. P. 12(B)(6) AND (B)(2)

Cerberus Capital Management, LP, Robert Nardelli, and Stephen Feinberg

(“Cerberus Defendants”), by and through their counsel, and pursuant to Local Rule

7-5(a), respectfully move the Court to schedule oral argument on their Motion to

Dismiss Plaintiff’s Verified Complaint Pursuant to Federal Rules of Civil Procedure

12(b)(6) and (b)(2) (Dkt No. 28), and Memorandum of Law in Support of Their

Motion to Dismiss (Dkt No. 29). In support of the instant motion Cerberus

Defendants state as follows:

1. Cerberus Defendants filed their Motion to Dismiss Plaintiff’s Verified

Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and (b)(2) (Dkt No.

28) and Memorandum of Law in Support of Their Motion to Dismiss (Dkt No. 29) on

June 17, 2014. 2. On July 16, 2014, Plaintiff filed his Response to the Motion to Dismiss

(Dkt No. 58).

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3. Contemporaneous with the filing of the instant motion, Cerberus

Defendants are filing their Reply in Support of Their Motion to Dismiss Plaintiff’s

Verified Complaint. Thus, the issues raised in Cerberus Defendants’ Motion and

Memorandum will be fully briefed as of today.

4. Cerberus Defendants respectfully submit that inasmuch as the Motion,

if granted, would be dispositive, an oral argument on the issues raised in the Motion

and Memorandum would be helpful to the Court in better understanding the

Cerberus Defendants’, as well as the Plaintiff’s, respective positions.

5. Cerberus Defendants estimate that thirty (30) minutes should be

sufficient for oral argument.

WHEREFORE, Cerberus Defendants respectfully request that the Court

issue an Order scheduling oral argument on their Motion to Dismiss Plaintiff’s

Verified Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and (b)(2)

(Dkt No. 28), and Memorandum of Law in Support of Their Motion to Dismiss (Dkt

No. 29). Respectfully submitted,

s/ Mark D. Stuaan

Jason R. Barclay

Mark D. Stuaan

BARNES & THORNBURG LLP

11 South Meridian Street

Indianapolis, Indiana 46204

Telephone: 317/236-1313

Facsimile: 317/231-7433

E-Mail: jason.barclay@btlaw.com

E-Mail: mark.stuaan@btlaw.com

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Howard O. Godnick (pro hac vice entered

6/26/14)

Joshua R. Schonauer (pro hac vice entered

6/26/14)

SCHULTE ROTH & ZABEL LLP

919 Third Avenue

New York, NY 10022

Tel. (212) 756-2000

Fax (212) 593-5955

Email: howard.godnick@srz.com

Email: joshua.schonauer@srz.com

Attorneys for Defendants Cerberus Capital

Management, L.P., Stephen Feinberg and

Robert Nardelli

CERTIFICATE OF SERVICE

I hereby certify that on the 23rd day of July, 2014, a copy of the foregoing was

filed electronically and has been served on all counsel of record by the Court’s ECF

filing system.

Additionally, a copy of the foregoing was sent to the following pro se Plaintiff

by depositing the same in the United States mail, first class, postage prepaid:

Robert Holland

1120 Baker Street

Gary, IN 46404

s/ Mark D. Stuaan

Mark D. Stuaan

INDS01 1467612v1

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