RMS Titanic, Inc., et al. (D/B/A PREMIER EXHIBITIONS)

RMS Titanic, Inc., et al.
497d5a77-fff2-49a9-98f0-c32110ea0410

In re: RMS Titanic, Inc., et al., Case No. 16-02230
United States Bankruptcy Court, Middle District of Florida (Jacksonville Division)

THIS WEBSITE IS MAINTAINED ON BEHALF OF BOTH COUNSEL TO THE OFFICIAL COMMITTEE OF EQUITY SECURITY HOLDERS AND COUNSEL TO THE OFFICIAL COMMITTEE OF CREDITORS

Case Information

On June 14, 2016, Premier Exhibitions, Inc., RMS Titanic, Inc., Premier Exhibitions Management, LLC, Arts and Exhibitions International, LLC, Premier Exhibitions International, LLC, Premier Exhibitions NYC, Inc., Premier Merchandising, LLC, and Dinosaurs Unearthed Corp. (together, the “debtors”) commenced voluntary chapter 11 bankruptcy cases.  The debtors’ cases are pending before the Honorable Paul M. Glenn of the United States Bankruptcy Court for the Middle District of Florida (Jacksonville Division), and are jointly administered under Case No. 16-2230.

Calendar
Date Time Description Documents
6/14/2016   Petition Date Notice of Chapter 11 Bankruptcy Case
8/10/2016 (continued to 10/25/2016) 12:00 p.m. ET Meeting of Creditors  
10/24/2016 5:00 p.m. ET General Bar Date  
12/9/2016 5:00 p.m. ET Governmental Bar Date  
Court Docket
Creditors' Committee Announcements

The General Bar Date for creditors to file proofs of claim against the debtors is October 24, 2016.  For information relating to the filing of proofs of claim, please click HERE.  A blank proof of claim form may be downloaded by clicking HERE.  Instructions for completing the form can be downloaded HERE.

Equity Committee Announcements

PREMIER CANCELS TITANIC AUCTION

IN THE ABSENCE OF A COMPETING OFFER, PREMIER TO SELL COMPANY

 AND THE TITANIC ARTIFACTS FOR $19.5 MILLION

On September 19, 2018, Premier filed a Notice of Auction and Sale Hearing  that Premier would seek approval from the Bankruptcy Court to sell the Company and substantially all of its assets to the Stalking Horse Purchaser, an acquisition vehicle formed by affiliates of or funds managed PacBridge Capital Partners (HK) Ltd.1 , Apollo Global Management, LLC, and Alta Fundamental Advisors LLC, for $19.5 million unless a higher and better offer were received by the bid deadline of October 5, 2018. 

On October 8, 2018, Premier filed a Notice of Cancellation of Auction and Intent To Seek Approval of The Sale of The Transferred Assets To The Stalking Horse Purchaser, Docket 1226, advising that, other than the bid submitted by the Stalking Horse Purchaser, the Debtors did not receive any other bids prior to the Bid Deadline.   

While the Equity Committee remains hopeful that a new offer may yet be received that is in line with the true value of these assets, in the absence of a new offer Premier will seek approval of the sale to the Stalking Horse Purchaser at a hearing in the Jacksonville Bankruptcy Court on October 18, 2018. The Equity Committee has filed oppositions to the sale. See Dockets 1170 and 1225.

All interested parties should immediately contact the Equity Committee’s Financial Advisors Brent Williams, BWilliams@lincolninternational.com,   (212) 257-7750, or Brendan Murphy, bmurphy@lincolninternational.com, (212) 257-7751.

Mr. Giovanni Wong is a principal of PacBridge and is agent for the secured lenders who are also shareholders in Premier and in the Stalking Horse Purchaser:  Haiping Zou, Lange Feng, and Jihe Zhang, (Mr. Zou holds his shares in Premier through High Nature Holdings, Ltd., a company organized in the British Virgin Islands)

 

Entire Titanic Artifact Collection To Be Sold At Auction, Opening bid $21.5M

Possibly the only opportunity for individuals and institutions to bid on the iconic collection

Premier Exhibitions, Salvor-in-Possession of the Titanic wreck site, and currently in bankruptcy protection, has been authorized by the bankruptcy court to auction off all of its assets to a single buyer. Its primary asset is RMS Titanic, Inc., which owns a large collection of over 5,000 items salvaged from the Titanic’s resting place on the ocean floor, in addition to an extensive collection of Titanic related intellectual property and exclusive salvage rights. There have been 8 dives from 1987 to 2010 where over 1,570 hours of video footage, including 260+ hours of 3D footage, and over 500,000 digital images have been recorded. Museum quality items in the collection include the iconic cherub from the Titanic’s grand staircase and a unique and precious blue sapphire ring, among countless other priceless artifacts never previously available for sale.

https://www.cbsnews.com/pictures/titanics-jewels-on-display/6/

http://www.premierexhibitions.com/exhibitions/3/3/titanic-artifact-exhibition/blog/bronze-cherub-titanics-grand-staircase

Currently, a consortium of hedge funds, including Apollo Global Management, LLC, Alta Fundamental Advisors, LLC, and PacBridge Capital Partners (HK) Ltd. have submitted an offer to buy the company’s assets for $19.5M, being treated as a bid floor. Unless a competing buyer steps forward, the company’s assets, including the entire Titanic collection, will be sold to this group for its $19.5M bid.  As per the bidding procedures, a new buyer needs to submit, by October 5, 2018 at 4:00 p.m., a qualifying preliminary bid of at least $21.5M to enter the auction.   

The auction itself will be held on October 11, 2018 at 10:00 a.m. The Bid Procedures Order (Doc. 1201) may be found at this link HERE.

Please refer to the Bid Procedures Order, and not the summary contained herein, for specifics about the bid procedures and the auction. 
This may be the only time in history that this unique collection, with an appraised value of over $200M, will be made available to public buyers.  The appraisal is attached as Exhibit C to an earlier sale motion (Doc. 28) which may be found at this link HERE

While the new owner of the collection will be subject to certain Covenants and Conditions, the new owners will have the right to use the artifacts and to exhibit them publicly. Though ideally it will remain a unified collection, it may be possible to sell certain parts of the collection in a future sale.  And while parts of the collection have maintenance conditions attached, numerous institutions are eager work with the buyer to help them meet those requirements. In addition, operating partners have expressed interest in working with a buyer to assume oversight of Premier’s existing exhibition business

Please refer to the Bid Procedures Order for details about the sale process.  Listed below are some of the important bidding procedure requirements for potential bidders:

Dates:  Deadline to submit a Qualified Bid is October 5th at 4 p.m.  

The Auction will be October 11th at the Troutman Sanders law firm in Atlanta, GA starting at 10 a.m.  

The Sale Hearing to confirm the winning bidder will be October 18th at 10 a.m. before Judge Glenn in Jacksonville, FL. 

Financial requirements:  Minimum bid of $21,500,000 and a 10% deposit is required with the bid by October 5th at 4 p.m. 

Other requirements: Bid increments at Auction will be $500,000.  A form of asset purchase agreement is attached to the Sale Motion (Doc. 1055) and bidders must provide a substantially similar, same or better form with any bid. The Sale Motion (Doc. 1055) may be found at this link HERE

Interested bidders, both private and institutional, are encouraged to review the Bid Procedures Order (Doc. 1201) and to reach out to Brent C. Williams of Lincoln Partners Advisors LLC, financial advisor to the Equity Committee, for information about this notice. He can be reached at (212) 257-7750 or BWilliams@lincolninternational.com.  

Potential bidders must contact the Debtors’ financial advisors directly at the contact information provided in the Bid Procedures Order.  

For further information contact:
Brent C. Williams 
Lincoln Partners Advisors LLC, financial advisor to the Official Equity Committee of Premier Exhibitions
Tel: (212) 257-7750
Email:   BWilliams@lincolninternational.com

COURT DENIES APPROVAL OF EQUITY COMMITTEE PLAN

DEBTORS TO SELL THE COMPANY AND ITS ASSETS IMMINENTLY VIA EARLY OCTOBER AUCTION

On August 30, 2018, the Bankruptcy Court held a hearing to consider approval of the Disclosure Statement submitted by the Equity Committee in support of its Chapter 11 Plan and also to consider the motion by the Debtors to approve bidding procedures for the sale of the company and its assets outside of a Chapter 11 Plan.  A transcript of the hearing may be accessed HERE. On the day of the hearing the Debtors announced in court that the Purchasers had reached agreement with the largest unsecured creditor to support the Debtors’ sale motion and oppose the Equity Plan.  On September 11, 2018, the Court ruled that the Debtors’ sale could proceed but denied approval of the Equity Committee’s Disclosure Statement
 

The Debtors now will proceed to sell the company and its assets pursuant to the Bid Procedures Order.
 

EQUITY COMMITTEE COMMENCES LAWSUIT AGAINST

CURRENT AND FORMER OFFICERS AND DIRECTORS OF PREMIER EXHIBITIONS, INC.

On June 5, 2018, the Equity Committee filed suit in the Bankruptcy Court asserting causes of action against certain current and former officers and directors of Premier Exhibitions, Inc.  The case is Official Committee of Equity Security Holders v. Mark A. Sellers, et al., Case no. 3:18-ap-00064-PMG.  The Equity Committee complaint alleges breach of fiduciary duty, gross negligence, and equitable subordination.    

A copy of the Complaint may be viewed HERE

EQUITY COMMITTEE FILES CHAPTER 11 PLAN AND DISCLOSURE STATEMENT

June 1, 2018 -- On June 1, 2018, the Equity Committee filed Its Chapter 11 Plan of Reorganization Proposed by The Official Committee of Equity Security Holders of Premier Exhibitions, Inc., Docket 1045, and its Disclosure Statement To Accompany Chapter 11 Plan Of Reorganization Proposed By The Official Committee of Equity Security Holders Of Premier Exhibitions, Inc., Docket 1044.  

A copy of the Equity Committee Plan as filed with the Bankruptcy Court may be accessed HERE and a copy of the Disclosure Statement may be accessed HERE.  

EQUITY COMMITTEE GRANTED DERIVATIVE STANDING TO PURSUE D&O CLAIM

May 25, 2018 -- The Bankruptcy Court entered an order on May 25, 2018, granting the Equity Committee standing to pursue causes of action against current and former officers and directors of Premier Exhibitions, Inc.  The Equity Committee sought derivative standing to pursue these claims after more than a year of investigation and discovery with respect to prepetition conduct that contributed to the Debtors’ current financial condition.  The claims to be pursued include breach of fiduciary duty, gross negligence, and equitable subordination.  The Bankruptcy Court also approved the Equity Committee’s application to retain Agentis, of Miami, FL, as special litigation counsel to conduct the litigation.  Additional information will be made available once the complaint has been filed with the Bankruptcy Court.

A copy of the Derivative Standing Order may be viewed HERE.

COURT APPROVES SETTLEMENT OF LARGEST GENERAL UNSECURED CLAIM

March 14, 2018 -- Premier has favorably settled the largest outstanding general unsecured claim against the estate. The creditor, 417 Fifth Ave Real Estate LLC, the landlord of Premier's former New York exhibition site, (the "Landlord"), had filed proofs of claim asserting claims totaling nearly $12.6 million for unpaid rent and construction loads. Under the settlement, the Landlord will be granted an allowed general unsecured claim only in the amount of $5.5 million and the remaining claims will be disallowed.

The Landlord's claim was settled after a day-long mediation in Tampa, Florida. The Equity Committee's counsel attended and participated in the mediation.

A copy of the motion for approval of the settlement was filed on February 12, 2018, and was approved by the Bankruptcy Court on March 14, 2018. Click HERE to review a copy of the settlement motion and HERE for a copy of the order approving that motion.

MEDIATOR REPORT FILED

March 5, 2018 -- Premier Exhibitions, Inc. (OTCQB:PRXIQ) today filed the Mediator's Report on the plan mediation held on February 26 and 27th in Atlanta, Georgia. See Docket No. 970. As noted in the Mediator's Report, the mediator met with representatives of the Debtors, the Equity Committee, Creditors Committee, and Prepetition Secured Creditors/Equity Holders, separately, on February 25, 2018, to discuss the logistics and conduct of the mediation. In addition to these parties, the United States Department of Commerce (National Oceanic and Atmospheric Administration), the DIP lender, and the Prepetition Secured Creditors/Equity Holders, and a representative of the Ad Hoc Equity Group met in a series of negotiations on February 26 and 27. No final resolution was reached but the parties continue their discussions. At the parties' request, the mediator is available to assist in continuing dialogue to reach closure on the remaining open issues. The mediator will maintain the confidentiality of the nature and extent of settlement until the finalization of agreements between some or all of the parties, particularly in light of the fact that equity securities of Premier Exhibition, Inc. are publicly traded.

The Debtors' exclusive right to file a plan, under Bankruptcy Code §1121, expired on February 14, 2018 without the Debtors having confirmed a plan. The Equity Committee will continue its discussions with the various interested parties.

A copy of the Mediator's Report is available here.

Contact Info

COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS
Jeffrey Chubak, Esq.
STORCH AMINI & MUNVES PC
140 East 45th Street, 25th Floor
New York, New York 10017
Telephone: 212-490-4100

and

Richard R. Thames, Esq.
Robert A. Heekin, Jr., Esq.
THAMES MARKEY & HEEKIN, P.A.
50 North Laura Street, Suite 1600
Jacksonville, Florida 32202
Telephone: 904-358-4000

COUNSEL TO THE OFFICIAL COMMITTEE OF EQUITY SECURITY HOLDERS
Peter J. Gurfein, Esq.
Roye Zur, Esq.
LANDAU GOTTFRIED & BERGER LLP
1801 Century Park East, Suite 700
Los Angeles, California 90067
Telephone: 310-557-0050
 
and
 
Jacob A. Brown, Esq.
Mary Katherine Fackler, Esq.
AKERMAN LLP
50 North Laura Street, Suite 3100
Jacksonville, Florida 32202
Telephone: 904-798-3700

COUNSEL TO THE DEBTORS
Daniel Blanks, Esq.
Lee Wedekind, III, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
50 North Laura Street, 41st Floor
Jacksonville, Florida 32202
Telephone: 904-665-3600
 
and
 
Brian A. Wainger, Esq.
William R. Poynter, Esq.
KALEO LEGAL
4456 Corporation Lane, Suite 135
Virginia Beach, Virginia 23462
Telephone: 757-238-6383
OFFICE OF THE UNITED STATES TRUSTEE
Scott Bonkamp, Esq.
OFFICE OF THE UNITED STATES TRUSTEE
400 West Washington Street, Suite 1100
Orlando, Florida 32801
Telephone: 407-648-6301, ext. 150
Important Info

Specific Case Inquiries?  
Please submit all inquiries to counsel for the Creditors’ Committee by clicking HERE.

Please submit all inquiries to counsel for the Equity Committee by clicking HERE.

United States Bankruptcy Court for the Middle District of Florida
Website: www.flmb.uscourts.gov

Premier Exhibitions, Inc.
Website: www.premierexhibitions.com

Office of the United States Trustee
Website: www.justice.gov/ust

D&O Litigation: Equity Committee v. Sellers, et al.

 

Docket Number Date    Filed

Document Name

21 9/19/2018 Hearing Proceeding Memo: Hearing Held - APPEARANCES: STATUS CONFERENCE RULING: EXCHANGE DOCS 60 DAYS FM SALE DATE; MEDIATION 120 DAYS; CONTINUED PRETRIAL 30 DAYS AFTER MEDIATION. STAY REMAIN IN EFFECT O/CHARBONNEAU Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 09/19/2018)
20 9/19/2018 Notice of Withdrawal of Appearance as Counsel for Defendant Sellers Capital, LLC Filed by John T Rogerson III on behalf of Defendant Sellers Capital, LLC. (Rogerson, John) (Entered: 09/19/2018)
19 9/10/2018 Notice of Appearance and Request for Notice Filed by Kenneth D Murena on behalf of Defendant Sellers Capital Master Fund, LTD. (Murena, Kenneth) (Entered: 09/10/2018)
18 9/10/2018 Notice of Appearance and Request for Notice Filed by Kenneth D Murena on behalf of Defendant Sellers Capital, LLC. (Murena, Kenneth) (Entered: 09/10/2018)
17 7/25/2018 Certificate of Service Re: Order Granting Plaintiff's Ex Parte Motion to Stay and Schedule a Status Conference Filed by Robert P Charbonneau on behalf of Plaintiff Official Committee of Equity Security Holders of Premier Exhibitions, Inc. (related document(s)16). (Charbonneau, Robert) (Entered: 07/25/2018)
16 7/19/2018 Order Granting Plaintiff's Ex Parte Motion to Stay and Schedule A Status Conference. Hearing scheduled for 9/19/2018 at 01:30 PM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. Service Instructions: Robert Charbonneau is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Cathy P.) (Entered: 07/19/2018)
15 7/13/2018 Notice of Compliance Filed by John T Rogerson III on behalf of Defendants Jack Jacobs, Mark A. Sellers, Sellers Capital, LLC (related document(s)9). (Rogerson, John) (Entered: 07/13/2018)
14 7/13/2018 Notice of Compliance Filed by John T Rogerson III on behalf of Defendants Jack Jacobs, Mark A. Sellers, Sellers Capital, LLC (related document(s)11). (Rogerson, John) (Entered: 07/13/2018)
13 7/08/2018 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 11)). Notice Date 07/08/2018. (Admin.) (Entered: 07/09/2018)
12 7/08/2018 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 10)). Notice Date 07/08/2018. (Admin.) (Entered: 07/09/2018)
11 7/06/2018 Order Granting Motion To Appear pro hac vice of Alan R. Dolinko for Sellers Capital, LLC; Jack Jacobs and Mark A. Sellers. Upon completion of the required registration form, a temporary login and password will be issued. Filing privileges are limited to this case and any related adversary proceedings. The attorney is directed to file a statement notifying the Clerk when Attorneys involvement in this case is concluded (Related Doc # 8). Service Instructions: Clerks Office to serve. (Melissa S.) (Entered: 07/06/2018)
10 7/06/2018 Service of Previously Entered Order/Notice via Bankruptcy Noticing Center. Title of Previously Entered Document: Order Granting Motion To Appear pro hac vice of Alan F. Curley for Sellers Capital, LLC; Jack Jacobs and Mark A. Sellers. Upon completion of the required registration form, a temporary login and password will be issued. Filing privileges are limited to this case and any related adversary proceedings. The attorney is directed to file a statement notifying the Clerk when Attorneys involvement in this case is concluded (Related Doc # 7). Service Instructions: Clerks Office to serve. Entered on the Docket July 6, 2018 (related document(s)9, 7). (Melissa S.) (Entered: 07/06/2018)
9 7/06/2018 Order Granting Motion To Appear pro hac vice of Alan F. Curley for Sellers Capital, LLC; Jack Jacobs and Mark A. Sellers. Upon completion of the required registration form, a temporary login and password will be issued. Filing privileges are limited to this case and any related adversary proceedings. The attorney is directed to file a statement notifying the Clerk when Attorneys involvement in this case is concluded (Related Doc # 7). Service Instructions: Clerks Office to serve. (Melissa S.) Additional attachment(s) added on 7/6/2018 (Melissa S.). (Entered: 07/06/2018)
8 7/02/2018 Motion of Alan R. Dolinko to Appear pro hac vice , Designation of Local Counsel and Consent to Act Filed by John T Rogerson III on behalf of Defendants Jack Jacobs, Mark A. Sellers, Sellers Capital, LLC. (Rogerson, John) (Entered: 07/02/2018)
7 7/02/2018 Motion of Alan F. Curley to Appear pro hac vice , Desingation of Local Counsel and Consent to Act Filed by John T Rogerson III on behalf of Defendants Jack Jacobs, Mark A. Sellers, Sellers Capital, LLC. (Rogerson, John) (Entered: 07/02/2018)
6 7/02/2018 Notice of Appearance and Request for Notice and Service of Papers Filed by John T Rogerson III on behalf of Defendants Jack Jacobs, Mark A. Sellers, Sellers Capital, LLC. (Rogerson, John) (Entered: 07/02/2018)
5 6/20/2018 Supplemental Certificate of Service Re: Filed by Robert P Charbonneau on Behalf of Plaintiff Official Committee of Equity Security Holders of Premier Exhibitions, Inc. (Related Document(s)1, 2). (Charbonneau, Robert) (Entered: 06/20/2018)
4 6/20/2018 Certificate of Service Re: Filed by Robert P Charbonneau on Behalf of Plaintiff Official Committee of Equity Security Holders of Premier Exhibitions, Inc. (Related Document(s)1, 2). (Charbonneau, Robert) (Entered: 06/20/2018)
3 6/15/2018 Ex Parte Motion to Stay and Schedule a Status Conference on Negative Notice Contains negative notice. Filed by Robert P Charbonneau on behalf of Plaintiff Official Committee of Equity Security Holders of Premier Exhibitions, Inc.. (Charbonneau, Robert) (Entered: 06/15/2018)
2 6/05/2018 Summons issued along with Local Rule 7001-1 - Adversary Proceedings - Procedures. Answer Due 07/05/2018. If one or more defendants are the United States or an officer or agency thereof, add an additional five days to the Answer Due date. A copy of this summons must be included when filing proof of service of this summons. (ADIclerk) (Entered: 06/05/2018)
1 6/04/2018 Complaint by Official Committee of Equity Security Holders of Premier Exhibitions, Inc. against Mark A. Sellers, Douglas Banker, Richard Kraniak, Jack Jacobs, Daoping Bao, Sellers Capital, LLC, Sellers Capital Master Fund, LTD. (Fee Paid.) and Demand for Jury Trial Nature of Suit: [02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))],[81 (Subordination of claim or interest)]. (Charbonneau, Robert) (Entered: 06/04/2018)
France Adversary Proceeding

On August 17, 2017, the Bankruptcy Court granted the Debtor's motion for entry of default judgement against France in the adversary proceeding RMS Titanic Inc. v. France. The Court found that France and all French government agencies have no interest in the French Artifacts. The ruling came at the conclusion of the evidentiary hearing on Plaintiff, RMS Titanic, Inc.'s Amended Motion for Default Judgement Against Defendant French Republic a/k/a Republic of France. The Equity Committee, which had intervened as a party in the adversary proceeding, appeared at the hearing in support of the Motion. On September 29, 2017, the Court entered judgement in favor of RMS Titanic Inc., holding that "France and its government agencies have no interest in the French Artifacts, defined as 2,100 artifacts recovered from the wreck site of the RMS Titanic during an expedition in 1987." A copy of the judgement may be accessed below as Docket 67.

 

Docket Number Date Filed Document Name
68 10/1/2017 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 67)). Notice Date 10/01/2017. (Admin.) (Entered: 10/02/2017)
67 9/29/2017 Default Judgment in Favor of Plaintiff (related document(s)1, 65). Service Instructions: Clerks Office to serve. (Cathy M.) (Entered: 09/29/2017)
66 9/6/2017 Notice of Filing Proof of Service Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)61, 59). (Attachments: # 1 Proof of Service)(Blanks, Daniel) (Entered: 09/06/2017)
65 8/17/2017 Hearing Proceeding Memo: Hearing Held - APPEARANCES: FEH RULING: FJ PLTF O/BLANKS Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 08/17/2017)
64 8/16/2017 Exhibit List Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)59). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 (Part 1 of 3) # 5 Exhibit 4 (Part 2 of 3) # 6 Exhibit 4 (Part 3 of 3) # 7 Exhibit 5 (Part 1 of 3) # 8Exhibit 5 (Part 2 of 3) # 9 Exhibit 5 (Part 3 of 3) # 10 Exhibit 6 # 11 Exhibit 7 # 12 Exhibit 8 (Part 1 of 2) # 13 Exhibit 8 (Part 2 of 2) # 14 Exhibit 9 (Part 1 of 4) # 15 Exhibit 9 (Part 2 of 4) # 16 Exhibit 9 (Part 3 of 4) # 17 Exhibit 9 (Part 4 of 4) # 18 Exhibit 10 # 19 Exhibit 11 (Part 1 of 3) # 20 Exhibit 11 (Part 2 of 3) # 21 Exhibit 11 (Part 3 of 3) # 22 Exhibit 12 # 23Exhibit 13) (Blanks, Daniel) (Entered: 08/16/2017)
63 8/16/2017 Proposed Exhibits ranging from 1 to 13. 14 documents attached filed on behalf of RMS Titanic, Inc.. Plaintiff's Exhibits. (ADIclerk) (Entered: 08/16/2017)
62 7/31/2017 Statement of the Official Committee of Equity Security Holders of Premier Exhibitions, Inc., in Support of Plaintiff, RMS Titanic, Inc.'s Amended Motion for Default Judgment Against Defendant French Republic a/k/a Republic of France Filed by Jacob A. Brown on behalf of Intervenor Official Committee of Equity Security Holders of Premier Exhibitions, Inc. (related document(s)46). (Brown, Jacob) (Entered: 07/31/2017)
61 7/25/2017 Supplemental Memorandum in Support of Plaintiff's Motion for Default Judgment Against Defendant French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)46). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5) (Blanks, Daniel) (Entered: 07/25/2017)
60 7/10/2017 Certificate of Service Re: Order Scheduling Final Evidentiary Hearing Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)59). (Blanks, Daniel) (Entered: 07/10/2017)
59 7/7/2017 Order Scheduling Trial on Plaintiff's Amended Motion for Entry of Clerk's Default and Amended Motion for Default Judgment against Defendant (related document(s)58, 46). Hearing scheduled for 8/17/2017 at 09:45 AM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. Service Instructions: Daniel Blanks is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Cathy P.) (Entered: 07/07/2017)
58 6/22/2017 Hearing Proceeding Memo: Hearing Held - APPEARANCES:PRETRIAL RULING: FILE AFFIDAVITS WITH APPROPRIATE TIME TO RESPOND. SET FOR TRIAL (1HR) O/BLANKS Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 06/22/2017)
57 4/27/2017 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 54)). Notice Date 04/27/2017. (Admin.) (Entered: 04/28/2017)
56 4/27/2017 BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 52)). Notice Date 04/27/2017. (Admin.) (Entered: 04/28/2017)
55 4/27/2017 BNC Certificate of Mailing - Notice to Creditors and Parties in Interest (related document(s) (Related Doc # 53)). Notice Date 04/27/2017. (Admin.) (Entered: 04/28/2017)
54 4/25/2017 Service of Previously Entered Order/Notice via Bankruptcy Noticing Center. Title of Previously Entered Document: Order on Plaintiff RMS Titanic, Inc.'s Amended Motion Entered on the Docket April 25, 2017 (related document(s)52). (Cathy P.) (Entered: 04/25/2017)
53 4/25/2017 Clerk's Entry of Default Against French Republic, a/k/a Republic of France Service Instructions: Clerks Office to Serve (related document(s)52). (Cathy P.) (Entered: 04/25/2017)
52 4/25/2017 Order on Plaintiff RMS Titanic, Inc.'s Amended Motion for Entry of Clerk's Default and Amended Motion for Default Judgment against Defendant French Republic, a/k/a Republic of France: The Amended Motion for Entry of Clerk's Default is granted, and the Amended Motion for Default Judgment shall be scheduled for an evidentiary hearing by separate Order. A Pretrial Hearing is Scheduled for 6/22/17 at 1:30 pm (related document(s)45, 46). Hearing scheduled for 6/22/2017 at 01:30 PM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. Service Instructions: Clerks Office to serve. (Cathy P.) (Entered: 04/25/2017)
51 3/30/2017 Hearing Proceeding Memo: Hearing Held - APPEARANCES:1-Amended Motion for Entry of Default against French Republic a/k/a Republic of France Doc #45 2-Amended Motion for Default Judgment Doc #46 RULING: U/A Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 03/30/2017)
50 3/24/2017 Notice of Filing Declaration of David P. Stewart in Support of Plaintiff's Memorandum of Law in Support of Its (i) Motion for Clerk's Default Against Defendant and (ii) Motion for Default Judgment Against Defendant Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)49). (Attachments: # 1 Declaration of David P. Stewart)(Blanks, Daniel) (Entered: 03/24/2017)
49 3/24/2017 Memorandum of Law in Support of Its (i) Motion for Clerk's Default Against Defendant French Republic, a/k/a Republic of France, and (ii) Motion for Default Judgment Against Defendant French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc.. (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4Exhibit 4 # 5 Exhibit 5) (Blanks, Daniel) (Entered: 03/24/2017)
48 3/9/2017 Notice of Hearing Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)45, 46). Hearing scheduled for 3/30/2017 at 10:00 AM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. (Blanks, Daniel) (Entered: 03/09/2017)
47 2/28/2017 Notice of Appearance and Request for Notice as Additional Counsel Filed by Jeffery W Cavender on behalf of Plaintiff RMS Titanic, Inc.. (Cavender, Jeffery) (Entered: 02/28/2017)
46 2/16/2017 Amended Motion for Default Judgment Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)11). (Attachments: # 1 Exhibit A (1 of 3) # 2Exhibit A (2 of 3) # 3 Exhibit A (3 of 3)) (Blanks, Daniel) (Entered: 02/16/2017)
45 2/16/2017 Amended Motion for Entry of Default against French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)10). (Attachments: # 1 Exhibit A (1 of 3) # 2 Exhibit A (2 of 3) # 3Exhibit A (3 of 3)) (Blanks, Daniel) (Entered: 02/16/2017)
44 2/9/2017 Service Executed of Summons, Complaint, on French RepublicFiled by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)1). (Attachments: # 1 Proof of Service (2 of 3) # 2 Proof of Service (3 of 3)) (Blanks, Daniel) (Entered: 02/15/2017)
43 2/9/2017 Certificate of Service Re: Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)42). (Blanks, Daniel) (Entered: 02/09/2017)
42 2/9/2017 Order Granting Motion To Appear pro hac vice of Brian A. Wainger for RMS Titanic, Inc.. Upon completion of the required registration form, a temporary login and password will be issued. Filing privileges are limited to this case and any related adversary proceedings. The attorney is directed to file a statement notifying the Clerk when Attorneys involvement in this case is concluded (Related Doc # 41). Service Instructions: Daniel Blanks is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Cathy P.) (Entered: 02/09/2017)
41 2/08/2017 Ex Parte Motion of Brian A. Wainger to Appear pro hac viceFiled by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc.. (Blanks, Daniel) (Entered: 02/08/2017)
40 2/3/2017 Notice of Appearance and Request for Notice Filed by Jacob A. Brown on behalf of Intervenor Official Committee of Equity Security Holders of Premier Exhibitions, Inc.. (Brown, Jacob) (Entered: 02/03/2017)
39 2/3/2017 Notice of Appearance and Request for Notice Filed by Peter J Gurfein on behalf of Intervenor Official Committee of Equity Security Holders of Premier Exhibitions, Inc.. (Gurfein, Peter) (Entered: 02/03/2017)
38 1/25/2017 Certificate of Service Re: Order Granting Plaintiffs Unopposed Motion to Continue January 23, 2017 Hearing. Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)37). (Blanks, Daniel) (Entered: 01/25/2017)
37 1/25/2017 Order Granting Motion To Reschedule Hearing on (i) Motion for Entry of Default by Clerk Against Defendant and (ii) Motion for Default Judgment Against Defendant (Related Doc # 35). Hearing scheduled for 3/30/2017 at 10:00 AM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. Service Instructions: Daniel Blanks is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Cathy P.) (Entered: 01/25/2017)
36 1/23/2017 Hearing Proceeding Memo: Hearing Held - APPEARANCES:Motion for Entry of Default against French Republic a/k/a Republic of France Doc #10 Motion for Final Judgment of Default Against Defendant French Republic a/k/a Republic of France Doc #11 RULING: CONTINUED. O/BLANKSProposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 01/24/2017)
35 1/20/2017 Motion to Reschedule Hearing On Plaintiff's (i) Motion for Entry of Default by Clerk Against Defendant French Republic a/k/a Republic of France and (ii) Motion for Default Judgment Against Defendant French Republic a/k/a Republic of FranceFiled by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)24). (Blanks, Daniel) (Entered: 01/20/2017)
34 1/20/2017 Notice of Filing Correspondence via mail as to Status of Service of Process and Sell of "French Collection" Artifacts raised from the Titanic Filed by Interested Party Justice Attache of the Embassy of France to the U.S. and Magistrat de Liaison aux Etats-Unis of the Republic of France. (Cathy P.) (Entered: 01/20/2017)
33 1/19/2017 Notice of Filing Correspondence via mail as to Sell of "French Collection" Artifacts raised from the Titanic Filed by Interested Party Joint Nautical Archaeology Policy Committee (JNAPC). (Cathy P.) (Entered: 01/20/2017)
32 1/19/2017 Notice of Filing Correspondence via mail as to Sell of "French Collection" Artifacts raised from the Titanic Filed by Interested Party International Congress of Maritime Museums (ICMM) and Mystic Seaport Museum, Inc.. (Cathy P.) (Entered: 01/20/2017)
31 1/4/2017 Notice of Filing Correspondence via mail as to Sell of "French Collection" Artifacts raised from the Titanic Filed by Interested Party International Committee on the Underwater Cultural Heritage (ICOMOS-ICUCH). (Cathy P.) (Entered: 01/20/2017)
29 12/27/2016 Proof of Service of Order Granting Motion of the Official Committee of Equity Security Holders of Premier Exhibitions, Inc., to Intervene (Adv. Doc. 28). Filed by Jacob A. Brown on behalf of Intervenor Official Committee of Equity Security Holders of Premier Exhibitions, Inc. (related document(s)28). (Brown, Jacob) (Entered: 12/27/2016)
28 12/23/2016 Order Granting Motion To Intervene (Related Doc # 19). Service Instructions: Jacob Brown is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Margaret) (Entered: 12/23/2016)
27 12/16/2016 Withdrawal of Objection to the Official Committee of Equity Security Holders of Premier Exhibitions, Inc.'s Motion to Intervene as a Party Plaintiff Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)21). (Attachments: # 1 Exhibit A) (Blanks, Daniel) (Entered: 12/16/2016)
26 12/16/2016 Withdrawal of the Official Committee of Unsecured Creditors' Objection to Equity Committees Motion to Intervene Filed by Richard R Thames on behalf of Creditor Committee Official Committee of Unsecured Creditors (related document(s)20). (Thames, Richard) (Entered: 12/16/2016)
25 12/16/2016 Certificate of Service Re: Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)24). (Blanks, Daniel) (Entered: 12/16/2016)
30 12/13/2016 Notice of Filing Correspondence via mail as to Sell of "French Collection" Artifacts raised from the Titanic Filed by Interested Party Culture Sector, Cultural Heritage Protection Treaties Section. (Cathy P.) (Entered: 01/20/2017)
24 12/13/2016 Order Granting Motion To Reschedule Hearing on Plaintiff's Motion for Entry of Default (Related Doc # 23). Hearing scheduled for 1/23/2017 at 01:30 PM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. Service Instructions: Daniel Blanks is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Cathy P.) (Entered: 12/13/2016)
23 12/8/2016 Motion to Reschedule Hearing On Plaintiff's Motion for Entry of Default by Clerk and Motion for Default Judgment Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)16). (Blanks, Daniel) (Entered: 12/08/2016)
22 12/7/2016 Notice of Preliminary Hearing Filed by Jacob A. Brown on behalf of Intervenor Official Committee of Equity Security Holders of Premier Exhibitions, Inc. (related document(s)19). Hearing scheduled for 1/23/2017 at 01:30 PM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. (Brown, Jacob) (Entered: 12/07/2016)
21 12/5/2016 Objection to the Motion of the Official Committee of Equity Security Holders of Premier Exhibitions, Inc. to Intervene as a Party Plaintiff Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)19). (Blanks, Daniel) (Entered: 12/05/2016)
20 12/2/2016 Objection to Equity Committee's Motion to Intervene Filed by Richard R Thames on behalf of Creditor Committee Official Committee of Unsecured Creditors (related document(s)19). (Thames, Richard) (Entered: 12/02/2016)
19 11/21/2016 Motion to Intervene as a Party Plaintiff Contains negative notice. Filed by Jacob A. Brown on behalf of Intervenor Official Committee of Equity Security Holders of Premier Exhibitions, Inc.. (Brown, Jacob) (Entered: 11/21/2016)
18 11/17/2016 BNC Certificate of Mailing - Notice of Hearing (related document(s) (Related Doc # 16)). Notice Date 11/17/2016. (Admin.) (Entered: 11/18/2016)
17 11/15/2016 Certificate of Service Re: Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)16). (Blanks, Daniel) (Entered: 11/15/2016)
16 11/15/2016 Notice Rescheduling Hearing Motion for Final Judgment of Default Against Defendant French Republic a/k/a Republic of France; Motion for Entry of Default against French Republic a/k/a Republic of France (related document(s)10, 11). Hearing scheduled for 1/5/2017 at 02:30 PM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. (Barry C.) (Entered: 11/15/2016)
15 11/14/2016 Certificate of Service Re: Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)14, 10, 11, 13, 12). (Blanks, Daniel) (Entered: 11/14/2016)
14 11/9/2016 Notice of Hearing Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)11). Hearing scheduled for 1/4/2017 at 10:30 AM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. (Blanks, Daniel) (Entered: 11/09/2016)
13 11/9/2016 Notice of Hearing Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)10). Hearing scheduled for 1/4/2017 at 10:30 AM at Jacksonville, FL - 300 North Hogan St., 4th Floor - Courtroom 4A. (Blanks, Daniel) (Entered: 11/09/2016)
12 11/8/2016 Notice of Filing Affidavit in Support of Motion for Default Judgment Against Defendant French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)11). (Attachments: # 1Affidavit)(Blanks, Daniel) (Entered: 11/08/2016)
11 11/4/2016 Motion for Final Judgment of Default Against Defendant French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc.. (Attachments: # 1 Exhibit A) (Blanks, Daniel) (Entered: 11/04/2016)
10 11/4/2016 Motion for Entry of Default against French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc.. (Attachments: # 1 Exhibit A # 2Proposed Default) (Blanks, Daniel) (Entered: 11/04/2016)
9 10/6/2016 BNC Certificate of Mailing - Order (related document(s) (Related Doc # 8)). Notice Date 10/06/2016. (Admin.) (Entered: 10/07/2016)
8 10/4/2016 DUPLICATE of Doc. # 7 . NO ACTION WILL BE TAKEN BY THE COURT ON THIS DOCUMENT. Order Abating Motion for Entry of Default (Related Doc # 5). Service Instructions: Clerks Office to serve. (Cathy P.) Modified on 10/05/2016 (Cathy P.) (Entered: 10/04/2016)
7 10/4/2016 Order Abating Motion for Entry of Default (Related Doc # 5). Service Instructions: Clerks Office to serve. (Cathy P.) Additional attachment(s) added on 10/5/2016 (Cathy P.). (Entered: 10/04/2016)
6 10/3/2016 Certificate of Service Re: Service of Adversary Complaint on the Justice Attache of the French Embassy, Wash., DC Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)1). (Blanks, Daniel) (Entered: 10/03/2016)
5 9/29/2016 Motion for Entry of Default against French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc.. (Attachments: # 1 Exhibit) (Blanks, Daniel) (Entered: 09/29/2016)
4 9/21/2016 Service Executed of Summons, Complaint, on French Republic a/k/a Republic of France Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)1). (Blanks, Daniel) (Entered: 09/21/2016)
3 8/18/2016 Summons issued along with Local Rule 7001-1 - Adversary Proceedings - Procedures. Answer Due 09/19/2016. If one or more defendants are the United States or an officer or agency thereof, add an additional five days to the Answer Due date. A copy of this summons must be included when filing proof of service of this summons. (ADIclerk) (Entered: 08/18/2016)
2 8/17/2016 Notice of Filing Proposed Summons to be Issued by the Clerk of Court Filed by Daniel F Blanks on behalf of Plaintiff RMS Titanic, Inc. (related document(s)1). (Attachments: # 1Summons)(Blanks, Daniel) (Entered: 08/17/2016)
1 8/17/2016 Complaint by RMS Titanic, Inc. against French Republic a/k/a Republic of France. Filing Fee Not Required. Nature of Suit: [91 (Declaratory judgment)]. (Attachments: # 1 Exhibit A # 2Exhibit B # 3 Exhibit C # 4 Exhibit D) (Blanks, Daniel) (Entered: 08/17/2016)
Hearing Recordings
DATE HEARING DESCRIPTION AUDIO FILES
8/1/2016 341(a) Meeting of Creditors (click debtor name to download MP3 file)
Arts and Exhibitions, LLC
Dinosaurs Unearthed Corp.
Premier Exhibitions NYC, Inc.
Premier Exhibitions Inc.
Premier Exhibitions International, LLC
Premier Exhibitions Management, LLC
Premier Merchandising, LLC
RMS Titanic, Inc.
10/25/2016 341(a) Meeting of Creditors Meeting of Creditors
1/9/2017 Hearing on Debtors’ Motion to Extend Exclusivity

Part 1 - Part 2 - Part 3 - Part 4 - Part 5 - Part 6 - Part 7 - Part 8 - Part 9 - Part 10 - Part 11 - Part 12 - Part 13 - Part 14 - Part 15 - Part 16 - Part 17 - Part 18 - Part 19 - Part 20 - Part 21 - Part 22

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3/30/2017 Hearing on Premier Exhibition's Motion for Entry of Default Judgement

On March 30, 2017, the Bankruptcy Court heard argument on Premier Exhibition’s motion for entry of default judgment against the Republic of France in RMST v France, Adv. Pro. No. 3:16-ap-00183-PMG.  At issue in the adversary proceeding is whether France or any French government agency had any interest in the approximately 2,100 artifacts recovered by the Debtors from the Titanic wreck site in 1987 (the “French Artifacts”).  The Debtors presented evidence that they had served the complaint upon the Republic of France and that France has not timely responded to the complaint.  At the conclusion of the hearing Bankruptcy Judge Glenn stated that he would issue a ruling promptly.  No ruling has been issued yet.  We will update this site when an order is entered.  Attached are audio files of the hearing.

Part 1 - Part 2 - Part 3 - Part 4 - Part 5 - Part 6 - Part 7 - Part 8 - Part 9

Playing these files requires an FTR Audio Player; CLICK HERE to download. For the Record (FTR) assists courts around the world to capture, distribute and maintain court recordings and transcripts. JND Corporate Restructuring does not maintain or support the FTR Audio Player or its proprietary audio files.

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