In re: SVS Holdings, Inc.

Filing 32

ORDER CLOSING CASE ADMINISTRATIVELY subject to re-opening for good cause. Signed by Judge Robert E. Blackburn on 3/8/2016. (cmira)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00169-REB
(Bankruptcy Case No. 10-24238-HRT (Chapter 7))
Adversary Proceeding No. 12-01757-HRT
In re: SVS HOLDINGS, INC.
Debtor.

TOM H. CONNOLLY, Chapter 7 Trustee,
Plaintiff,
v.
SEQUOIA VOTING SYSTEMS, INC.,
DOMINION VOTING SYSTEMS CORPORATION and
DOMINION VOTING SYSTEMS, INC.,
Defendants.

ORDER CLOSING CASE ADMINISTRATIVELY
Blackburn, J.
This matter is before the court sua sponte. Given the circumstances of this case, I
order that this case be closed administratively pending a ruling from the United States
Bankruptcy Court for the District of Colorado on an issue now before that court, which
issue is closely related to this adversary proceeding.
A claim for substantive consolidation of SVS Holdings, Inc. and Sequoia Voting
Systems, Inc. is pending in this adversary proceeding and in the pending Chapter 11
bankruptcy case of Sequoia Voting Systems, Inc. Dominion Voting Systems Corporation
and Dominion Voting Systems, Inc. (Dominion) note that they have not been permitted to

contest substantive consolidation in the bankruptcy court. In this adversary proceeding,
Dominion seeks to preserve a right to contest substantive consolidation.
As detailed in a previous order [#31], when the bankruptcy court considers
confirmation of the Chapter 11 plan of Sequoia, the bankruptcy court will address in the
first instance the issue of substantive consolidation of SVS and Sequoia. If the bankruptcy
court confirms a plan of reorganization which includes substantive consolidation of SVS
and Sequoia, I will treat such an order as proposed findings of fact and conclusions of law
with regard to the issue of substantive consolidation in this adversary proceeding. In my
previous order [#31], I described the procedure for filing objections to such proposed
findings of fact and conclusions of law on the issue of substantive consolidation. Pending
resolution of that issue by the bankruptcy court, I close this case administratively subject to
re-opening for good cause.
THEREFORE, IT IS ORDERED as follows:
1. That under D.C.COLO.LCivR 41.2, this action is closed administratively; and
2. That under D.C.COLO.LCivR 41.2, the clerk is directed to close this civil action
administratively, subject to reopening for good cause.
Dated March 8, 2016, at Denver, Colorado.
BY THE COURT:

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