Dante M. Skourellos (State Bar No. 24086601) LAW OFFICES ...Donna Campbell o/b/o Wrongful Death...

Dante M. Skourellos (State Bar No. 24086601) LAW OFFICES OF DANTE M. SKOURELLOS 2002 N. Lois Avenue, Suite 610 Tampa, FL 33607 Telephone - (813) 938-6070 Telecopier - (888) 965-0874 Email: [email protected] COUNSEL TO MILLENIA CLAIMS MANAGEMENT, LLC TRUSTEE OF THE 4 WEST TORT CLAIMANTS TRUST

THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION IN RE: 4 WEST HOLDINGS, INC., ET AL. CASE NO: 18-30777 (HDH) REORGANIZED DEBTORS (JOINTLY ADMINISTERED)

TORT CLAIMANTS TRUSTEE’S OBJECTION TO CLAIM OF DONNA CAMPBELL, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF

THE ESTATE OF ELIZABETH BOYDSTON, AND ON BEHALF OF AND FOR THE USE AND BENEFIT OF THE WRONGFUL DEATH BENEFICIARIES OF ELIZABETH

BOYDSTON

NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT 1100 COMMERCE ST., RM. 1254, DALLAS, TX 75242-1496 BEFORE CLOSE OF BUSINESS ON APRIL 6, 2020, WHICH IS AT LEAST 45 DAYS FROM THE DATE OF SERVICE HEREOF.

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY.

IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY REQUESTED, THE RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN.

Case 18-30777-hdh11 Doc 1951 Filed 03/06/20 Entered 03/06/20 13:52:19 of 31

Millenia Claims Management, LLC, as Trustee for the 4 West Tort Claimants Trust

(the "Trustee" of the "Tort Claimants Trust") files this Objection to Claim of Donna

Campbell, Individually, and as Personal Representative of the Estate of Elizabeth Boydston,

and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Elizabeth

Boydston (the "Objection"). Through this Objection, the Trustee of the Tort Claimants Trust

seeks to disallow claim of Donna Campbell, Individually, and as Personal Representative of

the Estate of Elizabeth Boydston, and on Behalf of and for the Use and Benefit of the Wrongful

Death Beneficiaries of Elizabeth Boydston (the "Claimant") in its entirety. In support hereof,

the Trustee asserts the following:

JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and

1334.

This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). Venue before this Court is

proper pursuant to 28 U.S.C. §§ 1408 and 1409.

PROCEDURAL POSITION

2. On March 6, 2018 (the "Petition Date"), each of the Debtors filed a voluntary

petition for bankruptcy relief under Chapter 11 of Title 11 of the United States Code (the

"Bankruptcy Code").

3. On June 22, 2018, the Debtors filed their Third Amended Joint Plan of

Reorganization Under Chapter 11 of the Bankruptcy Code (the "Plan") [Dkt. No. 615]. On

June 29, 2018, Debtors filed their Notice of Filing of Plan Supplement [Dkt. No. 661].

4. On October 9, 2018, the Debtors filed the Debtors' Motion to Approve Plan

Modifications Under Bankruptcy Rule 3019 [Dkt. No. 1055] to make certain modifications to


the Plan as reflected in Docket Nos. 1053 and 1120. The Court approved the modifications on

November 27, 2018, through its Order Granting Debtors' Motion to Approve Plan

Modifications Under Bankruptcy Rule 3019 [Dkt. No. 1214]. On December 31, 2018, the

Debtors filed a conformed version of the Plan, which incorporated the revisions contained in

Docket Nos. 1053 and 1120 [Dkt. No. 1314].

5. On January 14, 2019, the Bankruptcy Court entered its Findings of Fact,

Conclusions of Law, and Order Confirming Debtors' Modified Third Amended Joint Plan of

Reorganization Under Chapter 11 of the Bankruptcy Code (the "Confirmation Order") [Dkt.

No. 1361], whereby the Court confirmed the Plan in its final form, as included as Exhibit B to

the Confirmation Order.

6. Paragraph EE of the Confirmation Order, which is consistent with Article IV.A

of the Plan, provides that the Plan serves as, and is deemed to be, a motion for entry of an order

substantively consolidating the Chapter 11 Cases as set forth in the Plan, effective nunc pro

tunc as of the Petition Date.

7. On February 13, 2019, Debtors filed their Notice of (I) Entry of Order

Confirming the Debtors' Modified Third Amended Joint Plan of Reorganization Under Chapter

11 of the Bankruptcy Code, and (II) Effective Date [Dkt. No. 1386], providing that the plan

has become effective as of February 13, 2019 (the "Effective Date").

8. The Plan and Confirmation Order provided for the establishment of the Tort

Claimants Trust, which was settled pursuant to the Tort Claimants Trust Agreement between

the Debtors and its affiliates (as settlors) and the Trustee (the "Tort Claimants Trust

Agreement attached hereto as Exhibit [A]"). The Tort Claimants Trust Agreement, in

conjunction with the Plan and Confirmation Order, provides for the Trustee's administration of


various tort claims incurred by the Debtors. The Trustee therefore has standing and is

authorized to file this Objection in order to appropriately administer the Tort Claimants Trust.

CLAIM OBJECTIONS

9. On or about December 7, 2016, Claimant filed a Complaint in the Circuit Court

for the First Judicial District of Grenada County, Mississippi, Case No. 2016-234, against

Grenada Rehabilitation and Healthcare Center, LLC f/k/a Grace Health & Rehab of Grenada, LLC,

Orianna Health Systems, LLC f/k/a Covenant Dove, LLC, Ark Mississippi Holding Company, LLC, et

al. The claim asserts an unsecured claim for negligence, medical malpractice, malice/gross

negligence breach of fiduciary duty, wrongful death and survival damages.

10. On or about July 16, 2018, Claimant filed Proof of Claim No. 296 for an

unknown amount against the Debtors, asserting unsecured claims for personal injury (the

“Claim”).

11. The Trustee objects and seeks to disallow and expunge the Claim because the

Claimant does not have a legitimate claim, or a claim of any kind, against the Debtors or

alternatively the amount of the Claim is not justified or supported in any manner due to, among

others, the following reasons:

a. Claimant's Complaint was not accompanied by an affidavit of an expert that sets forth

the alleged negligence.

b. Claimant did not file or provide an expert affidavit by a qualified expert, which is a

prerequisite when filing a lawsuit.

c. Claimant's claim amount exceeds the statutory limit or cap for non-economic and/or

punitive damages.

d. To the extent applicable, Claimant did not provide medical records from the

subsequent facility where Claimant resided after the Debtor or state that Claimant did


not reside at a subsequent facility;

e. Claimant's claim did not provide sufficient information – actually no information was

provided - to evaluate the merits of the claim properly, therefore, the Trust objects to

the claim until Claimant provides the proper documentation;

f. Claimant did not provide any documentation showing the nature and extent of injury,

the nature and extent of treatment, the degree of permanent disability, if any, the

prognosis, and the period of hospitalization. Further the Claimant failed to attach any

itemized bills – redacted or otherwise - for medical, hospital, or burial expenses

actually incurred.

12. Accordingly, the Claim should be disallowed because the Claimant does not

have a claim against the Debtors or has not properly supported such Claim. Alternatively,

Claimant should be ordered by this Court to modify its Claim by remedying the above-

designated deficiencies.

13. The Trustee of the Tort Claimants Trust reserves all rights to amend this

Objection to assert additional objections to the Claims. Nothing in this Objection or the relief

requested herein in any way affects the GUC Trust or GUC Trustee's, Distribution Trust or the

Trustee of Distribution Trust's right to object to Claimant's unsecured claim (if any), whether

as filed or modified by any order granting the relief requested in this Objection.

PRAYER

WHEREFORE, the Trustee of the Tort Claimants Trust hereby requests that the Court

enter an order (a) sustaining the Objection, (b) disallowing the Claim in its entirety, and (c)

granting the Trustee such other and further relief as the Court deems appropriate.

DATED: March 6, 2020 Respectfully submitted,


LAW OFFICES OF DANTE M. SKOURELLOS By: /s/Dante M. Skourellos Dante M. Skourellos State Bar 24086601 2002 N. Lois Avenue, Suite 610 Tampa, FL 33607 (813) 938-6070 (888) 965-0874 (Facsimile) Email:[email protected]

COUNSEL TO MILLENIA CLAIMS MANAGEMENT, LLC, TRUSTEE OF THE 4 WEST TORT CLAIMANTS TRUST


CERTIFICATE OF SERVICE

I hereby certify that on March 6 2020, a true and correct copy of the foregoing Objection

was served via the Court's Electronic Case Filing system, and via First-class mail, postage pre-paid on the parties listed below. Donna Campbell o/b/o Wrongful Death Beneficiaries of Elizabeth Boydston C/O R. Paul Williams, Esq. Williams Newman Williams, PLLC P.O. Box 23785 Jackson, MS 39225-3785 /s/ Dante M. Skourellos Dante M. Skourellos


Dante M. Skourellos (State Bar No. 24086601) LAW OFFICES ...Donna Campbell o/b/o Wrongful Death...

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