Hycroft Mining Holding Corp (HYMC)

[Stockminder]

DEBTORS’ OBJECTION TO BRIAN TUTTLE’S MOTION FOR LEAVE TO
AMEND SUBPOENAS AND REQUEST FOR SIGNATURE FROM AN OFFICER
OF THE UNITED STATES BANKRUPTCY COURT
Docket # 911

...2. First, even though the Debtors understand the relief requested in the Subpoena Motion to be purely procedural in nature, and that the entities named or to be named on the subpoenas, as well as the Debtors, retain all rights to move to quash the Tuttle Subpoenas if he effectuates service, Tuttle is not entitled to conduct the discovery he purportedly seeks in the Tuttle Subpoenas. The Tuttle Subpoenas are five unsigned subpoenas that Tuttle filed on May 27, 2015 as an attachment to a notice of service, addressed to the following entities: (i) Computershare Investor Services; (ii) Computershare, Inc. (Providence, RI address); (iii) Computershare, Inc. (Canton, MA address); (iv) Computershare Investor Services Limited; and (v) an “entity not known at this time.”2 See Notice of Production from Non-Party [Docket No. 479-2]. In the Tuttle Subpoenas, Tuttle seeks documents related to trading in the Debtors’ unsecured notes and common stock, and the identity of any equity security holder who has held more than 500,000 shares of the Debtors’ common stock in the past year. Id.

3. The Tuttle Subpoenas appear unrelated to any pending contested matter or adversary proceeding, and Tuttle has not indicated any such pending contested matter or adversary proceeding to which they relate. Instead, Tuttle appears to seek discovery that would only be appropriate if the Court granted Tuttle authority to conduct an examination of nondebtor entities pursuant to Federal Rule of Bankruptcy Procedure 2004 (“Rule 2004”). Tuttle has not filed a motion for authority to conduct a Rule 2004 examination and has never been granted authority to conduct such an examination. Thus, Tuttle’s attempted end-run around Rule 2004 should be cut off now without parties, including the Debtors, being forced to expend money and other resources defending the Tuttle subpoenas....