Case 6:12-bk-28006-MJ

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PAUL R. GLASSMAN (State Bar No. 76536) LAURA L. BUCHANAN (State Bar No. 156261) KATHLEEN D. DeVANEY (State Bar No. 156444) STRADLING YOCCA CARLSON & RAUTH A Professional Corporation 100 Wilshire Blvd., Suite 440 Santa Monica, CA 90401 Telephone: (424) 214-7000 Facsimile: (424) 214-7010 E-mail: pglassman@sycr.com lbuchanan@sycr.com kdevaney@sycr.com Attorneys for Debtor City of San Bernardino UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION In re: CITY OF SAN BERNARDINO, CALIFORNIA, Debtor. Case No. 6:12-BK-28006 MJ Chapter 9 DECLARATION OF NOTICE AND SERVICE PURSUANT TO ORDERS SETTING HEARINGS ON SHORTENED NOTICE ON: (1) MOTION FOR ORDER APPOINTING RUST OMNI, A DIVISION OF RUST CONSULTING, INC., AS CLAIMS, NOTICING AND BALLOTING AGENT PURSUANT TO 28 U.S.C. 156(c) AND RULE 2002 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE; (2) MOTION FOR ENTRY OF AN ORDER (1) DIRECTING AND APPROVING FORM OF NOTICE; AND (2) SETTING DEADLINE FOR FILING OBJECTIONS TO PETITION; AND (3) MOTION FOR AN ORDER LIMITING NOTICE AND PERMITTING DEBTOR TO ESTABLISH AND MAINTAIN A PUBLICLY AVAILABLE INTERNET-ACCESSED WEBSITE IN LIEU OF NOTICE TO CERTAIN PARTIES

DECLARATION OF NOTICE AND SERVICE

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I, Paul R. Glassman, declare: 1. I am an attorney licensed to practice law in the State of California and am

admitted to practice before this Court. I am a shareholder in the firm of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, counsel of record for the City of San Bernardino, California, in this chapter 9 case. 2. I make this declaration pursuant to the orders [Docket Nos. 55, 56 & 57] (the

Orders) entered by the Court that set hearings on August 17, 2012, at 10:00 a.m. on the following motions: (1) Motion For Order Appointing Rust Consulting/Omni Bankruptcy, A Division Of Rust Consulting, Inc., As Claims, Noticing And Balloting Agent Pursuant To 28 U.S.C. 156(c) And Rule 2002 Of The Federal Rules Of Bankruptcy Procedure (Claims Agent Motion); (2) Motion For Entry Of An Order (1) Directing And Approving Form Of Notice; And (2) Setting Deadline For Filing Objections To Petition (Case Notice and Objection Deadline Motion); and (3) Motion For An Order Limiting Notice And Permitting Debtor To Establish And Maintain A Publicly Available Internet-Accessed Website In Lieu Of Notice To Certain Parties (Website and Notice Limitation Motion) (collectively, the Motions). I have personal knowledge of the facts set forth below, and if called as a witness in this matter, would competently testify thereto. The filings, service and notice of the Motions, Orders and related documents were done at my direction by attorneys and staff members of my firm and by an agent of the City, as further described in the proofs of service related to the documents. 3. Each of the Orders required that the City file a Declaration of Notice and Service

establishing that telephonic notice, written notice and service of the related Motion and the Order consistent with the Order. This Declaration is the Declaration of Notice and Service for each and all of the Motions. 4. The Orders were entered at approximately 2:25 p.m. on August 10, 2012, one of

our attorneys saw them on the electronic docket at approximately 2:30 p.m., and we then attempted to comply with the deadlines set in the order, some of which were set for 5:00 p.m. on August 10, 2012. -1DECLARATION OF NOTICE AND SERVICE

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5.

Regarding item 2 of the Orders, telephonic notice of the hearings was not

required, but I am advised that an attorney with my firm provided telephonic notice of the hearings on the Motions being set for August 17, 2012, at 10:00 a.m. to the United States Trustee on August 10, 2012 prior to 6:00 p.m. by leaving a voicemail for the United States Trustee. 6. Regarding item 3 of the Orders, written notice of the hearing and a copy of each

Order was to be served on all persons (the NEF Parties) that had filed with the Court as of August 10, 2012 either a request for special notice or a request for courtesy notice of electronic filings. On behalf of the City, a staff member of our firm filed and served the Notice Of Hearings On Shortened Notice On The Motions [Docket No. 64] (the Notice of Hearings and Orders), which included copies of the Orders as exhibits and gave notice of the hearings, on August 10, 2012 prior to 5:00 p.m. Therefore, entry of the Orders and the filings of the Notice of Hearings and Orders on August 10, 2012 resulted in all of the NEF Parties that had filed their with the Court as of August 10, 2012 receiving notice by the NEF system of the hearings and the Orders and receiving links to the Orders and the Notice of Hearings and Orders on August 10, 2012. On behalf of the City, a staff member of our firm served by email the Notice of Hearings and Orders on August 10, 2012, at 4:58 p.m. to the NEF Parties that had filed their requests on August 10, 2012, except for NEF Parties that filed their requests [Docket Nos. 61, 62 & 63] after the NEF list had been obtained from PACER on August 10, 2012. On August 11, 2012 at 6:33 a.m., the Notice of Hearings and Orders was also sent by one of our firms attorneys by email to all of the NEF Parties that had made their requests before August 11, 2012. 7. Also regarding item 3 of the Orders, a staff member of our firm caused copies of

the Orders and the Notice of Hearings and Orders to be sent by overnight delivery service to the Court and to the United States Trustee on August 10, 2012. 8. Regarding item 4 of the Orders, a copy of each of the Motions, declarations and

supporting documents were to be served on the NEF Parties, who had filed their requests on or before August 10, 2012. On behalf of the City, a staff member of our firm filed the Motions (which included all of the supporting documents) on August 9, 2012. Therefore, the filing of the Motions on August 9, 2012 resulted in all of the NEF Parties that had filed their with the Court -2DECLARATION OF PAUL R. GLASSMAN

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as of August 9, 2012 receiving notice by the NEF system of the Motions and receiving links to the Motions on August 9, 2012. The City also served the Motions by email sent at 6:33 a.m. on August 11, 2012 to all of the NEF Parties that had made their requests on or before August 10, 2012. 9. Also regarding item 4 of the Orders, a staff member of our firm caused copies of

the Motions to be sent by overnight delivery service to the Court on August 9, 2012 and to the United States Trustee on August 10, 2012. 10. In addition to the foregoing, on August 10, 2012, on behalf of the City, I caused

copies of the Motions and the pleadings related to the Citys requests for hearings on shortened notice to be served by overnight delivery service to the persons and entities described in that certain Supplemental Declaration of Paul R. Glassman in Support of Applications [Docket No. 54], see Submission of Proof of Service Pursuant to Orders, Etc. [Docket No. 65]; those parties included the parties listed on the Citys List of creditors holding 20 largest unsecured claims [Docket No. 41]. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 14, 2012 at Santa Monica, California. /s/ Paul R. Glassman Paul R. Glassman

-3DECLARATION OF PAUL R. GLASSMAN

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PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 100 Wilshire Blvd., Suite 440, Santa Monica, CA 90401. A true and correct copy of the foregoing document entitled: DECLARATION OF NOTICE AND SERVICE PURSUANT TO ORDERS SETTING HEARINGS ON SHORTENED NOTICE ON: (1) MOTION FOR ORDER APPOINTING RUST OMNI, A DIVISION OF RUST CONSULTING, INC., AS CLAIMS, NOTICING AND BALLOTING AGENT PURSUANT TO 28 U.S.C. 156(c) AND RULE 2002 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE; (2) MOTION FOR ENTRY OF AN ORDER (1) DIRECTING AND APPROVING FORM OF NOTICE; AND (2) SETTING DEADLINE FOR FILING OBJECTIONS TO PETITION; AND (3) MOTION FOR AN ORDER LIMITING NOTICE AND PERMITTING DEBTOR TO ESTABLISH AND MAINTAIN A PUBLICLY AVAILABLE INTERNET-ACCESSED WEBSITE IN LIEU OF NOTICE TO CERTAIN PARTIES will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On August 14, 2012, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Jerrold Abeles abeles.jerry@arentfox.com Joseph M Adams jadams@lawjma.com Andrew K Alper aalper@frandzel.com, efiling@frandzel.com;ekidder@frandzel.com Thomas V Askounis taskounis@askounisdarcy.com Anthony Bisconti tbisconti@bmkattorneys.com Jeffrey E Bjork jbjork@sidley.com J Scott Bovitz bovitz@bovitz-spitzer.com Jeffrey W Broker jbroker@brokerlaw.biz Deana M Brown dbrown@milbank.com Michael J Bujold Michael.J.Bujold@usdoj.gov Christina M Craige ccraige@sidley.com Alex Darcy adarcy@askounisdarcy.com Susan S Davis sdavis@coxcastle.com Paul R. Glassman pglassman@sycr.com Everett L Green everett.l.green@usdoj.gov James A Hayes jhayes@cwlawyers.com M Jonathan Hayes jhayes@hayesbklaw.com, roksana@hayesbklaw.com;carolyn@hayesbklaw.com;elizabeth@hayesbklaw.com Bonnie M Holcomb bonnie.holcomb@doj.ca.gov Whitman L Holt wholt@ktbslaw.com Steven J Katzman SKatzman@bmkattorneys.com Gregory A Martin gmartin@winston.com Aron M Oliner roliner@duanemorris.com Scott H Olson solson@seyfarth.com Dean G Rallis drallis@sulmeyerlaw.com Christopher O Rivas crivas@reedsmith.com Kenneth N Russak krussak@frandzel.com, efiling@frandzel.com;dmoore@frandzel.com Gregory M Salvato gsalvato@salvatolawoffices.com, calendar@salvatolawoffices.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com Jason D Strabo jstrabo@mwe.com, losangelestrialdocket@mwe.com Matthew J Troy matthew.troy@usdoj.gov United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov Anne A Uyeda auyeda@bmkattorneys.com
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012

F 9013-3.1.PROOF.SERVICE

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Annie Verdries Brian D Wesley

verdries@lbbslaw.com brian.wesley@doj.ca.gov Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On ____________, I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on August 14, 2012, I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed. PERSONAL DELIVERY: Honorable Meredith A. Jury U.S. Bankruptcy Court 3420 Twelfth Street, Suite 325 / Courtroom 301 Riverside, CA 92501-3819 Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

August 14, 2012

Date

Christine Pesis
Printed Name

/s/ Christine Pesis

Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012

F 9013-3.1.PROOF.SERVICE