IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELA\ryARB
In re
HRI HOLDING CORP., et al.l
Debtors
Chapter 11
Case No. 19-12415 (MFW) (.lointly Adrninistered)
Objection Deadline: March 9,2020 at 4:00 p.m. (ET) Ref. Nos. 40,142 & 159
NOTICE OF FILING ORDINARY COI]RSE PROFESSIONAL DECLARATION
TO The following parties: (a) the Office of the U.S. Trustee for the District of Delaware; and (b) counsel to the Creditors' Committee'
PLBASE
TAKB NOTICE that on
December 5, 2079, the Court entered the OrderGranting Motion
of the
Dehtors .for Entry o/' an Order Authorizing the Employment qnd Retention of Professionals Utilized in the Ordinary Course o.f Business [D.1. 159] (the "Order").2PLEASE TAKE FURTHER NOTICE that on January 16,2019, pursuant to the terms of the Order, the debtors and debtors-in-possession in the above-captioned cases (the "Debtors"), f,rled the Declaration in Support of Employment and Retention of Fløherty & O'Hara, P.C. as a Professionsl Utilízed in the Ordinøry Course of Business (the "OCP Declaration"), a copy
of
which is attached hereto as Exhibit
A,
and the related Retention Questionnaire (the "OCP Questionnaire"), a copy of which is attached hereto as Exhibit B.ìThe Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are: HRI Holding Corp. (4677), Houlihan's Restaurants, lnc. (8489), HDJG Corp. (3419), Red Steer, Inc. (2214), Sam
'Wilson's/Kansas, Inc. (5739), Datryl's of St. Louis County, ìnc. (7 177),Darryl's of Overland Park, lnc. (3015), Houlihan's of Ohio, lnc, (6410), HRI O'Fallon, Inc. (4539), Algonquin Houlihan's Restaurant, L.L.C. (0449), Geneva Houlihan's Restaurant, L.L.C. (3 156), Hanley Station Houlihan's Restaurant, LLC (8058), I-loulihan's Texas Holdings, Inc. (5485), Houlihan's Restaurants of Texas, Inc. (4948), JGIL Mill OP LLC (0741), JGIL Millburn, LLC (6071), JGIL Milbum Op LLC (N/A), JGIL, LLC (5485), JGIL Flolding Corp. (N/A), JGIL Ornaha,
LLC (5485), HOP NJ NY, LLC (l106), HOP Farmingdale LLC (1273), IIOP Cheny Hill LLC (5012), HOP Paramus LLC (5154), HOP Lawrenceville I-LC (5239), FIOP Brick LLC (4416), HOP Secaucus LLC (5946), HOP
Heights LLC (6017), HOP Bayonne LLC (7185), IIOP Fairfield LLC (8068), HOP Ramsey LLC (8657), HOP
Bridgewater LLC (1005), HOP Parsippany LLC (1520), l-lOP Westbury LLC (2352), HOP Weehawken LLC (2571), HOP New Brunswick LLC (2637), HOP Holmdel LLC (2638), HOP 'Woodbridge LLC (8965), and
Houlihan's of Chesterfield, Inc. (5073). The Debtors'corporate headquarters and the mailing address is 8700 State
Line Road, Suite 100, Leawood, Kansas 66206. 2 Tenns utilized
but not otherwise deflned herein shall have the meanings ascribed to them in the Order.
(1247 002-W00s9691 )
Case 19-12415-MFW Doc 483 Filed 02/18/20 Page 1 of 2
¨1¤{8/4"2 $b«
1912415200218000000000004ATTACHED OCP DECLARATION
AND
OCP
QUESTIONNAIRETO
FILE ANY
OBJECTION TO THE RETENTION STEMMING FROM THE CONTENTS OF THE OCP
DECLARATION OR THE OCP QUESTIONNAIRE. IF AFTER TWENY (20) DAYS NO
OBJECTION
IS
FILED, THENTHE
RETENTIONOF
SUCH ORDINARY COURSE PROFESSIONAL SHALL BE DEEMED APPROVED AND SUCH PROFESSIONAL MAYBE PAID IN ACCORDANCE WITH THE TERMS OF THE ORDER. Dated: February 18,2020
Wilmington, Delaware
LANDIS RATH & COBB LLP
/s/ Matthew R. Pierce Adam G. Landis (No. 3407) Kimberly A. Brown QtJo. 5138)
Matthew R. Pierce (No. 59a6) Nicolas E. .Ienner Qllo. 655a) 919 Market Street, Suite 1800 Wilmington, Delaware 1 980 1
Telephone: (302) 467 -4400 Facsimile: (302) 467 -4450 Email : landis@lrclaw. com [email protected] [email protected] jenner(@lrclaw.com Counsel./'or the Debtors and Deh tor s - In- P o s s e s s i on
2
EXHIBIT A
{ 1247.002-W0059691.)
In re:
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Chapter 11 HRJ HOLDING CORP., et al. 1
Debtors.
Case No. 19-1245 (MFW) (Jointly Administered)
DECLARATION IN SUPPORT OF EMPLOYMENT AND RETENTION OF FLAHERTY & O'HARA, PC AS A PROFESSIONAL UTILIZED IN
THE ORDINARY COURSE OF BUSINESS
I, Robert J. O'Hara, III, declare under the penalty of perjury as follows:
l. I am a member of Flaherty & O'Hara, P.C. (the "Firm"), which has been employed by the debtors and debtors-in-possession (the "Debtors") in the above-captioned cases (the "C)1apter 11 Cases") in the ordinary course of their business. The Debtors wish to employ and retain the Firm to continue providing such ordinary course services during the Chapter 11
Cases. This declaration is submitted in compliance with the Order Granting Motion (i the
Debtors for Entry of an Order Authorizing the Employment and Retention of Professionals Utilized in the Ordinary Course of Business (the "OCP Order").
2. Neither I, the Firm, nor any member, counsel, or associate thereof, insofar as I
have been able to ascertain, has any connection with the Debtors, their creditors or stockholders, 1 The Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are:
HR! Holding Corp. (4677), Houlihan's Restaurants, Inc. (8489), HDJG Corp. (3479), Red Steer, Inc. (2214), Sam Wilson's/Kansas, lnc. (5739), Darryl's of St. Louis County, Inc. (7177), Darryl's of Overland Park, Inc. (3015), Houlihan's of Ohio, Inc. (6410), HRI O'Fallon, Inc. (4539), Algonquin Houlihan's Restaurant, L.L.C. (0449), Geneva Houlihan's Restaurant, L.L.C. (3156), Hanley Station Houlihan 's Restaurant, LLC (8058), Houlihan's Texas Holdings, Inc. (5485), Houlihan's Restaurants of Texas, Inc. (4948), JGIL Mill OP LLC (0741), JGIL Millburn, LLC (6071), JGIL Milburn Op LLC (N/A), JGIL, LLC (5485), JGIL Holding Corp. (N/A), JGIL Omaha, LLC (5485), HOP NJ NY, LLC (l 106), HOP Farmingdale LLC (7273), HOP Cherry Hill LLC (5012), HOP Paramus LLC (5154), HOP Lawrenceville LLC (5239), HOP Brick LLC ( 4416), HOP Secaucus LLC (5946), HOP Heights LLC (6017), HOP Bayonne LLC (7185), HOP Fairfield LLC (8068), HOP Ramsey LLC (8657), HOP Bridgewater LLC (1005), HOP Parsippany LLC (1520), HOP Westbury LLC (2352), HOP Weehawken LLC (2571 ), HOP New Brunswick LLC (2637), HOP Holmdel LLC (2638), HOP Woodbridge LLC (8965), and Houlihan 's of Chesterfield, Inc. (5073). The Debtors' corporate headquarters and the mailing address is 8700 State Line Road, Suite 100, Leawood, Kansas 66206.
or any party in interest, except as set forth herein:
3. No disclosures
4. The Firm does not represent or hold any interest adverse to the Debtors or their
estates with respect to the engagement for which the Firm is to be retained.
5. The Firm and certain of its members, counsel, and associates may have in the past
represented, currently represent and may in the future represent entities that are claimants or equity security holders of the Debtors in matters unrelated to the Debtors' Chapter 11 Cases. None of those past or current representations are material. The Firm intends to apply for compensation for professional services rendered in connection with the Chapter 11 Cases directly to the Debtors, in accordance with the OCP Order, through the submission of invoices and detailed time records based on the hourly rates set forth below, plus reimbursement of actual necessary expenses and other charges incurred by the Firm. The principal attorneys and paralegals/other professionals designated to represent the Debtors and their current rates are:
a. Robert J. O'Hara, III -- $425.00 per hour b. Mark E. Kozar -- $295.00 per hour c. Amy B. Reuter -- $155.00 per hour d. Lexie J. Miller -- $] 30.00 per hour
6. The rates set forth above are subject to periodic adjustments to reflect economic
and other conditions. Such rates are the Firm's standard rates for work of this nature. The rates are set at a level designed to fairly compensate the Firm for the work of its professionals and to cover fixed and routine overhead expenses. It is the Firm's policy to charge its clients in all areas of practice for all other expenses incurred in connection with the respective client's matter. The expenses charged to clients include, among other things, filing fees for liquor license
( F2243265, I) 2
transfers and/or new liquor licenses, mailing expenses, copying expenses and, in general, all identifiable expenses that would not have been incurred except for representation of a particular client. The Firm will charge the Debtors for these expenses in a manner and at rates consistent with charges made generally to the Firm's other clients.
7. Except as provided in the OCP Order, no representations or promises have been
received by the Firm nor by any member, counsel or associate thereof as to compensation in connection with these cases other than in accordance with the provisions of the Bankruptcy Code. The Firm has no agreement with any other entity to share with such entity any compensation received by the Firm in connection with the Chapter 11 Cases.
I declare under penalty of petjury that the foregoing is true and correct.
Date: February 18, 2020
{ F2243265. l)
Pr siden
Flaherty & 0' Hara, PC
610 Smithfield Street, Suite 300 Pittsburgh, PA 15222
E,XHIBIT
B
(t247 002-W00s9691.\
TN TTIE UNITBD STATES I}ANKRUPTCY COURT FOR THE DISTRICT OF DELAWARB In re:
I-IRI I"IOLDING CORP., et al.) I)ebtors.
Chapter 11
Case No. 19-1245 (MFW) (Jointly Administered)
TTETHNTIÜN OUESTION]YAIRE
To be completed by each professional to be cmployed by the above-captioned debtors and clebtors-in-possession (the "Debtors"):
If more space is needed, please complete on a separate page and attach. Natne and address of firm:
F'laherly & O'Hara, PC
610 Smithfield Street, Suite 300 Pittshurgh, PA 15222
Date of retention: 2006 Type of service(s) provided;
Legal Services related to liquor licenses
rThe Debrors in these cases, along with the last four digits of each Deblor's federal tax identifìcaiion nulìlber, are: I{RI llolding Corp.(4677), Houlihan's Resraurants, Inc. (8489), HDJ6 Corp, (3479), Red Steer, Inc.{2214), Sam Wilson'slKansas, Inc. (5739), Darryl's of St. l-ouis Counfy, htc. (7177), Darryl's of Overlarld Park, Inc, (3015),
l-{oulihan's of Ohio, lnc. (ó4 l0), HIìl O'F'allon, Inc. (4539), Algonquin Houlihan's Restattrant, L.l,.C. (0449),
Gcneva Houlihan's Restaurant, L.L.C. (3 156), I-lanloy Station Houlihan's Restaurant, LLC (8Û58), Houlihan's
Texas l-loldings, Inc. (5485), Houlihan's Restauranls of Texas, Inc, (4948), JGIL Mill OP LLC (0741), Jüll-Millburn, LLC (6071), JGIL Milbum Op Li,C (N/A), JCIL, LLC (5485), JCIL I'lolding Corp. (N/A), JGIL Omaha,
LLC (5485), FIOP NJ NY, Ll,C (1106), I{OP Fanningdale LLC (7273}, HOP Cherry f'lill LLC (5012), HOP Parar¡us l,,l,C (5t54), I"{OP Larvrenceville LLC {5239), I{OP llrick LLC (4416), HOP Sccaucus LLC (5946)' I-IOP Heights LLC (6017), HOP Bayonne LLC (7185), FIOP Fairfield l,l,C (8068), HOP Ranrsey LLC (8657), ltOP
Briclgewater t.LC (1005), HOP Parsippany I.l-C (1520), HOP Westbury Ll-C (2352), IIOP Weehawken LLC QS'ti), t{ûP Nern, Brunswick LLC (2617), IìOP l-lolnrdel Ll.C (2638), HOP Woodbridge LLC (8965). and I-loulihan's 6f Chesterfielci, Inc. (5073). The Debtors' corporatu headquarters and the maiting address is 8700 State
t,ine Road, Suile 100, L.eawootl, Kansas 66206. 2.
t J.
4,
Brief description of service(s) to be provided5
6"
7
Arrangements fbr compensation: f)ebtor will be charged by billable hour
(a)
Average rate (if applicable): N/A(b)
Estimatedcompensation:$25,0û0Prepetition claims against the Debtors helcl by the Firm: Amount of claim:
$0__"__
Date claim arose: NIA Source of claim: NiA
Prepetition claims against the Debtors held individually by any member, associate or professional ernployee of the Finn:
Name: After an investigation, Flaherty & O'Hara is not aware of any pre-petition claims held indivíciually by any member, associate or professional employee of
the Firm Status: N/Â
Amount of claim: N/A Date claim arose
:
N/4. Source of claim: N/AStock of the Debtors cun'ently held individually by any menrber, associate or prol'essional empioyee of the Firm:
Kind of sh¿ues: N/A
No. of shares:
Stock o1'the Debtors currently held individually by any member, associate or professional ernployee of the Firm;
Name: Aller an investigation, F'&O is not aware of any deÏ:tol held indivídually by any member, associate or professional employee of the Firm.
I
I
No, oflshares:
N/A_-.---1
{ F224327û. r }
1û, Disclose the nature, and provide a brief description, of any interest adverse to the Debtors or to theìr estate respecting the matters on which the above-named firm is to be employed.
After an investigation, F-&O is not aware of any interest adverse to Debtors
3
