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1 2 3 4 5 6 7 8 9 10 11 In re 12 TC GLOBAL, INC., 13 Debtor.

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HONORABLE KAREN A. OVERSTREET **HEARING DATE: FRIDAY, OCTOBER 12, 2012 **HEARING TIME: 9:30 A.M. LOCATION: SEATTLE, COURTROOM 7206 **RESPONSES DUE: AT TIME OF HEARING **SUBJECT TO ENTRY OF ORDER SHORTENING TIME FOR HEARING

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON

No. 12-20253 DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER

TC Global, Inc., doing business as Tully’s Coffee ("Debtor"), debtor-in-possession herein, moves the Court for entry of the Case Management Order filed herewith ("Case Management Order"). Within seven (7) business days of its entry, the Case Management Order and a prefilled Request for Special Notice would be served on all parties listed on the official mailing matrix and the Debtor's equity holders. The Debtor commenced this case on October 10, 2012 (the “Petition Date”), has retained control over its assets, and continues to operate its business pursuant to §§ 1107 and 1108 of the Bankruptcy Code. A detailed discussion of the Debtor’s business operations and the events leading to this Chapter 11 are set forth in the Declaration of Scott Pearson in Support of First Day Motions. DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER – Page 1
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There are nearly 6,000 creditors, equity holders, and other parties in interest in this case. Under the circumstances, the cost of copying and mailing even a simple notice to all parties on the mailing matrix will be significant. On the other hand, common experience suggests that only a small percentage of creditors will likely undertake any participatory role in this case. Therefore, mailing each notice in this case to each creditor will not be the best use of the limited estate resources. The Debtor believes it appropriate and in the best interest of the estate to enter a Case Management Order limiting notice of these proceedings to the following: a. b. c. d. e. f. g. the Debtor’s professionals; the Office of the U.S. Trustee; the United States Attorney’s Office; the State of Washington, Bankruptcy and Collections Unit; the top 20 unsecured creditors; all secured parties and known lien holders; counsel for the Unsecured Creditors Committee or, if none has been appointed, the members of the Committee; h. parties affirmatively indicating a desire to receive such notice by the filing of a request for Special Notice; and i. parties against whom relief is being sought in a particular proceeding.

In order to improve the flow of information and access to bankruptcy related documents, the Debtor has set up a toll-free number, (866) 989-3039, and a website at www.omnimgt.com/TullysCoffee, at which parties will have access to up-to-date filed materials, forms (including Request for Special Notice), and basic information regarding the case.

DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER – Page 2
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Within seven (7) business days following the Court's approval of this motion, notice of entry of the Case Management Order and a prefilled copy of a Request for Special Notice would be sent to all parties listed on the official mailing matrix and the Debtor's equity holders, giving all parties in interest an opportunity to easily submit a Request for Special Notice so as to receive all notices in the case thereafter. A copy of the form Request for Special Notice will also be available on the Debtor's website. Accordingly, the Debtor requests entry of the Case Management Order submitted herewith. DATED this 10th day of October, 2012. BUSH STROUT & KORNFELD LLP

By /s/ Arthur A. Shwab Christine M. Tobin-Presser, WSBA #17214 Arthur A. Shwab, WSBA #44250 Attorneys for TC Global, Inc.

DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER – Page 3
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1 2 3 4 5 6 7 8 9 10 In re 11 TC GLOBAL, INC., 12 Debtor. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THIS MATTER came before the Court on the Emergency Motion for Entry of Case Management Order ("Motion") brought by TC Global, Inc., doing business as Tully’s Coffee, ("Debtor") debtor-in-possession herein. The Court has reviewed the files and records herein and finds that cause exists for the requested relief. Now, therefore, it is hereby ORDERED: 1. With respect to all matters which the Bankruptcy Code, the Federal Rules of [PROPOSED] ORDER GRANTING DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER No. 12-20253 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON

Bankruptcy Procedure (“Bankruptcy Rules”), or Local Bankruptcy Rules authorize the Court to designate or limit the parties entitled to notice, notice shall be deemed appropriate under the particular circumstances presented if served only upon the following parties at the addresses indicated on the [PROPOSED] ORDER GRANTING DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER – Page 1
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Debtor's Bankruptcy Schedules, unless notice of a new address is given to the court and the parties entitled to notice herein at least five days prior to service made pursuant to this Order: a. b. c. d. e. f. g. The Debtor’s professionals; The Office of the U.S. Trustee; The United States Attorney’s Office; The State of Washington, Bankruptcy and Collections Unit; The top 20 unsecured creditors; All secured parties and known lien holders; Counsel for the Unsecured Creditors Committee or, if none has been appointed, the members of the Committee; h. Holders of claims or interests who file with the Court and serve a copy on counsel for the Debtor a request for Special Notice; and i. Any party against whom direct relief is sought by motion, application or otherwise, including by way of example and not limitation, the non-debtor party to an executory contract being assumed or rejected and parties asserting interest in property being sold. 2. The entities and individuals listed herein shall comprise the “Special Notice List”

herein. The Debtor or its agent shall maintain the Special Notice List and make such available upon request of any party-in-interest. 3. Unless otherwise required by further order of this Court, any response to a motion

regarding any matter the notice of which is governed by this Order shall (1) comply with Local Bankruptcy Rule 9013, except as otherwise provided herein, and (2) be served on those parties identified in paragraph 1 of this Order. [PROPOSED] ORDER GRANTING DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER – Page 2
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4.

The Court reserves the right to modify the provisions of this Order relating to requests

for special notice on its own motion or on the motion of any party in interest. 5. This Order shall not be construed to limit notices required to be sent to all creditors

under Bankruptcy Rules 2002(a)(1), 2002(a)(4), 2002(a)(5), 2002(b) and 2002(f). 6. Nothing in this Order shall be construed to prejudice the rights of any party-in-interest

to (i) move the Court to further limit or expand notice upon a showing of good cause including, but not limited to, the right to file a motion seeking emergency ex parte consideration, or consideration upon shortened time, or (ii) seek an enlargement or reduction of a time period as provided in Bankruptcy Rule 9006(b)-(c). 7. Within seven (7) business days following the date of this Order, notice of the entry of

this Order, along with a copy of the Order and a prefilled Request for Special Notice, shall be sent to all parties listed on the official mailing matrix and the Debtor's equity holders, giving all parties an opportunity to submit a Request for Special Notice so as to thereafter receive all notices in the case. 8. Notwithstanding any provision to the contrary herein, service via ECF upon counsel of

record for any of the parties identified herein pursuant to applicable rules or orders of this Court shall constitute adequate notice for purposes of this Order.

/ / /End of Order/ / / 18 19 20 21 22 23 24 25 26 [PROPOSED] ORDER GRANTING DEBTOR'S EMERGENCY MOTION FOR ENTRY OF CASE MANAGEMENT ORDER – Page 3
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Presented by: BUSH STROUT & KORNFELD LLP

By /s/ Arthur A. Shwab Christine M. Tobin-Presser, WSBA #17214 Arthur A. Shwab, WSBA #44250 Attorneys for TC Global, Inc.
B USH S TROUT & K ORNFELD
LAW OFFICES

LLP

5000 Two Union Square 601 Union Street Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104

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