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Published on 1/6/2012 in the Prospect News Distressed Debt Daily.

Dodgers ask court to adjourn Jan. 25 hearing on Fox dismissal motion

By Jim Witters

Wilmington, Del., Jan. 6 - Los Angeles Dodgers LLC asked the court to adjourn the Jan. 25 hearing on Fox Sports Net West 2, LLC's motion to dismiss the Chapter 11 case, according to documents filed Friday with the U.S. Bankruptcy Court for the District of Delaware.

"This motion is necessary because Fox has refused to participate in good faith in the discovery process, including deliberately withholding documents in violation of the court's Dec. 22 scheduling order and also failing to provide debtors with access to Fox witnesses for deposition until immediately before the hearing," the documents state.

As previously reported, Fox, doing business as Prime Ticket, is seeking dismissal of the Dodgers' bankruptcy case, claiming lack of good faith on the part of the debtors.

The Dodgers lawyers say they need "active assistance" from Blackstone Advisory Partners LP to answer "core issues in Fox's motion to dismiss (that) pertain to financial distress of the debtors." Blackstone is the Dodgers' financial adviser.

Fox will produce only certain "highly confidential" documents if the debtors agree to a third tier of confidentiality that would "preclude anyone at Blackstone associated with negotiations concerning the Dodgers or telecast rights from reviewing the documents and additionally require the debtors to provide Fox with a veto right as to who else at Blackstone can review these documents," according to the court filing.

The Dodgers claim Fox's actions are "highly prejudicial to the debtors."

The Dodgers are seeking an adjournment to Feb. 22.

The Dodgers also are asking the court to compel Fox by Jan. 31 to produce all the withheld responsive documents and making the three Fox witnesses available for deposition.

No hearing on the Dodgers' motion has been scheduled.

Major League Baseball team Los Angeles Dodgers filed for bankruptcy on June 27, 2011. Its Chapter 11 case number is 11-12010.


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