Order
of 1/13/06 Re: [97] Assented To Motion filed by Debtor Weston Nurseries, Inc.
to Pay Due Diligence Costs and Related Expenses in Connection With Proposed
Loan From Business Alliance Capital Company; and (b) Allow Super-Priority
Administrative Claim. #97 GRANTED.
Hearing held and Continued for 2/7/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [77] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time
to Assume or Reject. (No Document Attached)
Order
Re: [77] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time to Assume
or Reject. CONTINUED TO 2/7/06 AT 2:00 P.M. BY AGREEMENT. TIME TO ASSUME OR
REJECT IS EXTENDED (SUBJECT TO FURTHER EXTENSIONS) THROUGH 2/9/06 AT 4:30
P.M. 1/31/2006.
Hearing held and Continued for 2/7/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [33] Motion filed by Creditor Mezitt Agricultural Corporation
for Relief from Stay or in the alternative for Adequate Protection (No Document
Attached)
Order
Re: [33] Motion filed by Creditor Mezitt Agricultural Corporation for Relief
from Stay or in the alternative for Adequate Protection. CONTINUED TO 2/7/06
AT 2:00 P.M. BY AGREEMENT. 1/31/2006.
Hearing
scheduled for 2/7/2006 at 02:00 PM Worcester Courtroom 3 - JBR RE: [109] Assented
to Motion filed by Debtor Weston Nurseries, Inc. to Extend Plan Exclusivity
Periods.
Limited
Opposition with certificate of service by Creditor Mezitt Agricultural Corporation
Re: [109] Assented to Motion filed by Debtor Weston Nurseries, Inc. to Extend
Plan Exclusivity Periods with certificate of service
Opposition
to Debtor?s Request to Extend Plan Exclusively with certificate of service
by Creditor First Pioneer Farm Credit, ACA Re: [109] Assented to Motion filed
by Debtor Weston Nurseries, Inc. to Extend Plan Exclusivity Periods with certificate
of service
Hearing Held and Continued for 2/22/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [33] Motion filed by Creditor Mezitt Agricultural Corporation
for Relief from Stay or in the alternative for Adequate Protection. (No Document
Associated With This Link)
Order
of 1/7/06 Re: [33] Motion filed by Creditor Mezitt Agricultural Corporation
for Relief from Stay or in the alternative for Adequate Protection. CONTINUED
TO 2/22/06 AT 2:00 P.M. BY AGREEMENT. 2/8/2006.
Hearing held and Continued for. Hearing scheduled for 2/22/2006 at 02:00
PM Worcester Courtroom 3 - JBR RE: [77] Motion to Extend Time to Assume or
Reject filed by Debtor Weston Nurseries, Inc. (No Document Associated With
This Link)
Hearing Held RE: [109] Assented to Motion filed by Debtor Weston Nurseries,
Inc. to Extend Plan Exclusivity Periods. (No Document Associated With This
Link)
Order
of 2/7/06 Re: [77] Motion filed by Debtor Weston Nurseries, Inc. to Extend
Time to Assume or Reject. CONTINUED TO 2/22/06 AT 2:00 P.M. BY AGREEMENT.
TIME TO ASSUME OR REJECT IS EXTENDED (SUBJECT TO FURTHER EXTENSIONS) THROUGH
3/1/06 AT 4:30 P.M. 2/8/2006.
Order
of 2/7/06 Re: [109] Assented to Motion filed by Debtor Weston Nurseries, Inc.
to Extend Plan Exclusivity Periods. EXCLUSIVITY MOTION GRANTED - EXTENDED
TO 3/13/06 (SUBJECT TO FURTHER EXTENSIONS). IF A MOTION FOR FURTHER EXTENSION
IS MADE, EXCLUSIVITY IS EXTENDED UNTIL SAID MOTION CAN BE HEARD. 2/8/2006.
Joint
Motion filed by Creditor Mezitt Agricultural Corporation to Continue Hearing
(Re: [33] Motion for Relief From Stay and Adequate Protection, [77] Motion
to Extend Time to Assume or Reject)
Opposition
with certificate of service by Creditor First Pioneer Farm Credit, ACA Re:
[77] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time to Assume
or Reject
Joint
Motion filed by Creditor Mezitt Agricultural Corporation For Expedited Determination
(Re:[121] Motion to Continue/Cancel Hearing)
Hearing scheduled
for 2/22/2006 at 02:00 PM Worcester Courtroom 3 - JBR for [123] Joint Motion
filed by Creditor Mezitt Agricultural Corporation For Expedited Determination
(Re:[121] Motion to Continue/Cancel Hearing). No Document Associated With
This Link
Endorsed
Order Re: [123] Joint Motion filed by Creditor Mezitt Agricultural Corporation
For Expedited Determination (Re:[121] Motion to Continue/Cancel Hearing).
A HEARING ON THE JOINT MOTION FOR CONTINUANCE WILL BE HELD ON FEBRAURY 22,
2006 AT 2:00 P.M. 2/17/2006.
Hearing held and Continued for 3/22/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [33] Motion filed by Creditor Mezitt Agricultural Corporation
for Relief from Stay or in the alternative for Adequate Protection. No Document
Associated With This Link.
Order
of 3/22/06 Re: [33] Motion filed by Creditor Mezitt Agricultural Corporation
for Relief from Stay or in the alternative for Adequate Protection. CONTINUED
TO 3/22/06 AT 2:00 P.M. BY AGREEMENT. 2/23/2006.
Hearing Held [109] Debtor's Assented to Motion for Extension of Plan Exclusivity
Periods. No Document Associated With This Link.
Hearing scheduled for 3/22/2006 at 02:00 PM Worcester Courtroom 3 - JBR
RE: [109] Assented to Motion filed by Debtor Weston Nurseries, Inc. to Extend
Plan Exclusivity Periods. No Document Associated With This Link.
Order
of 2/22/06 Re: [109] Assented to Motion filed by Debtor Weston Nurseries,
Inc. to Extend Plan Exclusivity Periods. CONTINUED TO 3/22/06 AT 2:00 P.M.
EXCLUSIVITY EXTENDED TO 3/29/06 AT 4:30 P.M.
Hearing held and Continued for 3/22/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [77] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time
to Assume or Reject. No Document Associated With This Link.
Order
of 2/22/2006 Re: [77] Motion filed by Debtor Weston Nurseries, Inc. to Extend
Time to Assume or Reject. CONTINUED TO 3/22/06 AT 2:00 P.M. TIME TO ASSUME
OR REJECT UNEXPIRED LEASES IS EXTENDED TO 3/29/06 AT 4:0 P.M. (SUBJECT TO
FURTHER EXTENSIONS). 2/23/2006.
Hearing Held RE: [121] Motion to Continue/Cancel Hearing filed by Creditor
Mezitt Agricultural Corporation. No Document Associated With This Link.
Order
of 2/22/06 Re: [121] Joint Motion filed by Creditor Mezitt Agricultural Corporation
to Continue Hearing (Re: [33] Motion for Relief From Stay and Adequate Protection,
[77] Motion to Extend Time to Assume or Reject. GRANTING. SEE ORDER OF EVEN
DATE. 2/23/2006.
Motion
filed by Debtor Weston Nurseries, Inc. For Interim and Final Orders Authorizing
Postpetition Secured Superpriority Financing Pursuant to sections 105(a),
362, 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy Code, Authorizing Debtor
to: (1) Obtain Final Financing; (2) Granting Senior Liens; and (3) Authorizing
Debtor to Enter Into Agreements With Business Alliance Capital Company (Attachments:
# (1) Exhibit A# (2) Exhibit B# (3) Exhibit B (cont.)# (4) Exhibit C# (5)
Exhibit D)
Motion
filed by Debtor Weston Nurseries, Inc. For Expedited Hearing (Re: [136] Miscellaneous
Motion,, ) Regarding Debtor's Motion for Interim and Final Orders Authorizing
Postpetition Secured Superpriority Financing Pursuant to sections 105(a),
362, 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy Code, Authorizing Debtor
to: (1) Obtain Final Financing; (2) Granting Senior Liens; and (3) Authorizing
Debtor to Enter Into Agreements With Business Alliance Capital Company
Endorsed
Order Dated 3/20/06 Granting [137] Motion filed by Debtor Weston Nurseries,
Inc. For Expedited Hearing [136] Regarding Debtor's Motion for Interim and
Final Orders Authorizing Postpetition Secured Superpriority Financing Pursuant
to sections 105(a), 362, 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy
Code, Authorizing Debtor to: (1) Obtain Final Financing; (2) Granting Senior
Liens; and (3) Authorizing Debtor to Enter Into Agreements With Business Alliance
Capital Company. HEARING SCHEDULED FOR 3/22/06 AT 2:00 PM
Notice
of Hearing with Certificate of Service (RE: [137] Motion For Emergency/Expedited
Hearing,, ). filed by Debtor Weston Nurseries, Inc.
Notice
of Appearance and Request for Notice by James C. Fox with certificate of service.
filed by Interested Party Alan D. Business Alliance Capital Company Wiene
Objection
by Creditor First Fairway Associates, LLC Re: [136] Motion filed by Debtor
Weston Nurseries, Inc. For Interim and Final Orders Authorizing Postpetition
Secured Superpriority Financing Pursuant to sections 105(a), 362, 364(c)(2),
364(c)(3) and 364(d) of the Bankruptcy Code, Authorizing Debtor to
Opposition
by Creditor Mezitt Agricultural Corporation Re: [136] Motion filed by Debtor
Weston Nurseries, Inc. For Interim and Final Orders Authorizing Postpetition
Secured Superpriority Financing Pursuant to sections 105(a), 362, 364(c)(2),
364(c)(3) and 364(d) of the Bankruptcy Code, Authorizing Debtor to
Objection
(Partial) by Creditor First Pioneer Farm Credit, ACA Re: [136] Motion filed
by Debtor Weston Nurseries, Inc. For Interim and Final Orders Authorizing
Postpetition Secured Superpriority Financing Pursuant to sections 105(a),
362, 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy Code, Authorizing Debtor
to
Hearing Held RE: [136] Motion filed by Debtor Weston Nurseries, Inc. For
Interim and Final Orders Authorizing Postpetition Secured Superpriority Financing
Pursuant to sections 105(a), 362, 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy
Code, Authorizing Debtor to: (1) Obtain Final Financing; (2) Granting Senior
Liens; and (3) Authorizing Debtor to Enter Into Agreements With Business Alliance
Capital Company. No Document Associated With This Link.
Order
Dated 3/23/06 Regarding [136] Motion filed by Debtor Weston Nurseries, Inc.
For Interim and Final Orders Authorizing Postpetition Secured Superpriority
Financing Pursuant to sections 105(a), 362, 364(c)(2), 364(c)(3) and 364(d)
of the Bankruptcy Code, Authorizing Debtor to: (1) Obtain Final Financing;
(2) Granting Senior Liens; and (3) Authorizing Debtor to Enter Into Agreements
With Business Alliance Capital Company. PROPOSED ORDER TO BE SUBMITTED.
Hearing Held and Continued for 4/5/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [109] Assented to Motion filed by Debtor Weston Nurseries, Inc.
to Extend Plan Exclusivity Periods. No Document Associated With This Link.
Order
Dated 3/23/06 Regarding [109] Assented to Motion filed by Debtor Weston Nurseries,
Inc. to Extend Plan Exclusivity Periods. CONTINUED TO 4/5/06 AT 2:00 PM. COUNSEL
TO PROVIDE A STATUS REPORT AT THE TIME OF THE HEARING.
Hearing Held and Continued for 4/5/2006 at 02:00 PM Worcester Courtroom
3 - JBR RE: [77] Motion to Extend Time to Assume or Reject filed by Debtor
Weston Nurseries, Inc. No Document Associated With This Link.
Order
Dated 3/23/06 Regarding [77] Motion filed by Debtor Weston Nurseries, Inc.
to Extend Time to Assume or Reject. CONTINUED TO 4/5/06 AT 2:00 PM. TIME TO
ASSUME OR REJECT UNEXPIRED LEASES IS EXTENDED TO 4/12/06 AT 4:30 PM. (SUBJECT
TO FURTHER EXTENSIONS)
Hearing Held RE: [33] Motion for Relief From Stay and Adequate Protection
filed by Creditor Mezitt Agricultural Corporation (Leases). No Document Associated
With This Link.
Evidentiary Hearing scheduled for 5/30/2006 at 09:30 AM Worcester Courtroom
3 - JBR RE: [33] Motion filed by Creditor Mezitt Agricultural Corporation
for Relief from Stay or in the alternative for Adequate Protection. (Leases).
No Document Associated With This Link.
Order
Dated 5/30/06 Regarding [33] Motion for Relief from Stay (Leases) filed by
Mezitt Agricultural Corporation. CONTINUED TO 5/30/06 AT 9:30 AM EVIDENTIARY
HEARING. PREHEARING ORDER TO ENTER.
CONTESTED
MATTER PREHEARING ORDER Re: [33] Motion filed by Creditor Mezitt Agricultural
Corporation for Relief from Stay or in the alternative for Adequate Protection
and [92] Opposition, filed by Debtor Weston Nurseries, Inc). (see order for
Full text)
Hearing scheduled for 4/5/2006 at 02:00 PM Worcester Courtroom 3 - JBR
RE: [136] Motion filed by Debtor Weston Nurseries, Inc. For Interim and Final
Orders Authorizing Postpetition Secured Superpriority Financing. No Document
Associated With This Link.
Order
Regarding [136] Motion filed by Debtor Weston Nurseries, Inc. For Interim
and Final Orders Authorizing Postpetition Secured Superpriority Financing.
(See Order For Full Text) 3/24/2006.
Notice
of Hearing with Certificate of Service (RE: Hearing Scheduled). filed by Debtor
Weston Nurseries, Inc.
Final
Application for Compensation of First Fairway Associates, LLC for Attorneys'
Fees and Expenses as Fully Secured Creditor for First Fairway Associates,
LLC, Creditor's Attorney, Period: 4/28/2005 to 3/23/2006, Fee: $57,926.46,
Expenses: $3,444.30. (Attachments: # (1) Exhibit B# (2) Exhibit C# (3) Exhibit
D# (4) Certificate of Service # (5) Exhibit A)
Hearing
scheduled for 5/11/2006 at 11:00 AM Worcester Courtroom 3 - JBR RE: [158]
Final Application for Compensation of First Fairway Associates, LLC for Attorneys'
Fees and Expenses as Fully Secured Creditor for First Fairway Associates,
LLC, Creditor's Attorney, Period: 4/28/2005 to 3/23/2006, Fee: $57,926.46,
Expenses: $3,444.30. Objections due by 4/28/2006 at 04:30 PM
Joint
Motion filed by Creditor Mezitt Agricultural Corporation For Continuance of
Dates Set Forth in Contested Matter Prehearing Order Regarding Motion for
Relief from Automatic Stay or, Alternatively, Motion for Adequate Protection
Filed by Mezitt Agricultural Corporation, Roger N. Mezitt and Merylyn J. Mezitt
Joint
Motion filed by Creditor Mezitt Agricultural Corporation For Emergency Hearing
(Re: [162] Miscellaneous Motion, ) Joint Motion for Continuance of Dates Set
Forth in Contested Matter Prehearing Order
Notice
of Hearing and Filing (RE: [158] Application for Compensation, ). filed by
Creditor First Fairway Associates, LLC
Endorsed
Order Re: [163] Joint Motion filed by Creditor Mezitt Agricultural Corporation
For Emergency Hearing (Re: [162] Miscellaneous Motion, ) Joint Motion for
Continuance of Dates Set Forth in Contested Matter Prehearing Order. ALLOWED.
THE HEARING IS SCHEDULED FOR 4/5/06 AT 2:00 P.M. IN BOSTON
Objection
(Updated and Renewed) to DIP Loan and to Continuation of the Period of Lease
Assumption by Creditor First Pioneer Farm Credit, ACA Re: [137] Motion filed
by Debtor Weston Nurseries, Inc. For Expedited Hearing (Re: [136] Miscellaneous
Motion,, ) Regarding Debtor's Motion for Interim and Final Orders Authorizing
Postpetition Secured Superpriority Financing Pursuant to sections 105(, [77]
Motion filed by Debtor Weston Nurseries, Inc. to Extend Time to Assume or
Reject
Motion
filed by Attorney Jager Smith P.C. to Limit Notice (Re:[170] Application for
Compensation, )
First
Application for Compensation for Services Rendered and for Reimbursement of
Expenses for Jager Smith P.C., Creditor Comm. Aty, Period: 11/3/2005 to 3/31/2006,
Fee: $49,858.25, Expenses: $761.72. (Attachments: # (1) Exhibit A# (2) Exhibit
B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F)
Status
Report Regarding Plan, Sale Negotiation Efforts with Certificate of Service.
filed by Debtor Weston Nurseries, Inc.
Endorsed
Order Re: [171] Motion filed by Attorney Jager Smith P.C. to Limit Notice
(Re:[170] Application for Compensation. ALLOWED.
FINAL
ORDER Authorizing Postpetition Secured Superpriority Financing Pursuant to
Sections 105(a), 362, 364(c)(1), 364(c)(2), 364(c)(3) and 364(d), Authorizing
Debtor (1) to Obtain Final Financing, (2) Granting Senior Liens and Superpriority
Administrative Expense Status, and (3) Authorizing Debtor to Enter into Agreements
with Business Alliance Capital Company Regarding ([136]) Debtors' Motion for
Interim and Final Orders.
Hearing Held RE: [77] Motion filed by Debtor Weston Nurseries, Inc. to
Extend Time to Assume or Reject. No Document Associated With This Link
Order
Re: [77] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time to Assume
or Reject. TIME TO ASSUME OR REJECT UNEXPIRED LEASES IS EXTENDED TO 6/12/06
AT 4:30 P.M. (SUBJECT TO FURTHER EXTENSIONS). 4/6/2006.
Hearing Held RE: [136] Motion filed by Debtor Weston Nurseries, Inc. For
Interim and Final Orders Authorizing Postpetition Secured Superpriority Financing
Pursuant to sections 105(a), 362, 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy
Code, Authorizing Debtor. No Document Associated With This Link.
Order
Re: [109] Assented to Motion filed by Debtor Weston Nurseries, Inc. to Extend
Plan Exclusivity Periods. #109 GRANTED. EXCLUSIVITY EXTENDED FOR AN ADDITIONAL
60 DAYS, THROUGH JUNE 5, 2006. 4/6/2006.
Hearing Held RE: [109] Assented to Motion filed by Debtor Weston Nurseries,
Inc. to Extend Plan Exclusivity Periods. No Document Associated With This
Link.
Hearing Held RE: [162] Joint Motion filed by Creditor Mezitt Agricultural
Corporation For Continuance of Dates Set Forth in Contested Matter Prehearing
Order Regarding [33] Motion for Relief from Automatic Stay or, Alternatively,
Motion for Adequate Protection and [92] Opposition. No Document Associated
With This Link.
Order
of 4/5/06 Re: [33] Joint Motion filed by Creditor Mezitt Agricultural Corporation
For Continuance of Dates Set Forth in Contested Matter Prehearing Order Regarding
[33] Motion for Relief from Automatic Stay or, Alternatively, Motion for Adequate
Protection Granting [162] Motion. JOINT MOTION FOR CONTINUANCE OF DATES (DOCKET
#162) IS GRANTED. SETTLEMENT PAPERS TO BE FILED WITHIN 14 DAYS. 4/6/2006.
Estimated
Expenses for March Filed by Alan L. Braunstein RE: [136]Motion filed by Debtor
Weston Nurseries, Inc. For Interim and Final Orders Authorizing Postpetition
Secured Superpriority Financing Pursuant.
Hearing
scheduled for 5/11/2006 at 11:00 AM Worcester Courtroom 3 - JBR RE: [170]
First Application for Compensation for Services Rendered and for Reimbursement
of Expenses for Jager Smith P.C., Creditor Comm. Aty, Period: 11/3/2005 to
3/31/2006, Fee: $49,858.25, Expenses: $761.72. Objections due by 4/28/2006
at 04:30 PM
Motion
filed by Interested Party Alan D. Business Alliance Capital Company Wiene
For Authority to Pay Legal Fees and Expenses Incurred
Corrective
Entry RE: [191] Motion filed by Business Alliance Capital Company For Authority
to Pay Legal Fees and Expenses Incurred (Attachments: # (1) Certificate of
Service) (Fox, James) CORRECTIVE ENTRY: Party Modified per Pleading. Modified
on 4/14/2006
Hearing
scheduled for 6/8/2006 at 10:00 AM Worcester Courtroom 3 - JBR for [191] Motion
filed by Business Alliance Capital Company For Authority to Pay Legal Fees
and Expenses Incurred. Objections due by 5/19/2006 at 04:30 PM.
Hearing
Re-Scheduled for 5/11/2006 at 11:00 AM Worcester Courtroom 3 - JBR RE: [191]
Motion filed by Business Alliance Capital Company For Authority to Pay Legal
Fees and Expenses Incurred. Objections due by 5/10/2006 at 12:00 PM
By
Debtor Weston Nurseries, Inc. Stipulation of Settlement. filed by Debtor Weston
Nurseries, Inc.
Motion
filed by Debtor Weston Nurseries, Inc. For An Order: (A) Approving Procedures
Governing Proposed Sale of Assets Owned by Debtor and Certain Insiders Free
and Clear of Liens, Claims, and Encumbrances; (B) Approving Form and Manner
of Notice of Sale; (C) Authorizing Re-Payment of Due Diligence Costs; and
(D) Granting Related Relief
Application
filed by Debtor Weston Nurseries, Inc. to Employ Cushman & Wakefield of
Massachusetts, Inc. as Broker Debtor's Application for Order Authorizing Engagement
of Cushman & Wakefield of Massachusetts, Inc. as Debtor's Real Estate
Broker and Payment of Broker's Fee Upon Closing of the Sale of the Property
Affidavit
Affidavit
of Marci G. Loeber in Support of Debtor's Motion for Order Authorizing Debtor's
Engagement of Cushman & Wakefield of Massachusetts, Inc. as Real Estate
Broker and Payment of Broker's Fee Upon Closing of the Sale of the Property
(Re: [199] Application to Employ, ). filed by Debtor Weston Nurseries, Inc.
Motion
filed by Debtor Weston Nurseries, Inc. to Approve Settlement Between and Among
Weston Nurseries, Inc., Mezitt Agricultural Corporation, Roger N. Mezitt,
Merylyn J. Mezitt and R. Wayne Mezitt
Limited
Objection by Creditor Committee Official Committee of Unsecured Creditors
Re: [204] Motion filed by Debtor Weston Nurseries, Inc. to Approve Settlement
Between and Among Weston Nurseries, Inc., Mezitt Agricultural Corporation,
Roger N. Mezitt, Merylyn J. Mezitt and R. Wayne Mezitt
Endorsed
Order Re: [199] Application filed by Debtor Weston Nurseries, Inc. to Employ
Cushman & Wakefield of Massachusetts, Inc. as Broker. DENIED WITHOUT PREJUDICE
FOR FAILURE TO COMPLY WITH MLBR 2014-1. 4/25/2006.
Hearing
scheduled for 5/11/2006 at 11:00 AM Worcester Courtroom 3 - JBR RE: [204]
Motion filed by Debtor Weston Nurseries, Inc. to Approve Settlement Between
and Among Weston Nurseries, Inc., Mezitt Agricultural Corporation, Roger N.
Mezitt, Merylyn J. Mezitt and R. Wayne Mezitt
Hearing
scheduled for 5/11/2006 at 11:00 AM Worcester Courtroom 3 - JBR RE: [198]
Motion filed by Debtor Weston Nurseries, Inc. For An Order: (A) Approving
Procedures Governing Proposed Sale of Assets Owned by Debtor and Certain Insiders
Free and Clear of Liens, Claims, and Encumbrances; (B) Approving Form and
Manner of Notice of Sale; (C) Authorizing Re-Payment of Due Diligence Costs;
and (D) Granting Related Relief.
Limited
Opposition by Postpetition Secured Lender by Interested Party Business Alliance
Capital Company Re: [204] Motion filed by Debtor Weston Nurseries, Inc. to
Approve Settlement Between and Among Weston Nurseries, Inc., Mezitt Agricultural
Corporation, Roger N. Mezitt, Merylyn J. Mezitt and R. Wayne Mezitt
Motion
filed by Debtor Weston Nurseries, Inc. to Extend Time to File a Response/Objection
with regard to the Final Fee Application of First Fairway Associates, LLC
for Attorneys? Fees and Expenses [Re:[158] Final Application for Compensation
of First Fairway Associates, LLC for Attorneys' Fees and Expenses as Fully
Secured Creditor for First Fairway Associates, LLC, Creditor's Attorney, Period:
4/28/2005 to 3/23/2006, Fee: $57,926.46, Exp]
Endorsed
Order Re: [213] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time
to File a Response/Objection with regard to the [158] Final Fee Application
of First Fairway Associates, LLC for Attorneys? Fees and Expenses. ALLOWED.
5/1/2006.
Second
Motion filed by Debtor Weston Nurseries, Inc. to Extend Time to File Response/Objection
with regard to the Final Fee Application of First Fairway Associates, LLC
for Attorneys' Fees and Expenses [Re:[158] Final Application for Compensation
of First Fairway Associates, LLC for Attorneys' Fees and Expenses as Fully
Secured Creditor for First Fairway Associates, LLC, Creditor's Attorney, Period:
4/28/2005 to 3/23/2006, Fee: $57,926.46, Exp] (Assented to)
Application
filed by Debtor Weston Nurseries, Inc. to Employ Marci G. Loeber as Real Estate
Broker Renewed Motion for Order Authorizing Engagement of Cushman & Wakefield
of Massachusetts, Inc. as Debtor's Real Estate Broker and Payment of Broker's
Fee Upon Closing of the Sale of the Property with Affidavit
Endorsed
Order Re: [221] Second Motion filed by Debtor Weston Nurseries, Inc. to Extend
Time to File Response/Objection [Re:[158] Final Application for Compensation
of First Fairway Associates, LLC for Attorneys' Fees Expenses. ALLOWED.
Notice
of Appearance and Request for Notice by Peter D Bilowz with certificate of
service. filed by Creditor CB Richard Ellis - N.E. Partners, L.P.
Limited
Objection with certificate of service by Creditor CB Richard Ellis - N.E.
Partners, L.P. Re: [204] Motion filed by Debtor Weston Nurseries, Inc. to
Approve Settlement Between and Among Weston Nurseries, Inc., Mezitt Agricultural
Corporation, Roger N. Mezitt, Merylyn J. Mezitt and R. Wayne Mezitt
Statement
of Recommendation by First Fairway Associates, LLC and Debtor with regard
to Application of First Fairway Associates, LLC for Attorneys Fees and Expenses
with certificate of service (Re: [158] Application for Compensation, ). filed
by Debtor Weston Nurseries, Inc.
Joint
Motion filed by Creditor First Pioneer Farm Credit, ACA For Emergency Hearing
(Re: [229] Motion to Approve) Entry of Stipulated Order for Relief From Stay
Joint
Motion filed by Creditor First Pioneer Farm Credit, ACA to Approve Entry of
Stipulated Order for Relief From Stay
Exhibit
Stipulated Order for Relief fron Stay (Re: [229] Motion to Approve). filed
by Creditor First Pioneer Farm Credit, ACA
Order
Re: [191] Motion filed by Business Alliance Capital Company For Authority
to Pay Legal Fees and Expenses Incurred. APPLICATION APPROVED AS TO RUBERTO,
ISRAEL & WEINER, P.C. COURT REQUIRES FURTHER INFORMATION AS TO GENERAL
COUNSEL'S FEE APPLICATION. 5/11/2006.
Order
Granting [158] Final Application for Compensation of First Fairway Associates,
LLC for Attorneys' Fees and Expenses as Fully Secured Creditor for First Fairway
Associates, LLC, Creditor's Attorney, 5/11/2006.
Order
Re: [204] Motion filed by Debtor Weston Nurseries, Inc. to Approve Settlement
Between and Among Weston Nurseries, Inc. PROPOSED ORDER TO BE SUBMITTED TO
EMAIL ADDRESS:
Hearing Held RE: [158] Final Application for Compensation of First Fairway
Associates, LLC for Attorneys' Fees and Expenses as Fully Secured Creditor
for First Fairway Associates, LLC, Creditor's Attorney. No Document Associated
With This Link
Hearing Held RE: [204] Motion filed by Debtor Weston Nurseries, Inc. to
Approve Settlement Between and Among Weston Nurseries, Inc. No Document Associated
With This Link
Order
Regarding [198] Motion filed by Debtor Weston Nurseries, Inc. For An Order:
(A) Approving Procedures Governing Proposed Sale of Assets Owned by Debtor
and Certain Insiders Free and Clear of Liens, Claims, and Encumbrances; (B)
Approving Form and Manner of Notice of Sale; (C) Authorizing Re-Payment of
Due Diligence Costs; and (D) Granting Related Relief. PROPOSED ORDER TO BE
SUBMITTED TO EMAIL ADDRESS: jbr@mab.uscourts.gov 5/11/2006.
Hearing Held RE: [198] Motion filed by Debtor Weston Nurseries, Inc. For
An Order: (A) Approving Procedures Governing Proposed Sale of Assets Owned
by Debtor and Certain Insiders Free and Clear of Liens, Claims, and Encumbrances;
(B) Approving Form and Manner of Notice of Sale; (C) Authorizing Re-Payment
of Due Diligence Costs; and (D) Granting Related Relief. No Document Associated
With This Link
Hearing Held RE: [191] PROPOSED ORDER TO BE SUBMITTED TO EMAIL ADDRESS:
jbr@mab.uscourts.gov. No Document Associated With This Link
Limited
Objection by Town Of Hopkinton Re: [198] Motion filed by Debtor Weston Nurseries,
Inc. For An Order: (A) Approving Procedures Governing Proposed Sale of Assets
Owned by Debtor and Certain Insiders Free and Clear of Liens, Claims, and
Encumbrances; (B) Approving Form and Manner of Notice of Sale; (C) Authorizing
Re-Payment of Due Diligence Costs; and (D) Granting Related Relief.
Notice
of Appearance and Request for Notice by John P. Dennis. filed by Interested
Party Town Of Hopkinton
Hearing Held RE: [170] First Application for Compensation for Services
Rendered and for Reimbursement of Expenses for Jager Smith P.C., Creditor
Comm. Aty, Period: 11/3/2005 to 3/31/2006, Fee: $49,858.25, Expenses: $761.72.
No Document Associated With This Link
Order
Granting [170] First Application for Compensation for Services Rendered and
for Reimbursement of Expenses for Jager Smith P.C., Creditor Comm. Aty, Period:
11/3/2005 to 3/31/2006, Fee: $49,858.25, Expenses: $761.72. 5/11/2006.
Affidavit
of Stephen F. Gordon Counsel to First Fairway Associates, LLC Regarding Documentary
Support for Debtor's Obligation to Pay Attorney's Fees (Re: [239] Order on
Application for Compensation, [158] Application for Compensation,, [228] Statement,
). filed by Creditor First Fairway Associates, LLC
Hearing scheduled for 6/1/2006 at 11:00 AM Worcester Courtroom 3 - JBR
RE: [229] Joint Motion filed by Creditor First Pioneer Farm Credit, ACA to
Approve Entry of [231] Stipulated Order for Relief fron Stay (Re: [136] Motion.
No Document Associated With This Link
Endorsed
Order Re: Re: [230] Joint Motion filed by Creditor First Pioneer Farm Credit,
ACA For Emergency Hearing (Re: [229] Motion to Approve) Entry of Stipulated
Order for Relief From Stay. EMERGENCY DETERMINATION DENIED. A HEARING ON THE
#229 JOINT MOTION FOR ENTRY OF STIPULATED ORDER IS SCHEDULED FOR 6/1/06 AT
11:00 A.M. MOVANT TO PROVIDE NOTICE AND FILE A CERTIFICATE OF SERVICE WITH
THE COURT. 5/10/2006.
Endorsed
Order Re: [241] Affidavit of Stephen F. Gordon Counsel to First Fairway Associates,
LLC Regarding Documentary Support for Debtor's Obligation to Pay Attorney's
Fees (Re: [239] Order on Application for Compensation. AFFIDAVIT REQUIRED
UNDER ORDER OF 5/11/06 (239) HAS BEEN FILED AND IS ACCEPTED BY THE COURT.
ALLOWED FEES MAY BE PAID.
Emergency
Motion filed by Creditor Committee Official Committee of Unsecured Creditors
to Appear Telephonically (Re: [233] Endorsed Order Re: Re: [230] Joint Motion
filed by Creditor First Pioneer Farm Credit, ACA For Emergency Hearing (Re:
[229] Motion to Approve) Entry of Stipulated Order for Relief From Stay. EMERGENCY
DETERMINATION DENIED. A HEARING ON THE #229 JOINT MOTION FOR ENTRY OF STIPULATED
ORDER IS SCHEDULED FOR 6/1/06 AT 11:00 A.M. MOVANT TO PROVIDE NOTICE AND FILE
A CERTIFICATE OF SERVICE WITH THE COURT. 5/10/2006. (corc, usbc), [230] Joint
Motion filed by Creditor First Pioneer Farm Credit, ACA For Emergency Hearing
(Re: [229] Motion to Approve) Entry of Stipulated Order for Relief From Stay
Motion
filed by Debtor Weston Nurseries, Inc. For Order (A) Granting Authority to
Sell Assets Owned by Debtor and Certain Insiders Free and Clear of Liens,
Claims, and Encumbrances at Public Auction; (B) Setting Auction Sale Date;
(C) Approving Form and Manner of Notice of Sale; and (D) Granting Related
Relief
Exhibit
[Proposed] Order (A) Granting Authority to Sell Assets Owned by Debtor and
Certain Insiders Free and Clear of Liens, Claims, and Encumbrances at Public
Auction; (B) Setting Auction Sale Date; and (C) Granting Related Relief (Re:
[255] Motion for Order/Authority, ).
Motion
filed by Debtor Weston Nurseries, Inc. to Extend Second Motion by Debtor for
Extension of Plan Exclusivity Periods
Motion
filed by Debtor Weston Nurseries, Inc. For Emergency Hearing (Re: [260] Motion
to Extend)
Motion
filed by Debtor Weston Nurseries, Inc. to Extend Time to Assume or Reject
Second Motion to Extend Time Period Through August 15, 2006 for the Debtor
to Assume or Reject Unexpired Leases of Non-Residential Real Property and
Executory Contracts (Assented to by Lessors)
Motion
filed by Debtor Weston Nurseries, Inc. to Set Hearing (Re: [258] Motion to
Extend Time to Assume or Reject, ) Motion by Debtor for Expedited Hearing
on Second Motion to Extend Time Period Through August 15, 2006 for the Debtor
to Assume or Reject Unexpired Leases on Non-Residential Real Property and
Executory Contracts (Assented to by Lessors)
Endorsed
Order Re: [254]Emergency Motion filed by Creditor Committee Official Committee
of Unsecured Creditors to Appear Telephonically (Re: [233]. ALLOWED.
Endorsed Order Re: [261] Motion filed by Debtor Weston Nurseries, Inc.
For Emergency Hearing (Re: [260] Motion to Extend. AN EMERGENCY HEARING IS
SCHEDULED FOR 6/1/06 AT 11:00 A.M. MOVANT TO PROVIDE NOTICE FORTHWITH AND
FILE A CERTIFICATE OF SERVICE WITH THE COURT. No Document Associated With
This Link.
Endorsed
Order Re: [259] Motion filed by Debtor Weston Nurseries, Inc. to Set Hearing
(Re: [258] Motion to Extend Time to Assume or Reject. AN EXPEDITED HEARING
IS SCHEDULED FOR 6/8/06 AT 2:30 P.M. MOVANT TO PROVIDE NOTICE FORTHWITH.
Endorsed
Order of 6/1/06 Re: [223] Application filed by Debtor Weston Nurseries, Inc.
to Employ Marci G. Loeber as Real Estate Broker Renewed Motion for Order Authorizing
Engagement of Cushman & Wakefield of Massachusetts, Inc. as Debtor's Real
Estate Broker and Payment of Broker's Fee Upon Closing of the Sale of the
Property. ALLOWED. NO OBJECTIONS FILED.
Order
Approving [198] Motion filed by Debtor Weston Nurseries, Inc. For An Order:
(A) Approving Procedures Governing Proposed Sale of Assets Owned by Debtor
and Certain Insiders Free and Clear of Liens, Claims, and Encumbrances; (B)
Approving Form and Manner of Notice of Sale; (C) Authorizing Re-Payment of
Due Diligence Costs; and (D) Granting Related Relief. (see Order for Full
text) 6/1/2006.
Document
REDLINED ORDER RE: [198] Motion filed by Debtor Weston Nurseries, Inc. For
An Order: (A) Approving Procedures Governing Proposed Sale of Assets Owned
by Debtor and Certain Insiders Free and Clear of Liens, Claims, and Encumbrances;
(B) Approving Form and Manner of Notice of Sale; (C) Authorizing Re-Payment
of Due Diligence Costs; and (D) Granting Related Relief( see document for
full text)
Order
Granting [198] Motion filed by Debtor Weston Nurseries, Inc. For An Order:
(A) Approving Procedures Governing Proposed Sale of Assets Owned by Debtor
and Certain Insiders Free and Clear of Liens, Claims, and Encumbrances; (B)
Approving Form and Manner of Notice of Sale; (C) Authorizing Re-Payment of
Due Diligence Costs; and (D) Granting Related Relief.(see Order for Full Text)
6/1/2006.
Order
of 6/1/06 Re: [231] Stipulated Order for Relief fron Stay (Re: [136] Motion
filed by Debtor Weston Nurseries, Inc. For Interim and Final Orders Authorizing
Postpetition Secured Superpriority Financing filed by Creditor First Pioneer
Farm Credit, ACA
Hearing Held RE: [260] Motion filed by Debtor Weston Nurseries, Inc. to
Extend Second Motion by Debtor for Extension of Plan Exclusivity Periods.
NO DOCUMENT ASSOCIATED WITH THIS LINK.
Order
Re: [260] Motion filed by Debtor Weston Nurseries, Inc. to Extend Second Motion
by Debtor for Extension of Plan Exclusivity Periods. #260 GRANTED. 6/5/2006.
Emergency
Motion filed by Creditor First Pioneer Farm Credit, ACA to Appear Telephonically
(Re: [258] Motion filed by Debtor Weston Nurseries, Inc. to Extend Time to
Assume or Reject Second Motion to Extend Time Period Through August 15, 2006
for the Debtor to Assume or Reject Unexpired Leases of Non-Residential Real
Property and Executory Contracts (Assented to by Lessors) (Condon, Christopher),
[261] Motion filed by Debtor Weston Nurseries, Inc. For Emergency Hearing
(Re: [260] Motion to Extend)
Emergency
Motion filed by Creditor Committee Official Committee of Unsecured Creditors
to Appear Telephonically (Re: [265] Endorsed Order Re: [259] Motion filed
by Debtor Weston Nurseries, Inc. to Set Hearing (Re: [258] Motion to Extend
Time to Assume or Reject. AN EXPEDITED HEARING IS SCHEDULED FOR 6/8/06 AT
2:30 P.M. MOVANT TO PROVIDE NOTICE FORTHWITH. (corc, usbc), [258] Motion filed
by Debtor Weston Nurseries, Inc. to Extend Time to Assume or Reject Second
Motion to Extend Time Period Through August 15, 2006 for the Debtor to Assume
or Reject Unexpired Leases of Non-Residential Real Property and Executory
Contracts (Assented to by Lessors)
Notice of Intent to Sell (600 and 700 ACRES OF REAL PROPERTY LOCATED PRIMARILY
IN HOPKINTON, MA). Hearing scheduled for 7/31/2006 at 10:00 AM Worcester Courtroom
3 - JBR RE: [255] Motion filed by Debtor Weston Nurseries, Inc. For Order
(A) Granting Authority to Sell Assets Owned by Debtor and Certain Insiders
Free and Clear of Liens, Claims, and Encumbrances at Public Auction; (B) Setting
Auction Sale Date; (C) Approving Form and Manner of Notice of Sale; and (D)
Granting Related Relief. Objections due by 7/17/2006 at 04:00 PM. (No Document
Associated With This Link.
Endorsed
Order Re: [276] Emergency Motion filed by Creditor First Pioneer Farm Credit,
ACA to Appear Telephonically (Re: [258] Motion filed by Debtor Weston Nurseries,
Inc. to Extend Time to Assume or Reject Second Motion to Extend Time Period
Through August 15, 2006 for the Debtor to Assume or Reject Unexpired Leases
of Non-Residential Real Property and Executory Contracts. ALLOWED. 6/7/2006.
Endorsed
Order Re: [275] Emergency Motion filed by Creditor Committee Official Committee
of Unsecured Creditors to Appear Telephonically (Re: [265] Endorsed Order
Re: [259] Motion filed by Debtor Weston Nurseries, Inc. to Set Hearing (Re:
[258] Motion to Extend Time to Assume or Reject. ALLOWED. 6/7/2006.
Hearing Held RE: [258] Motion filed by Debtor Weston Nurseries, Inc. to
Extend Time to Assume or Reject Second Motion to Extend Time Period Through
August 15, 2006 for the Debtor to Assume or Reject Unexpired Leases of Non-Residential
Real Property and Executory Contracts. No Document Associated With This Link.
Order
of 6/8/2006Re: [258] Motion filed by Debtor Weston Nurseries, Inc. to Extend
Time to Assume or Reject Second Motion to Extend Time Period Through August
15, 2006 for the Debtor to Assume or Reject Unexpired Leases of Non-Residential
Real Property and Executory Contracts. IME TO ASSUME OR REJECT UNEXPIRED LEASES
OF NON-RESIDENTIAL REAL PROPERTY AND EXECUTORY CONTRACTS IS EXTENDED TO 8/15/06.
6/9/2006.
Withdrawal
Without Prejudice (RE: [33] Motion for Relief From Stay and Adequate Protection).
filed by Creditor Mezitt Agricultural Corporation
Endorsed
Order of 7/3/06 Re: [280] Withdrawal Without Prejudice (RE: [33] Motion for
Relief From Stay and Adequate Protection). filed by Creditor Mezitt Agricultural
Corporation. ALLOWED.
Objection
with certificate of service by Interested Party Town Of Hopkinton Re: [255]
Motion filed by Debtor Weston Nurseries, Inc. For Order (A) Granting Authority
to Sell Assets Owned by Debtor and Certain Insiders Free and Clear of Liens,
Claims, and Encumbrances at Public Auction; (B) Setting Auction Sale Date;
(C) Approving Fo
Status
Report to Court Regarding Status of Sale and Joint Request of Debtor and Town
of Hopkinton to Cancel Hearing or Permit Appearances by Telephone. filed by
Debtor Weston Nurseries, Inc.
Motion
filed by Debtor Weston Nurseries, Inc. to Extend Time to Assume or Reject
Unexpired Leases of Non-Residential Real Property
Motion
filed by Debtor Weston Nurseries, Inc. For Expedited Hearing (Re: [286] Motion
to Extend Time to Assume or Reject)
Endorsed
Order Re: [287] Motion filed by Debtor Weston Nurseries, Inc. For Expedited
Hearing (Re: [286] Motion to Extend Time to Assume or Reject. AN EXPEDITED
HEARING IS SCHEDULED FOR TUESDAY, AUGUST 15, 2006 AT 10:00 A.M. MOVANT TO
PROVIDE NOTICE FORTHWITH.
Motion
filed by Creditor Mezitt Agricultural Corporation for Relief from Stay or
in the alternative for Adequate Protection Re: Varioius Leases and Tenancies
in Common Fee Amount $150, (Second). Objections due by 8/28/2006. (Attachments:
# (1) Proposed Order)
Brief/Memorandum
In Support of (Re: [291] Motion for Relief From Stay and Adequate Protection,
). filed by Creditor Mezitt Agricultural Corporation
Affidavit
of Roger N. Mezitt (Re: [291] Motion for Relief From Stay and Adequate Protection,
). filed by Creditor Mezitt Agricultural Corporation
Motion
filed by Creditor GE Keyser Trucking, Inc. and Carolina Casualty Insurance
Company for Relief from Stay Re: (Complaint in the Middlesex Superior Court
(Cambridge)(Docket #06-2183)
Hearing Held RE: [286] Motion to Extend Time to Assume or Reject filed
by Debtor Weston Nurseries, Inc. No Document Associated With This Link.
Order
Granting [286]Motion filed by Debtor Weston Nurseries, Inc. to Extend Time
to Assume or Reject Unexpired Leases of Non-Residential Real Property. #286
GRANTED. TIME PERIOD EXTENDED TO 10/31/06.
Chapter
11 Plan of Reorganization without certificate of service of Weston Nurseries
Inc., filed Jointly by Weston Nurseries, Inc. and Peter Mezitt. filed by Debtor
Weston Nurseries, Inc.
Disclosure
Statement Regarding Chapter 11 Plan of Reorganization of Weston Nurseries,
Inc. Proposed Jointly by Weston Nurseries, Inc. and Peter Mezitt. filed by
Debtor Weston Nurseries, Inc. (Attachments: # (1) Exhibit A (Plan of Reorganization)#
(2) Exhibit B (Liquidation Analysis)# (3) Exhibit C (Budget))
Motion
filed by Debtor Weston Nurseries, Inc. to Extend Plan Exclusivity Periods
for Purposes of Soliciting Acceptances of Plan
Motion
filed by Debtor Weston Nurseries, Inc. For Order (Re: [297] Disclosure Statement,
) (a) Approving the Proposed Disclosure Statement Regarding Chapter 11 Plan
of Reorganization of Weston Nurseries, Inc. Proposed Jointly by Weston Nurseries,
Inc. and Peter Mezzit ; (b) Approving the Form and Manner of the Notice of
the Hearing to Consider Approval of, and the Deadline for Objecting to, the
Disclosure Statement; (c) Establishing the Record Date for Determining the
Holders of Claims and Interests Entitled to Vote on the Chapter 11 Plan of
Reorganization of Weston Nurseries, Inc. Proposed Jointly by Weston Nurseries,
Inc. and Peter Mezzit ; (d) Scheduling a Hearing to Consider Substantive Consolidation
of the Debtor and Mezzit Agricultural Corporation and Confirmation of the
Plan and Establishing related Notice and Objection Procedures; (e) Approving
Plan Solicitation Packages and Procedures for Distribution Thereof; and (f)
Approving the Form of Ballot and Establish! ing Procedures for Voting on the
Plan and Tabulating Votes (Attachments: # (1) Exhibit A (Proposed Order)#
(2) Index B (Proposed Notice)# (3) Exhibit C (Proposed Notice)# (4) Exhibit
D (Form of Ballot))
Hearing
scheduled for 9/7/2006 at 02:30 PM Worcester Courtroom 3 - JBR RE: [291] Motion
filed by Creditor Mezitt Agricultural Corporation for Relief from Stay or
in the alternative for Adequate Protection Re: Varioius Leases and Tenancies
in Common. Objections due by 8/30/2006 at 04:30 PM
Notice
of Hearing (Nonevidentiary) regarding Second Motion for Relief from Automatic
Stay or, Alternatively, Motion for Adequate Protection (RE: [302] Hearing
Scheduled, ). filed by Creditor Mezitt Agricultural Corporation
Hearing
scheduled for 9/27/2006 at 10:00 AM Worcester Courtroom 3 - JBR RE: [299]
Motion filed by Debtor Weston Nurseries, Inc. For Order (Re: [297] Disclosure
Statement, ) (a) Approving the Proposed Disclosure Statement Regarding Chapter
11 Plan of Reorganization. Objections due by 9/18/2006 at 04:30 PM
Motion
filed by Creditor Committee Official Committee of Unsecured Creditors For
Emergency Hearing (Re: [307] Motion to Continue/Cancel Hearing)
Assented
To Motion filed by Creditor Committee Official Committee of Unsecured Creditors
to Continue Hearing (Re: [291] Motion for Relief From Stay and Adequate Protection,
) and to Extend Deadline for Objections
Endorsed
Order of 8/21/06 Re: [308] Motion filed by Creditor Committee Official Committee
of Unsecured Creditors For Emergency Hearing (Re: [307] Motion to Continue/Cancel
Hearing. ALLOWED. 8/22/2006.
Endorsed
Order of 8/21/06 Re: [307] Assented To Motion filed by Creditor Committee
Official Committee of Unsecured Creditors to Continue Hearing (Re: [291] Motion
for Relief From Stay and Adequate Protection, ) and to Extend Deadline for
Objections. ALLOWED. HEARING CONTINUED TO 11/8/06 AT 10:00 A.M. OBJECTION
DEADLINE EXTENDED TO 10/20/06 AT 4:30 P.M. ASSENT TO THIS MOTION IS DEEMED
A WAIVER OF 11 USC SECTION 362(e). MOVANT TO PROVIDE NOTICE.
Notice
of Hearing to Consider Approval of Disclosure Statement (with certificate
of service) (RE: [305] Hearing Scheduled, ). filed by Debtor Weston Nurseries,
Inc. (Attachments: # (1) Service List# (2) Service List part 2# (3) Service
List part 3)
Amended
Notice of Hearing to Consider Approval of Disclosure Statement (with Certificate
of Service) (RE: [313] Notice of Hearing,, [305] Hearing Scheduled
Amended
Notice of Hearing to Consider Approval of Disclosure Statement (with Certificate
of Service) (RE: [313] Notice of Hearing,, [305] Hearing Scheduled, ). filed
by Debtor Weston Nurseries, Inc.
Notice
of Hearing to Consider Approval of Disclosure Statement (with certificate
of service) (RE: [305] Hearing Scheduled, ). filed by Debtor Weston Nurseries,
Inc. (Attachments: # (1) Service List# (2) Service List part 2# (3) Service
List part 3)
Opposition
by Creditor Mezitt Agricultural Corporation Re: [300] Motion filed by Debtor
Weston Nurseries, Inc. to Extend Plan Exclusivity Periods for Purposes of
Soliciting Acceptances of Plan
Limited
Opposition by Interested Party Business Alliance Capital Company Re: [291]
Motion filed by Creditor Mezitt Agricultural Corporation for Relief from Stay
or in the alternative for Adequate Protection Re: Varioius Leases and Tenancies
in Common Fee Amount $150, (Second).
Response
with certificate of service by Debtor Weston Nurseries, Inc. Re: [295] Motion
filed by Creditor GE Keyser Trucking, Inc. and Carolina Casualty Insurance
Company for Relief from Stay Re: (Complaint in the Middlesex Superior Court
(Cambridge)(Docket #06-2183) Receipt Number 530012.
Hearing
scheduled for 9/13/2006 at 10:00 AM Worcester Courtroom 3 - JBR RE: [295]
Motion filed by Creditor GE Keyser Trucking, Inc. and Carolina Casualty Insurance
Company for Relief from Stay Re: (Complaint in the Middlesex Superior Court
(Cambridge)(Docket #06-2183)
Hearing
scheduled for 9/13/2006 at 10:00 AM Worcester Courtroom 3 - JBR RE: [300]
Motion filed by Debtor Weston Nurseries, Inc. to Extend Plan Exclusivity Periods
for Purposes of Soliciting Acceptances of Plan.
Notice
of Hearing Continued to November 8, 2006 (RE: [291] Motion for Relief From
Stay and Adequate Protection, ). filed by Creditor Mezitt Agricultural Corporation.
Notice
of Appearance and Request for Notice by Mark D. Cress. filed by Creditor Navistar
Financial Corporation
Hearing held and Continued for 9/27/2006 at 10:00 AM Worcester Courtroom
3 - JBR RE: [300] Motion filed by Debtor Weston Nurseries, Inc. to Extend
Plan Exclusivity Periods for Purposes of Soliciting Acceptances of Plan. No
Document Associated With This Link.
Hearing held and Continued for 9/27/2006 at 10:00 AM Worcester Courtroom
3 - JBR RE: [295] Motion filed by Creditor GE Keyser Trucking, Inc. and Carolina
Casualty Insurance Company for Relief from Stay Re: (Complaint in the Middlesex
Superior Court (Cambridge)(Docket #06-2183). No Document Associated With This
Link.
Order
of 9/27/06 Re: [295] Motion filed by Creditor GE Keyser Trucking, Inc. and
Carolina Casualty Insurance Company for Relief from Stay Re: (Complaint in
the Middlesex Superior Court (Cambridge)(Docket #06-2183). CONTINUED TO 9/27/06
AT 10:00 A.M. BY AGREEMENT. 9/14/2006.
Order
of 9/13/06 Re: [300] Motion filed by Debtor Weston Nurseries, Inc. to Extend
Plan Exclusivity Periods for Purposes of Soliciting Acceptances of Plan. CONTINUED
TO 9/27/06 AT 10:00 A.M. (#300 AND #315) 9/14/2006.
Opposition
to Motion to Approve Disclosure Statement and Objection to Adequacy of Disclosure
Statement by Creditor Mezitt Agricultural Corporation Re: [299] Motion filed
by Debtor Weston Nurseries, Inc. For Order (Re: [297] Disclosure Statement,
) (a) Approving the Proposed Disclosure Statement Regarding Chapter 11 Plan
of Reorganization of Weston Nurseries, Inc. Proposed Jointly by Weston Nurseries,,
[297] Disclosure Statement Regarding Chapter 11 Plan of Reorganization of
Weston Nurseries, Inc. Proposed Jointly by Weston Nurseries, Inc. and Peter
Mezitt. filed by Debtor Weston Nurseries, Inc. (Attachments: # (1) Exhibit
A (Plan of Reorganization)# (2) Exhibit B (Liquidation Analysis)# (3) Exhibit
C (Budget))
Brief/Memorandum
In Support of Opposition to Motion to Approve Disclosure Statement and Objection
to Adequacy of Disclosure Statement (Re: [326] Opposition,,, ). filed by Creditor
Mezitt Agricultural Corporation
Limited
Objection with certificate of service by Creditor First Pioneer Farm Credit,
ACA Re: [297] Disclosure Statement Regarding Chapter 11 Plan of Reorganization
of Weston Nurseries, Inc. Proposed Jointly by Weston Nurseries, Inc. and Peter
Mezitt. filed by Debtor Weston Nurseries, Inc. (Attachments: # (1) Exhibit
A (Plan of Reorganization)# (2) Exhibit B (Liquidation Analysis)# (3) Exhibit
C (Budget))
Motion
filed by Creditor Ford Motor Credit Company for Relief from Stay Re: Kubota
R420 Wheel Loader with certificate of service and proposed order Fee Amount
$150, Objections due by 10/10/2006. (Attachments: # (1) Exhibit "A"
(Contract)# (2) Certificate of Service # (3) Proposed Order)
Stipulation
By Debtor Weston Nurseries, Inc. and Creditors, GE Keyser, LLC and Carolina
Casualty Insurance Company with certificate of service. filed by Debtor Weston
Nurseries, Inc.
Endorsed
Order Re: [332] Stipulation By Debtor Weston Nurseries, Inc. and Creditors,
GE Keyser, LLC and Carolina Casualty Insurance Company Re: [295] Motion for
Relief from Stay. APPROVED. HEARING SCHEDULED FOR 9/27/06 IS CANCELLED.
Stipulation
Between and Among Weston Nurseries, Inc., the Official Unsecured Creditors'
Committee, Mezitt Agricultural Corporation, Roger Mezitt, Merylyn Mezitt,
R. Wayne Mezitt, Peter Mezitt, and First Pioneer Farm Credit ACA, Regarding
Further Modification of the Automatic Stay (Re: [335] Motion to Approve, ).
filed by Debtor Weston Nurseries, Inc.
Motion
filed by Debtor Weston Nurseries, Inc. For Emergency Hearing (Re: [336] Stipulation,,
[335] Motion to Approve, )
By
Debtor Weston Nurseries, Inc. Stipulation Between and Among Weston Nurseries,
Inc., the Official Unsecured Creditors' Committee, Mezitt Agricultural Corporation,
Roger Mezitt, Merylyn Mezitt, R. Wayne Mezitt, Peter Mezitt, and First Pioneer
Farm Credit ACA, Regarding Further Modification of the Automatic Stay (Re:
[335] Motion to Approve, ). filed by Debtor Weston Nurseries, Inc.
Emergency
Motion filed by Debtor Weston Nurseries, Inc. to Approve Emergency Motion
of the Debtor and Parties Noted Below to Approve Stipulation Among the Debtor,
the Official Unsecured Creditors' Committee, First Pioneer Farm Credit ACA,
Mezitt Agricultural Corporation, Roger Mezitt, Merylyn Mezitt, R. Wayne Mezitt,
and Peter Mezitt Regarding Further Modification of the Automatic Stay and
to Use a Portion of Carve Out
Emergency
Motion filed by Debtor Weston Nurseries, Inc. to Approve (Braunstein, Alan).
CORRECTIVE ENTRY: Linkage to Related Document # [336] Modified on 9/27/2006
Order
of 9/27/06 Re: [299] Motion filed by Debtor Weston Nurseries, Inc. For Order
(Re: [297] Disclosure Statement. AMENDED DISCLOSURE STATEMENT AND AMENDED
PLAN TO BE FILED NO LATER THAN NOVEMBER 3, 2006. HEARING ON AMEND DISCLOSURE
STATEMENT ON 11/27/06 9:30 A.M.- 9019 MOTION TO BE FILED - SAME DATES. TENTATIVE-CONFIRMATION
HEARING 12/18/06 9:30 A.M. THE TIME TO ASSUME OR REJECT UNEXPIRED LEASES OF
NON-RESIDENTIAL PROPERTY IS EXTENDED FROM 10/31/06 TO 11/27/06. 9/28/2006.
Endorsed
Order of 9/27/06 Re: [337] Motion filed by Debtor Weston Nurseries, Inc. For
Emergency Hearing (Re: [336] Stipulation,, [335] Motion to Approve. ALLOWED.
EMERGENCY HEARING WILL BE HELD AT 10:00 A.M. ON 9/27/06.
Endorsed
Order of 9/27/06 Re: [335] Emergency Motion filed by Debtor Weston Nurseries,
Inc. to Approve [336] Stipulation. ALLOWED. CARVE OUT TO BE REPLENISHED WITHIN
14 DAYS TO THE EXTEND OF $100,000. FOR POST-PETITION TRADE DEBT.
Hearing Held RE: [300] Motion filed by Debtor Weston Nurseries, Inc. to
Extend Plan Exclusivity Periods for Purposes of Soliciting Acceptances of
Plan. No Document Associated With This Link.
Hearing held and Continued for 11/27/2006 at 09:30 AM Worcester Courtroom
3 - JBR RE: [299] Motion filed by Debtor Weston Nurseries, Inc. For Order
(Re: [297] Disclosure Statement. No Document Associated With This Link.
Emergency
Motion filed by Debtor Weston Nurseries, Inc. to Approve [336] (Braunstein,
Alan). CORRECTIVE ENTRY: Added Linkage to Related Document # [336] Modified
on 9/27/2006.
Endorsed
Order Re: [346] Motion filed by Creditor Kubota Credit Corporation to Withdraw
(Re: [331] Motion filed by Creditor Ford Motor Credit Company for Relief from
Stay Re: Kubota R420 Wheel Loader. MOTION HAVING BEEN WITHDRAWN, HEARING SCHEDULED
FOR 10/12/06 IS CANCELLED. MOVANT TO PROVIDE NOTICE. 10/6/2006.
Motion
filed by Creditor Kubota Credit Corporation to Withdraw (Re: [331] Motion
filed by Creditor Ford Motor Credit Company for Relief from Stay Re: Kubota
R420 Wheel Loader with certificate of service and proposed order Fee Amount
$150,) Withdrawing Kubota's Motion incorrectly filed under FMCC with certificate
of service
Stipulation
By Creditor Committee Official Committee of Unsecured Creditors and Weston
Nurseries, Inc., Mezitt Agricultural Corporation, Roger N. Mezitt and Merylyn
J. Mezitt Extending Deadline for Filing Objections (Re: [291] Motion for Relief
From Stay and Adequate Protection, ). filed by Creditor Committee Official
Committee of Unsecured Creditors
Endorsed
Order Re: [349] Stipulation By Creditor Committee Official Committee of Unsecured
Creditors and Weston Nurseries, Inc., Mezitt Agricultural Corporation, Roger
N. Mezitt and Merylyn J. Mezitt Extending Deadline for Filing Objections (Re:
[291]. ALLOWED.
First
Amended Chapter 11 Plan of Reorganization (RE: [298] Chapter 11 Plan). filed
by Debtor Weston Nurseries, Inc.
First
Amended Disclosure Statement Relating to First Amended Plan of Reorganization
(RE: [297] Disclosure Statement, ). filed by Debtor Weston Nurseries, Inc.
Notice
of Hearing to Consider Approval of Amended Disclosure Statement, together
with Certificate of Service (RE: [356] Amended Disclosure Statement). filed
by Debtor Weston Nurseries, Inc.
Motion
filed by Debtor Weston Nurseries, Inc. to Approve Compromise Under Rule 9019
with certificate of service
Emergency
Motion filed by Creditor Committee Official Committee of Unsecured Creditors
to Continue Hearing (Re: [291] Motion for Relief From Stay and Adequate Protection,
) and to Extend Deadline for Filing Objections
Second
Application for Compensation for Jager Smith P.C., Creditor Comm. Aty, Period:
4/1/2006 to 10/31/2006, Fee: $76,047.50, Expenses: $1,289.69.
Motion
filed by Attorney Jager Smith P.C. to Limit Notice (Re:[360] Application for
Compensation, )
First
Interim Application of the Law Firm of Riemer & Braunstein LLP For Interim
Compensation and for Riembursement of Expenses as Counsel to the Debtor-in-Possession
Application for Compensation for Riemer & Braunstein LLP, Debtor's Attorney,
Period: 10/14/2005 to 1/31/2006, Fee: $262645.00, Expenses: $9841.85.
Motion
filed by Attorney Riemer & Braunstein LLP to Approve (Re:[361] Application
for Compensation, ) Motion For Order Prescribing Notice Of Filing Of Application
Of The Law Firm Of Riemer & Braunstein LLP For Interim Compensation And
For Reimbursement Of Expenses As Counsel To the Debtor-In-Possession
Hearing scheduled for 12/18/2006 at 09:30 AM Worcester Courtroom 3 - JBR
RE: [291] Motion filed by Creditor Mezitt Agricultural Corporation for Relief
from Stay or in the alternative for Adequate Protection. No Document Associated
With This Link.
Endorsed
Order Re: [359] Emergency Motion filed by Creditor Committee Official Committee
of Unsecured Creditors to Continue Hearing (Re: [291] Motion for Relief From
Stay and Adequate Protection. ALLOWED. THE HEARING IS CONTINUED TO DECEMBER
18, 2006 AT 9:30 A.M. THE OBJECTION DEADLINE IS SET FOR NOVEMBER 7, 2006 AT
4:30 P.M. 11/6/2006.
Endorsed
Order Re: [364] Motion filed by Attorney Riemer & Braunstein LLP to Approve
(Re:[361] Application for Compensation. ALLOWED.
Stipulation
By Creditor Committee Official Committee of Unsecured Creditors and Weston
Nurseries, Inc., Mezitt Agricultural Corporation, Roger N. Mezitt and Merylyn
J. Mezitt Extending Deadline for Filing Objections (Re: [291] Motion for Relief
From Stay and Adequate Protection, ). filed by Creditor Committee Official
Committee of Unsecured Creditors
Endorsed
Order of 11/6/06 Re: [362] Motion filed by Attorney Jager Smith P.C. to Limit
Notice (Re:[360] Application for Compensation. ALLOWED.
Hearing
Scheduled for 12/18/2006 at 09:30 AM Worcester Courtroom 3 - JBR; Objections
Due 12/4/2006 at 04:30 PM on [360] Second Application of Jager Smith PC.,
Counsel to the Official Committee of Unsecured Creditors, for Allowance of
Compensation for Services Rendered and for Reimbursement of Expenses.
Hearing
Scheduled for 12/18/2006 at 09:30 AM Worcester Courtroom 3 - JBR; Objections
Due 12/4/2006 at 04:30 PM on [361] Application of the Law Firm of Riemer &
Braunstein LLP for Interim Compensation and for Reimbursement of Expenses
as Counsel to the Debtor-in-Possession.
Joint
Motion filed by Creditor Roger N. Mezitt For Emergency Determination (Re:[375]
Motion for Order/Authority) Regarding Motion for an Order Extending Response
Period
Joint
Motion filed by Creditor Roger N. Mezitt For Order (Re: [358] Motion to Compromise)
Extending Response Period
Endorsed
Order Dated 11/13/06 Granting [375] Joint Motion filed by Creditor Roger N.
Mezitt For Order Extending Response Period RE: [358] Motion to Compromise.
ALLOWED
Endorsed
Order Dated 11/13/06 Granting [376] Joint Motion filed by Creditor Roger N.
Mezitt For Emergency Determination Re:[375] Motion for Order/Authority. ALLOWED.
Notice
of Appearance and Request for Notice /Service Of All Papers by James C. Gross
with certificate of service. filed by Creditor Mezitt Agricultural Corporation
Second
Motion filed by Interested Party Business Alliance Capital Company For Authority
Second Application for Authority to Pay Legal Fees and Expenses Incurred
Motion
filed by Interested Party Business Alliance Capital Company For Order Limiting
Notice
Hearing
Scheduled for 11/27/2006 at 09:30 AM Worcester Courtroom 3 - JBR on Debtor's
Third Motion to Extend Time Period for the Debtor to Assume or Reject Unexpired
Leases of Non-Residential Real Property
Joint
Motion filed by Creditor Roger N. Mezitt For Emergency Determination Regarding
Motion for an Order Extending Response Period
Joint
Motion filed by Creditor Roger N. Mezitt For Order Extending Response Period
Hearing
Scheduled for 11/27/2006 at 09:30 AM Worcester Courtroom 3 - JBR on Debtor's
Motion to Approve Settlement Agreement by and Among the Debtor, Mezitt Agricultural
Corporation, Wayne Mezitt, Roger Mezitt, and Peter Mezitt
Hearing
scheduled for 11/27/2006 at 09:30 AM Worcester Courtroom 3 - JBR RE: First
Amended Disclosure Statement Relating to First Amended Plan of Reorganization
Endorsed
Order Re: [384] Joint Motion filed by Creditor Roger N. Mezitt For Order (Re:
[358] Motion to Compromise. ALLOWED. 11/20/2006.
Endorsed
Order Re: [385] Joint Motion filed by Creditor Roger N. Mezitt For Emergency
Determination (Re:[384] Motion for Order/Authority. EMERGENCY CONSIDERATION
GRANTED. 11/20/2006.</