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DSP Acquisition, LLC v. Free Lance-Star Publishing Co.

United States District Court, E.D. Virginia, Richmond Division

May 7, 2014

DSP Acquisition, LLC, Appellant,
v.
Free Lance-Star Publishing Co. of Fredericksburg, VA and Official Committee of Unsecured Creditors, Appellees

For DSP Acquisition, LLC (3:14-cv-00303-HEH), Appellant: William Alan Gray, LEAD ATTORNEY, Sands Anderson PC, Richmond, VA; Karen Elizabeth Sieg, McGuireWoods LLP (Richmond), Richmond, VA.

For Free Lance-Star Publishing Co. of Fredericksburg, VA (3:14-cv-00303-HEH), Appellee: Lynn Lewis Tavenner, LEAD ATTORNEY, Tavenner & Beran PLC, Richmond, VA.

For Official Committee of Unsecured Creditors (3:14-cv-00303-HEH), Appellee: Jason William Harbour, LEAD ATTORNEY, Hunton & Williams LLP, Richmond, VA; Justin Fielder Paget, Hunton & Williams LLP (Richmond), Richmond, VA.

For DSP Acquisition, LLC (3:14-cv-00304-HEH), Appellant: William Alan Gray, LEAD ATTORNEY, Sands Anderson PC, Richmond, VA; Karen Elizabeth Sieg, McGuireWoods LLP (Richmond), Richmond, VA.

For Free Lance-Star Publishing Co. of Fredericksburg, VA, The (3:14-cv-00304-HEH), Appellee: Jason William Harbour, LEAD ATTORNEY, Hunton & Williams LLP, Richmond, VA; Lynn Lewis Tavenner, LEAD ATTORNEY, Tavenner & Beran PLC, Richmond, VA.

For Official Committee of Unsecured Creditors, The (3:14-cv-00304-HEH), Appellee: Jason William Harbour, LEAD ATTORNEY, Hunton & Williams LLP, Richmond, VA; Lynn Lewis Tavenner, LEAD ATTORNEY, Tavenner & Beran PLC, Richmond, VA; Justin Fielder Paget, Hunton & Williams LLP (Richmond), Richmond, VA.

OPINION

Henry E. Hudson, United States District Judge.

Page 809

MEMORANDUM OPINION

(Emergency Motion to Expedite and Motion to Strike)

This matter is before the Court on Appellant DSP Acquisition, LLC's (" DSP" )

Page 810

Amended Emergency Motion for Expedited Consideration of its Motion for Certification and for Leave to Appeal and the Appeals from the Orders Pursuant to 28 U.S.C. § 158(d)(2) (ECF No. 24 in Case No. 3:14cv303 and ECF No. 24 in Case No. 3:14cv304), filed on April 25, 2014. The Free Lance Star-Publishing Co. of Fredericksburg, Va, et. al (" Debtors" ) filed an Answer and Opposition to DSP's Motion [1] on April 25, 2014.[2] Also before the Court is the Joint Motion of the Debtors and the Official Committee of Unsecured Creditors of the Free Lance-Star Publishing Co. of Fredericksburg, Va, et al. (" the Committee" ) (collectively " Appellees" ) to Strike Verified Reply of DSP (ECF No. 22 in Case No. 3:14cv303 and ECF No. 23 in Case No. 3:14cv304), filed on April 28, 2014. The time for DSP to file a response to Appellees' Motion has not yet expired.[3] In the interest of resolving this matter quickly and in advance of the May 15, 2014 auction, this Court exercises its discretion to decline oral argument. For the reasons that follow, the Court denies DSP's Motion and Appellees' Motion.

I. Background

The U.S. Bankruptcy Court for the Eastern District of Virginia (" the Bankruptcy Court" ) issued three opinions and accompanying orders on April 14, 2014 (collectively " the Bankruptcy Court opinions" ). In one of the opinions, the Bankruptcy Court denied DSP's Motion for Summary Judgment and granted partial summary judgment in favor of the Debtors on their Cross Motion for Summary Judgment. In that opinion, the Bankruptcy Court ruled that DSP does not have a valid perfected security interest in all of the assets upon which it claims such interest. DSP Acquisition, LLC v. Free Lance-Star Publ. Co. ( In re Free Lance-Star Publ. Co. ) ...


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