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PAUL R. GLASSMAN (State Bar No. 76536) LAURA L. BUCHANAN (State Bar No. 156261) KATHLEEN D. DeVANEY (Sate 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 MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE AND PERMITTING DEBTOR TO ESTABLISH AND MAINTAIN A PUBLICLY AVAILABLE INTERNETACCESSED WEBSITE IN LIEU OF NOTICE TO CERTAIN PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Date: Time: Dept: TBD TBD 301

MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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The City of San Bernardino, California (the City) hereby moves the Court pursuant to 11 U.S.C. 102 and Rules 2002(m) and 9007 of the Federal Rules of Bankruptcy Procedure for entry of an order establishing notice procedures for this chapter 9 case (the Motion). The City seeks an order establishing certain notice procedures to ensure that interested parties are apprised of matters in this Chapter 9 case, and to reduce the costs of providing notice and streamline the bankruptcy process. The proposed notice procedures will: a. b. limit the number of parties upon whom notice must be served; provide an alternative means of access to the Courts docket and to relevant

documents via a website maintained on the Citys webpage at the Citys expense; and c. designate the manner of service as to all matters for which the Bankruptcy Code

and the Bankruptcy Rules authorize the Court to designate or limit the parties entitled to notice and the manner of service, including matters subject to Bankruptcy Rules 2002, 4001, 6006, or 7004. The Court has jurisdiction pursuant to 28 U.S.C. 1334 and 157(b) and 11 U.S.C. 921(b). This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue in the Central District of California is appropriate pursuant to 28 U.S.C. 1408 and 1409. This Motion is based on the memorandum of points and authorities, the record in this case, and the arguments, evidence, and statements that may be presented at or prior to the hearing on this Motion. Any opposition or objection to the Motion must be made by the deadline set forth in the Order Granting Application and Setting Hearing on Shortened Notice. The City will cause a copy of this Motion to be given by notification of electronic filing on August 9, 2012, or an overnight delivery service on August 10, 2012, to: (a) the Office of the United States Trustee for the Central District of California; (b) parties that filed requests for notice or courtesy notification of electronic filing, (c) the parties listed on the List of Creditors Holding 20 Largest Unsecured Claims, which is being filed concurrently, and (d) certain parties in interest that are identified on a supplemental proof of service that will be filed in support of this Motion on August 10, 2012. The City submits that, under the circumstances, consistent with -1MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, no other or further notice is required, except notice of the hearing date on this Motion that the Court may direct. WHEREFORE, the City respectfully requests that the Court enter an order: (i) limiting the parties upon whom notice must be served; (ii) permitting the City to provide an alternative means of access to this Courts docket and to relevant documents via a website maintained on the Citys webpage at the Citys expense; (iii) designating the manner of service with respect to all matters for which the Bankruptcy Code and the Bankruptcy Rules authorize the Court to so designate or limit; and (iv) granting such other and further relief as the Court deems to be just and proper.

Dated: August 9, 2012

STRADLING YOCCA CARLSON & RAUTH A Professional Corporation By: /s/ Paul R. Glassman Paul R. Glassman Attorneys for City of San Bernardino, Debtor

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Doc 45 Filed 08/09/12 Entered 08/09/12 22:09:32 Main Document Page 4 of 13 MEMORANDUM OF POINTS AND AUTHORITIES

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The City of San Bernardino (the City) sought relief under Chapter 9 of the Bankruptcy Code by filing its voluntary petition (the Petition) on August 1, 2012 (the Petition Date) on an emergency basis because it faced an immediate and dire liquidity crisis and was on the brink of a fiscal collapse. The magnitude and causes of the Citys financial problems are briefly summarized below to provide the Court with a general overview of factors leading to the filing of the Petition. I. General Background. The emergent nature of the Citys cash flow crisis and dire financial condition became apparent in late June of 2012 after the Citys Finance Department completed its report entitled San Bernardino Budgetary Analysis and Recommendations for Budget Stabilization (the Budget Report). The Budget Report concluded, inter alia, that: (1) the City faced a budget deficit estimated to be over $45.8 million in its current fiscal year which began on July 1, 2012; (2) the City had depleted all its General Fund reserves to cover substantial budget deficits in the last four consecutive fiscal years; (3) immediate and substantial action had to be taken to reduce spending and preserve cash for the City to continue providing essential services to its residents; (4) an audit of the Citys General Fund revealed that the balances at the start of the 2010-11 and 2011-12 fiscal years had been erroneously reported by City staff and actually totaled over $4.5 million less than reported, and the beginning General Fund balance for the current fiscal year was estimated to be a negative balance of millions of dollars; and (5) the City did not have sufficient unrestricted cash available to pay its financial obligations as and when those obligations are due or to become due and owing. Simply put, the City was and is insolvent. The Citys General Fund revenues have declined significantly since a peak of $133 million in 2008. The Budget Report determined the causes of these declines include the Great Recession, the housing market collapse in Californias Inland Empire, the loss of redevelopment funds, and declines in revenue to the General Fund from sales tax, property tax, franchise fees, utility users tax, and licenses and permits. The Budget Report also noted that despite the Citys efforts to reduce costs by eliminating approximately 20% of its workforce and negotiating -1MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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compensation concessions of approximately $10 million annually from certain groups of City employees, the Citys operational costs have remained flat or increased and continue to exceed revenues. Indeed, the Budget Report concluded that even if further cuts were made to reduce the services the City provides to its residents, such cuts would not be enough to solve the Citys financial challenges and structural budget imbalances. In order to preserve enough cash to meet its August 1 payroll obligations and provide essential services through the end of September, the City approved a Fiscal Emergency Operating Plan and was forced to defer payments totaling over $6 million for: (1) debt and lease payments due in the first quarter of this fiscal year, including a payment for pension bonds and infrastructure bank loans, (2) a contribution for retiree health benefits, and (3) an annual debt payment for an operating system. The City also continued certain employee compensation concessions and took other cost cutting measures. Further, after recent widespread media coverage of the Citys dire fiscal condition, the Citys financial condition and resources deteriorated further and the City faced more threats and instability resulting from certain actions by creditors. The City continues to be plagued by serious cash flow problems which, absent the protections of Chapter 9, will only grow significantly worse and result in a shut down of the City. The City had no choice but to declare a fiscal emergency, and seek bankruptcy protection under Chapter 9 as a last resort. After filing the Petition on an emergency basis, the City can now focus and devote substantial resources and efforts to the challenging tasks of restoring financial order to the City and developing a pendency plan for this Chapter 9 case. II. The Proposed Notice Procedures. The City anticipates that it will have many thousands of creditors on its List of Creditors and has just over 211,000 interested residents. Rule 2002(a) of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules) provides that unless otherwise ordered by the court, notice of certain matters must be given to all of a chapter 9 debtors creditors and other parties in interest. See Fed. R. Bankr. P. 2002(a). Other provisions of the Bankruptcy Code and Bankruptcy Rules state that notice of specified matters must be given only to designated entities who are entitled to -2MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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notice and to any other entities that the court may direct receive notice. It would be impractical and it would impose a large administrative and economic burden to require the City, the Clerk of this Court or moving parties to mail notices for every hearing and proposed action in this case to the thousands of creditors that will be listed on its List of Creditors to be filed in this case. As discussed below, the Bankruptcy Code, the Bankruptcy Rules and the Local Rules of this Court provide the Court with authority to establish the notice procedures proposed in the Motion. The City believes that such procedures will streamline the bankruptcy process and reduce the costs of providing notice. Accordingly, as permitted by Bankruptcy Rules 2002(i) and 2002(m), the City proposes that the Court enter an order, effective as of the Petition Date: a. b. limiting the number of parties upon whom notice must be served; providing an alternative means of access to this Courts docket and to relevant documents via a website maintained on the Citys webpage at the Citys expense; and c. designating the manner of service with respect to all matters for which the Bankruptcy Code and the Bankruptcy Rules authorize the Court to designate or limit the parties entitled to notice and the manner of service, including matters subject to Bankruptcy Rules 2002, 4001, 6006, or 7004. The City proposes that, with respect to all matters or proceedings other than those described in Bankruptcy Rule 2002(a)(5) & (7), (b) and (f), as applicable, the Court order that notice need be served upon only the following parties (the Special Notice Parties). The City requests that such service be made via email or the CM/ECF system, when possible, and otherwise by U.S. Mail or overnight delivery: a. The Office of the United States Trustee, as follows: Everett L. Green, Assistant U.S. Trustee U.S. Department of Justice, Office of the United States Trustee 3685 Main Street, Suite 300 Riverside, CA 92501 Email: everett.green@usdoj.gov and -3MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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Michael J. Bujold US Department of Justice 3685 Main St Ste 300 Riverside, CA 92501 Email: Michael.J.Bujold@usdoj.gov b. The City Attorney, as follows: James F. Penman, City Attorney Office of the City Attorney City of San Bernardino - City Hall 300 N. D Street, 6th Floor San Bernardino, CA 92418 Email: Penman_Ja@sbcity.org c. The Citys chapter 9 counsel, as follows: Paul R. Glassman, Esq. Stradling Yocca Carlson & Rauth 100 Wilshire Blvd., Suite 440 Santa Monica, CA 90401 Email: pglassman@sycr.com Laura L. Buchanan, Esq. Stradling Yocca Carlson & Rauth 100 Wilshire Blvd., Suite 440 Santa Monica, CA 90401 Email: lbuchanan@sycr.com Kathleen D. DeVaney, Esq. Stradling Yocca Carlson & Rauth 100 Wilshire Blvd., Suite 440 Santa Monica, CA 90401 Email: kdevaney@sycr.com d. Counsel for any committee appointed under section 1102 of the Bankruptcy Code

(as made applicable in this case by section 901), or, absent and prior to the appointment of any such committee, to each of the creditors holding the twenty largest unsecured claims as filed by the City. e. The Internal Revenue Service P.O. Box 7346 Philadelphia, PA 19101-7346 Franchise Tax Board Bankruptcy Section, MS: A-340 P. O. Box 2952 Sacramento, CA 95812-2952 -4MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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Employment Development Department Bankruptcy Group MIC 92E P. O. Box 826880 Sacramento, CA 94280-0001 Creditors and others who file with the Court and properly serve on the Citys

h.

chapter 9 counsel (see subparagraph c above), a request for special notice; and i. Any party against whom direct relief is sought by motion, application or

otherwise, such as the nondebtor party to an executory contract or unexpired lease being assumed or rejected. The City requests that the Court require that notice shall be sufficient only if served upon the Special Notice Parties in the manner set forth above, unless a different manner of service is specifically requested in a paper filed with the Court and served upon the Special Notice Parties at least ten days prior to such service. The filing of any pleading in this case, other than a proof of claim, on behalf of one of the Special Notice Parties, via the CM/ECF system, shall constitute that partys consent to receive all future notice through the CM/ECF system; provided, however, that such party may request that notice be sent by first class mail to a specified address, or by electronic mail to a specified address, by both filing with the Court and serving on the Citys chapter 9 counsel a request for alternative service and/or change of address so stating. Counsel for any of the parties listed above, if counsel is added or other counsel is substituted in their place, may report this substitution by both filing with the Court and serving on the Citys chapter 9 counsel a request for special notice. Counsel making such a request shall receive future service through the CM/ECF system; provided however, that such counsel may, in the request for special notice, request additional service by first class mail at any address. To the extent that the foregoing is inapplicable, any party filing or causing the filing of a motion, complaint, response, objection, notice, application, request, or other paper in this bankruptcy case, shall be deemed to have consented to receive effective notice at the address appearing on such paper, and notice sent to that address shall be deemed to have been brought to the attention of such party. -5MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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Other than as set forth above, and unless otherwise required by Bankruptcy Rule 7004(h) or order of the Court, all notices in this case shall be provided by first class mail. Unless otherwise ordered by the Court, the limitation on notice proposed by this Motion shall not apply to those matters or proceedings referred to in Bankruptcy Rule 2002(a)(5) & (7), (b) and (1), as applicable. Such matters or proceedings shall be noticed in accordance with the Bankruptcy Rules. Although the City believes that the form and manner of notice outlined in this Motion satisfies the requirements of the Bankruptcy Code and the Bankruptcy Rules, the City also proposes to establish and maintain a publicly available Internet-accessed website (the Citys Bankruptcy Website) through the Citys current webpage at http://www.sbcity.org that provides, without limitation, general information concerning the chapter 9 case, including the case docket, access to certain filings, answers to frequently asked questions and other general information concerning significant matters in the case. III. ARGUMENT A. The Bankruptcy Rules Authorize the Court to Regulate Notice Requirements. Bankruptcy Code 102(1)(A) provides that where the Bankruptcy Code provides for an action to occur after notice and a hearing, such action may occur after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances. . . . 11 U.S.C. 102(1)(A). Bankruptcy Rule 9007 grants the Court general authority to regulate notice. Fed. R. Bankr. P. 9007 (When notice is to be given under these rules, the court shall designate, if not otherwise specified herein, the time within which, the entities to whom, and the form and manner in which the notice shall be given.). The Bankruptcy Rules further provide that the court may from time to time enter orders designating the matters in respect to which, the entity to whom, and the form and manner in which notices shall be sent except as otherwise provided by these rules. Fed. R. Bankr. P. 2002(m). The City

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submits that the notice procedures outlined herein comport with Bankruptcy Rule 2002(i), which requires that notice of all matters must be provided to official committees.1 B. The Proposed Notice Procedures Will Minimize the Administrative Burden That Would Otherwise Burden the City Without Diminishing Creditor Participation in the Case. Numerous creditors and parties in interest have filed notices requesting service in this case and the City expects that more will be filed. The City and other parties may file frequent and potentially voluminous pleadings during this case. Given that the City estimates it has many thousands of creditors or potential creditors, the burden and cost of copying and mailing, overnighting or otherwise serving paper copies of all filings would impose a heavy administrative and economic burden upon the City, but would not appreciably enhance the quality of notice provided to interested parties in this case. Moreover, mass mailings will divert the Citys limited resources from the primary objective of adjusting the Citys obligations and achieving a sustainable and balanced budget. The Court has authority to implement the procedures requested in this Motion, which will mitigate the burden of providing notice without diminishing creditor participation in this case. Although the City believes that the form and manner of notice outlined in the Motion satisfies the requirements of the Bankruptcy Code and the Bankruptcy Rules, the City also proposes to establish and maintain a publicly available Internet-accessed website with links to pleadings and other documents (the Citys Bankruptcy Website). All material information relevant to the case will be posted on the Citys Bankruptcy Website, thus serving not only the interests of creditors and other parties in interest, but also providing important information to the citizens of San Bernardino and the general public. IV. CONCLUSION For these reasons, the City respectfully requests that the Court enter an order: (i) limiting the parties upon whom notice must be served; (ii) permitting the City to provide an alternative
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Pursuant to Bankruptcy Code 1102(a)(1), made applicable in chapter 9 cases by 901(a), the United States Trustee may not appoint an official committee until after the entry of an order for relief. -7MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE

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means of access to this Courts docket and to relevant documents via a website maintained on the Citys webpage at the Citys expense; (iii) designating the manner of service with respect to all matters for which the Bankruptcy Code and the Bankruptcy Rules authorize the Court to so designate or limit; and (iv) granting such other and further relief as the Court deems to be just and proper. Dated: August 9, 2012 STRADLING YOCCA CARLSON & RAUTH A Professional Corporation By: /s/ Paul R. Glassman Paul R. Glassman Attorneys for City of San Bernardino, Debtor

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PROOF OF SERVICE OF DOCUMENT

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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: MOTION FOR ENTRY OF AN ORDER LIMITING NOTICE AND PERMITTING DEBTOR TO ESTABLISH AND MAINTAIN A PUBLICLY AVAILABLE INTERNET-ACCESSED WEBSITE IN LIEU OF NOTICE TO CERTAIN PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 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 9, 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 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 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 Scott H Olson solson@seyfarth.com Dean G Rallis drallis@sulmeyerlaw.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 United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov Anne A Uyeda auyeda@bmkattorneys.com Annie Verdries verdries@lbbslaw.com Brian D Wesley 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

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

3.1.PROOF.SERVICEProof of Service/v/-

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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 9, 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. Honorable Meredith A. Jury (Personal Delivery) U.S. Bankruptcy Court 3420 Twelfth Street, Suite 325 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.

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August 9, 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

3.1.PROOF.SERVICEProof of Service/v/-

F 9013-