Case number: 3:18-bk-31722 - ServiCom LLC, JNET Communications LLC, and Vitel Communications LLC - Connecticut Bankruptcy Court

SCHEDULING ORDER REGARDING SCOPE OF SEALED RECORD:

This case commenced on October 19, 2018, and the docket of the main bankruptcy case here (18-31722, 18-31723 and 18-31724, as jointly administered, the "Main Case") now comprises more than 2,000 docket entries. Pursuant to a Protective Order entered in the Main Case and in adversary proceeding cases 19-3005 and 19-3006, the parties have filed tens, if not hundreds, of thousands of pages under seal at the summary judgment stage, and in anticipation of a three-day evidentiary hearing held on July 8, 9, and 10, 2025. (the "Evidentiary Hearing"). With the evidentiary portion of the Evidentiary Hearing concluded, the court now intends to hold in-person oral arguments on July 29, 2025.

The Parties have relied upon documents and information designated as confidential under the Protective Order in their summary judgment motions and memoranda relating to the question of Coral's entitlement to an early termination fee under a secured term note. However, pursuant to this court's recent order determining the applicability of 11 U.S.C. § 107(b) to this case, (ECF No. 2142, the "107 Order") the vast majority of documents which have been filed under seal in these cases, both during the summary judgment stage and in anticipation of the Evidentiary Hearings, may now be unsealed or redacted as set forth in the 107 Order.

Accordingly, it is hereby

ORDERED: The court will hold a hearing on July 29, 2025, for parties to present oral argument relating to the Evidentiary Hearing. Each party shall have 30 minutes to present their arguments, with Coral being permitted an additional 10 minutes for rebuttal. Should any party wish to file documents in advance of oral argument they must do so on or before July 28, 2025, at 2:00 p.m. New York time, and any such submission is limited to 10 pages. And, it is further

ORDERED: On or before August 15, 2025, Coral must file a new ECF document in the Main Case, substantially in the form of an exhibit list, containing all previously sealed summary judgment exhibits – including those in Case Nos. 19-03005 and 19-03006 – which are no longer subject to sealing (but which may be subject to redaction as detailed in the 107 Order) as attached exhibits, and a second ECF document which contains all summary judgment exhibits which are subject to sealing pursuant to the 107 Order as attached exhibits. For additional information on how to file this list of documents and attachments Coral should reference ECF No. 2071, Exhibit A. These submissions should contain only a single copy of any document in the summary judgment record, even if previously filed multiple times or by multiple parties. And, it is further

ORDERED: On or before August 15, 2025, Coral must file an updated exhibit list in the Main Case containing all materials which were offered or admitted into evidence during the Evidentiary Hearing that were previously sealed but are no longer subject to sealing (but which may be subject to redaction as detailed in the 107 Order) as attached exhibits, and a second document containing all materials admitted to evidence during the Evidentiary Hearing that are subject to sealing pursuant to the 107 Order as attached exhibits. For additional information on how to file this list of documents and attachments Coral should reference ECF No. 2071, Exhibit A. In each exhibit list, the attached exhibits which were offered or admitted into evidence during the Evidentiary Hearing should bear the same designation used at the time it was offered or admitted (e.g. Exhibit 2099-15 or Exhibit 2095-11, etc.). And, it is further

ORDERED: On or before August 29, 2025, any objections or responses to Coral's proposed redactions or to Coral's refusal to unseal a document must be filed. Signed by Chief Judge Ann M. Nevins on July 17, 2025. (sms) (Entered: 07/17/2025)