Red Lobster Management LLC — Entry #1569: Motion to Reopen Chapter 11 Case

Case 6:24-bk-02486-GER Doc1569 Filed 02/03/26 Page1of8

IN THE UNITED STATES BANKRUPTCY COURT FEB U3 2026
MIDDLE DISTRICT OF FLORIDA

In re: Red Lobster Management LLC, et al.
Case No.: mM O24S le Chapter 11
MOTION TO REOPEN CASE

COMES NOW, Creditor and Movant, Dawn Smith, appearing pro se, and respectfully moves this
Court to reopen the above-captioned bankruptcy case pursuant to 11 U.S.C. § 350(b).

1. Movant holds a personal-injury claim from August 12, 2023 in Southaven, MS.
2. Movant received no notice of bankruptcy proceedings.

3. Movant previously filed Motion for Relief from Stay.

4. Case must be reopened to adjudicate that motion.

WHEREFORE, Movant respectfully requests reopening of this case.
Respectfully submitted,

Dawn Smith
3503 Daggett Road

Memphis, TN/38109
Signature: Mu Lpate: 6/-13 + AOL


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CERTIFICATE OF SERVICE

| hereby certify that a true copy of the foregoing Motion to Reopen Case was served by U.S. Mail
upon Debtor, Debtor's Cpunsel, and Trustee on the date written below.

Signature: OWN ate: DJ*13->Qaane


Case 6:24-bk-02486-GER Doc1569 Filed 02/03/26 Page 3of8

Motion to Fecognize@Claim as Not Discharged
Mo O01. 13: QOD&
Creditor: Dawn Smi

Address: 3503 Daggett Road, Memphis TN 38109
Phone: 901-826-7508
Email: Dawnsmith955@gmail.com

Creditor requests the Court recognize the personal injury claim was not discharged due to lack of notice
and opportunity to file a proof of claim.


Case 6:24-bk-02486-GER Doc1569 Filed 02/03/26 Page4of8

Exhibit A
Although the Debtor scheduled Claimant as a creditor, the docket reflects only ‘ADDRESS ON

FILE,’ while other creditors are listed with full mailing addresses. Claimant never received notice of
the bankruptcy or bar date. Absent constitutionally adequate notice, Claimant's personal injury
claim cannot be discharged:


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Exhibit B

rebtor 5120-02406 Red : 3
obster Monagementt Ue :

Claimed Secured = s(itS«S$'1, 353,66.
Current Values. 7 _ a _ ; ‘ az -

Secired Value . . ; _ 7 ~'$i,353:66 i

“creo Address.

*

corms BRANDON FIELOER ETAL


Case 6:24-bk-02486-GER Doc1569 Filed 02/03/26 Page6of8

;

Claim Number.

TAFE a Meer le, ane a

ed

Se pe wr . _ ee ‘ a 7

Value $0.00),

|) Schedute-#487010210

! Creditor DAWN:SNITH | os
+ Debtor 24-02487 ‘Rea
i’ Lobster Restaurants LLC

B

JNO image ,

? Filed Amounts -

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:
4
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i

Scheduled Unsecured

walanae ee He

os

’: Creditor Address °

“ADDRESS ON'FICE |
SCHEDULED CONTINGENT: UNLIGUIDATED;
SPUTED THE SCHEDULED AMOUNT iS.

: +

Peete ERNE ois ed Mtreter


Case 6:24-bk-02486-GER Doc1569 Filed 02/03/26 Page/7 of8

AFFIDAVIT OF MARILYN L. CLARK

STATE OF TENNESSEE )
)
COUNTY OF SHELBY )

I, Marilyn L. Clark, swear and affirm that | am a resident of Shelby County, Tennessee. |
am an adult, and this affidavit is made upon my oath and upon my personal knowledge.
On August 12, 2023, | was a witness to a fall that occurred at the Red Lobster restaurant in
Southaven, Mississippi.

I was with my co-worker, Dawn Smith, when her fall occurred.

I was leaving the Red Lobster restaurant with Dawn and a few other co-workers. As we
approached the receptionist area to exit the restaurant, | saw Dawn suddenly drop to the
ground!

Another male customer helped Dawn by lifting one of her arms to try to assist her, and I
helped Dawn by lifting her other arm. However, Dawn continued to fall to the ground, and
was not able to get up initially.

Afier Dawn fell, I heard another female Red Lobster employee, who was close-by, state,
“I told them that!” I asked her about her statement. The female employee stated that she
had previously reported to her employer that their bus boys should not transport trays of
food through this area, due to the danger that customers may slip on dropped food from
their trays,

Afler Dawn fell, it appeared that a mushy piece of food was stuck to the bottom of her

shoes,

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Case 6:24-bk-02486-GER Doc1569 Filed 02/03/26 Page 8of8

8. I also saw that a manager took Dawn to the rear of the restaurant and talked with her about
what happened for several minutes. I think this manager filled out a report about Dawn’s
fall.

9. It appeared that Dawn was injured, and it is my understanding that she had to go to the
emergency room for medical attention.

10. It is my opinion that the Red Lobster restaurant is wholly at fault for this injury to Dawn
because they created a dangerous condition by not keeping their floors clean.

11. | Red Lobster should have adequately protected their patrons and customers as a reasonable
person could fall in these conditions, just as Dawn fell.

12. 1 do not think that Dawn did anything to cause her fall or her injury.

13. The above statements are made to the best of my knowledge and belief.

f

FURTHER AFFIANT SAYTH NOT /

MARILY ARK, Affiant

STATE OF Te nZ@ss2é

COUNTY OF & nélloy

On this /4 day of Septem, 2023, before me personally appeared

Marilyn L, Clark, to me known to be the person who executed the foregoing instrument, and

acknowledged that she executed the same as her free act and deed. ye Le

Ep

Notary Public

My Commission Expires: 5[5 / Aba.

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