n« 1153860121005000000000013 1 gordon silver gerald … · court of california, county of san luis...

GORDON SILVERGERALD M. GORDON, ESQ., Nevada Bar No. 229E-mail: [email protected] M. NOALL, ESQ., Nevada Bar No. 3549E-mail: [email protected] H. FELL, ESQ., Nevada Bar No. 3717E-mail: [email protected] D. HOMEYER, ESQ., Nevada Bar No. 12402E-mail: [email protected] Howard Hughes Pkwy., 9th FloorLas Vegas, Nevada 89169Telephone (702) 796-5555Facsimile (702) 369-2666

and

DLA PIPER (US) LLPGREGG M. GALARDI, ESQ., New York Bar No. 4535506E-mail: [email protected](admitted pro hac vice)1251 Avenue of the AmericasNew York, New York 10020Telephone (212) 335-4640Facsimile (212) 884-8540

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13Attorneys for Debtor

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UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF NEVADA

In re: Case No.: 11-53860-BTBChapter 11

AHERN RENTALS, INC.

Debtor. Date: October 9, 2012Time: 2:00 p.m.Place: Clifton Young Federal Bldg.

300 S. Booth StreetReno, Nevada 89509

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22DECLARATION OF THOMAS H. FELL, ESQ. IN SUPPORT OF DEBTOR'S REPLY

TO THE OPPOSITIONS TO DEBTOR'S SECOND OMNIBUS OBJECTION TOPERSONAL INJURY CLAIMS FILED BY THE OFFICIAL COMMITTEE OF

UNSECURED CREDITORS AND CREDITOR RAMIRO TINOCO

I, Thomas H. Fell, Esq., hereby declare as follows:

1. I am over the age of 18 and am mentally competent. I have personal knowledge

of the facts in this matter and if called upon to testify, could and would do so. I make this

declaration in support of the Debtor's Reply to the Oppositions to Debtor's Second Omnibus

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104500-002/1680025

Gordon SilverAttorneys At Law

Ninth Floor3960 Howard Hughes PkwyLas Vegas, Nevada 89169

(702) 796-5555

Case 11-53860-btb Doc 1162 Entered 10/05/12 18:09:57 of 3

¨1¤/F\,*% -N«

1153860121005000000000013

Docket #1162 Date Filed: 10/5/2012

Objection to Personal Injury Claims Filed by the Official Committee Of Unsecured Creditors

and Creditor Ramiro Tinoco (the "Reply").

2. I am a shareholder with the law firm of Gordon Silver ("GS"). GS maintains

offices at 3960 Howard Hughes Parkway, Ninth Floor, Las Vegas, Nevada 89169. I am admitted

to practice law before this Court and am a member in good standing of the Nevada State Bar.

GS represents Debtor in the above-captioned bankruptcy case (the "Chapter 11 Case").

3. Except as otherwise indicated, all facts set forth in this declaration are based upon

my personal knowledge of Debtor's business and legal affairs, information learned from my

review of relevant documents, and information supplied to me by other members of Debtor's

management, Debtor's various business and legal advisors, and other parties in interest to the

Chapter 11 Case. If called upon to testify as to the content of this declaration, I could and would

do so.

4. On or about July 17, 2012, Claimant Ramiro Tinoco, by and through his counsel,

Guy W. Murray, Esq., filed a complaint (the "Tinoco Complaint") against Debtor in the Superior

Court of California, County of San Luis Obispo, case number CV 120419. A true and correct

copy of the Tinoco Complaint is attached hereto as Exhibit "1."

5. On or about July 18, 2012, my office sent to Mr. Murray a letter notifying him

that the filing of the Tinoco Complaint against Debtor violated the automatic stay imposed by

Section 362 of the Bankruptcy Code and was thus void as a matter of law. Enclosed with the

letter was a copy of Debtor's Notice of Chapter 11 Bankruptcy Cases, Meeting of Creditors, and

Deadlines [ECF No. 40] (the "Notice of Bankruptcy"). A true and correct copy of this

correspondence including the enclosed Notice of Bankruptcy is attached hereto as Exhibit "2."

6. On or about August 10, 2012, Claimants Bob and Judy Spaugh, by and through

their counsel, Lester W. Vance, Esq., filed a complaint (the "Spaugh Complaint") against Debtor

in the 199th Judicial District Court, Collin County, Texas, case number 199029692012. A true

and correct copy of the Spaugh Complaint is attached hereto as Exhibit "3."

7. On or about September 7, 2012, my office sent to Mr. Vance a letter notifying

him that the filing of the Spaugh Complaint against Debtor violated the automatic stay imposed

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Gordon SilverAttorneys At Law

Ninth Floor3960 Howard Hughes PkwyLas Vegas, Nevada 89169

(702) 796-5555

2104500-002/1680025


DATED this day of October, 2012.

THOMAS H. FELL, ESQ.

by Section 362 of the Bankruptcy Code and was thus void as a matter of law. Enclosed with the

letter was a copy of Notice of Bankruptcy. A true and correct copy of this correspondence

including the enclosed Notice of Bankruptcy is attached hereto as Exhibit "4."

I declare under penalty of perjury of the laws of the United States that these facts are true

to the best of my knowledge and belief.

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3Gordon Silver

Attorneys At LawNinth Floor

3960 Howard Hughes PkwyLas Vegas, Nevada 89169

(702) 796-5555

104500-002/1680025


EXHIBIT1

EXHIBIT1

Case 11-53860-btb Doc 1162-1 Entered 10/05/12 18:09:57 Page 1 of 35

SUM-100SUMMOdS(CITACION JUDICIAL)

NOTICE TO DEFENDANT: Ahern Equipment Rentals, Santa(AVISO AL DEMANDADO):Maria Equipment Rental, and does1 through 50, inclusive

YOU ARE BEING SUED BY PLAINTIFF: Ramiro Tinoco(LO ESTA DEMANDANDO EL DEMANDANTE):

FOR COURT USE ONLY(SOLO PARA USO DE LA CORTE)

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the informationbelow.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copyserved on the plaintiff. A letter or phone call will net protect you. Your written response must be in proper legal form if you want the court to hear yourcase. There may be a court form that you can use for your response. You can find these court forms and more Information at the California CourtsOnline Setf-Help Center (www.courtinfo.ca.gevisa►thgo), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, askthe court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and properlymay be taken without further warning from the court,

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorneyreferral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locatethese nonprofit groups at the Cafifomla Legal Services Web site (wwwlawheticalifornaorg), the California Courts Online Self-Help Center(www.couninfo.cagoviselfhep), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees andcosts on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.tAV1S01 Lo han demandado. Si no respond° denim de 30 dies, la carte puede decidir en su contra sin escuchar su version. Lea la información acontinuacien

Tiene 30 DIAS DE CALENDARIO despues de que fe entreguen esta citacibn y papelos legates pars presenter una respuesta por escrito en estacarte y hater que se &tit-ague una cope& al demandante. Una carte o una lambda tssefOnIca no to protegen. Su respuesta par °scree bone quo esteren format° legal correcto si dessa quo pmcesen su caso en la code. Es posit% que haya un formulas qua usted puede user pare su respuesta.Puede encontrar estas formalarros de/a carte y mas informactrin en el Centro de Ayuda de las Cortes de California (vwrw.sucorte.cagov), en labiblioteca de leyes de su condado a en la cone que is quede mhs cerca. Si n° puede pager la mote de presentacibn, pida at secreted° de la carteque le d8 un for-malaria de axe/704n de page de cuotas. SI no presents su respuesta a tiempo, puede perder el caso par incumplimiento y la mite lepadre guitar su sue/do, dinero y bienes sin mss advertencie.

Hay otros requisites legates. Es recomendable qua !lame a an abogado inmediatamente. Si no conoce a un abogado, puede /lamer a un servicio deremisidn a abogados. Si no puede pager a un abogado, es posible que cumpia con los requisitos pare obtener servicies legates gratultos de anprograma de servklos legates sin fines de !um. Puede encontrar estos gropes sin fines de luau en el silly web de California Legal Services,(www.lawhelpcalifomla.orW, en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) a poniandose en contact() con la cone o alcaegia de abogados locales. AV1SO: Por ley, la carte liana damcho a reamer las cuotas y los costos exentos par inponer un gravamen sabrecualquier recuperacitin de $10,000 0 mils de valor recibicia mediante un acuerdo o una concesibn de arbffrale en an caso de derecho cid. Ilene quapager el gravamen de la corte antes de ue la code puede desechar el caso.

e name an ► a ress 4 e coo CASE NUMBER.(El nombre y direcclOn de la come es):Superior Ct., County of San Luis Obispo1035 Palm Street, Room 385County Gov. CenteSan Luis Obispo, CA 93408The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:(El nombre, fa dinacclOn y namero de to/4ton° del abogado del demandante, o del demandante qua no (lane abogado, es):Guy W. Murray, Esq. #128716 (805) 929-7150LAW OFFICES OF GUY W. MURRAY

ATHERLY is/671 W. Tefft Street, Suite 3 P. 0. Bo California 93444 bubAN M 7,p E

DATE: Clerk, by , Deputy(Fecha) .11JL 1 7 201Z (Secretario) (Adjunto)

(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)(Para - prueba de entrega de este citation use el formularlo Proof of Service of Summons, (P05-010)).

NOTICE TO THE PERSON SERVED: You are served1. ;71 as an individual defendant.2. F-1 as the person sued under the fictitious name of (specify):

3. LA on behalf of (specify):

under: L i CCP 416.10 (corporation) 1 CCP 416.60 (minor)17:j CCP 41620 (defunct corporation) CCP 416.70 (conservatee)F -1 CCP 416.40 (association or partnership) Fl CCP 416.90 (authorized person) other (specify):

by personal delive on date):

Paeo1oft

(NOmem del Case):

MAIO

arm Adopted for Mandatory UseJudicial Council of CaliforniaSUM-100 [Say. July 1. 20091

UMMONS ..uriCoda of C I Procedure 55 41220, 465


PLD.P -001ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Safe Ear number, a ).Guy W. Murray, Esq. #128716LAW OFFICES OF GUY W. MURRAY671 W. Tefft Street, Suite 3 P. 0. Box 180671 W. Tefft Street, Suite 3 P. O. Box 180Nipomo, California 93444

TELEPHONE NO (805) 929-7150 FA)( NO, (Optiond):E-MAIL ADDRESS (Optional):

ATTORNEY FOR Mame): Plaintiff

FOR COURT USE ONLY

—

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Luis ObispoSTREET ADDRESS . 1035 Palm Street, Room 385MAILING ADDRESS' County Gov . Cente

ci re AND ziP woe: San Luis Obispo, CA 93408BRANCH NAME:

PLAINTIFF: Ramiro Tinoco

DEFENDANT: Ahern Equipment Rentals, Santa Maria EquipmentRental, and does 1 through 50, inclusive

,. , DOES 1 TO

COMPLAINT—Personal Injury, Property Damage, Wrongful Death[J AMENDED (Number):

Type (check all that apply):--i, MOTOR VEHICLE 50 OTHER (specify): PROD LIABILITYr—j, Property Damage Fl Wrongful Death1-7 Personal Injury Lii Other Damages (specify):

Ju risdiction (check all that apply):CASE NUMBER:

I /

.---,I . 1 ACTION IS A LIMITED CIVIL CASEAmount demanded L does not exceed $10,000

. . , Ji, exceeds $10,000, but does not exceed $25,000____, ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)i_ ,_ i ACTION IS RECLASSIFIED by this amended complaint

I - 71 from limited to unlimitedL j from unlimited to limited

1. Plaintiff (name or names):Ramiro Tinoco

alleges causes of action against defendant (name or names): Ahern Equipment Rental sSanta Maria Equipment Rental

2. This pleading, including attachments and exhibits, consists of the following number of pages: 53. Each plaintiff named above is a competent adult

a. LA except plaintiff (name):(1) HI a corporation qualified to do business In Califomla(2) Ell an unincorporated entity (describe):(3) rl a• public entity (describe):(4) Ft .a minor FT. an adult

(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed(b) _ other (specify):

(5) o• ther (specify):

b. I i except plaintiff (name):(1) F-1 a• corporation qualified to do business in California(2) I I an unincorporated entity (describe):(3) r7-1 a public entity (describe):(4) FT a minor I an adult

(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed(b) L_ j other (specify).'

(5) 1 other (specify):

; Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Pageiof3

Form Approved for Optional UseJudicial Camel! of California

PI.D .P1,001 (Rev. Jenuary1, 2007)COMPLAINT—Personal Injury, Property

Damage, Wrongful Death SoCode of Civil Procedure, 42512


SHORT TITLE: TIN000 VS AHERN CASE NUMBER:

PLD-PI-001

4. 71'1 Plaintiff (name):is doing business under the fictitious name (specify):

and has complied with the fictitious business name laws.5. Each defendant named above is a natural person

a. except defendant (name): AHERN EQUIPMENTRENTALS

c. .1 except defendant (name):

(1) a business organization, form unknown (1) 1---1 a business organization, form unknown(2) [.__I a corporation (2) F-1 a corporation(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):

(4) L ' 1 a public entity (describe): (4) L 1 a public entity (describe):

(5) LL other (specify): (5) L_ other (specify):

b. rk I except defendant (name): SANTA MARIA d. 71 except defendant (name):EQUIPMENT RENTALS

(1) i xi, a business organization, form unknown (1) a business organization, form unknown(2) [7i—i a corporation (2) a corporation(3) 1 —1 an unincorporated entity (describe): (3) L'_:7 an unincorporated entity (describe):

(4) L__11 a public entity (describe): (4) r-ii a public entity (describe):

(5) 11-1_, other (specify): (5) L1 1 other (specify):

Information about additional defendants who are not natural persons is contained in Attachment 5.6. The true names of defendants sued as Does are unknown to plaintiff.

a. I x j Doe defendants (specify Doe numbers): 41 —5 0 were the agents or employees of othernamed defendants and acted within the scope of that agency or employment.

b. x 1 Doe defendants (specify Doe numbers): 1-50 are persons whose capacities are unknown toplaintiff.

7, 1---1 Defendants who are joined under Code of Civil Procedure section 382 are (names):

8. This court Is the proper court becausea.1 at least one defendant now resides in Its jurisdictional area.b. :1 the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.c. Lx injury to person or damage to personal property occurred in Its jurisdictional area.d 1 other (specify):

9. L j Plaintiff is required to comply with a claims statute, anda. Lj has complied with applicable claims statutes, orb. r 1 is excused from complying because (specify):

PLO-P1-001 Pay January t, 2OW1 COMPLAINT—Personal Injury, Property Paola 2 et 3

Damage, Wrongful Death


OR ATTORNEY

COMPLAINT—Pemonal Injury, PropertyDamage, Wrongful Death

Pap 3013

Date: JULY 17, 2012

GUY W. MUltRAY(TYPE OR PRINT NAII1E)

PLO-PI-OM (Rev. JartuarY 1, 20E71

PLD-PI 0SHORT TITLE: TINOCO VS AHERN CASE NUMBER:

10. The following causes of action are attached and the statements acauses of action attached):a.Li Motor Vehicleb.LI-7-1 G• eneral Negligencec. Intentional Tortd.>T] P• roducts Liabilitye. Li Premises LiabilityL Li Other (specify):

e apply to each (each complaint must have one or more

11. Plaintiff has suffereda. (1 wage lossb. = loss of use of propertyc.rx-1 h• ospital and medical expensesd. [&J general damagee. I 1 property damagef. [Xi loss of earning capacityg.L 1 other damage (specify):

12. I 1 The damages claimed for wrongful death and the relationships of plaintiff to the deceased area.I i listed in Attachment 12.b.LT as follows:

13. The relief sought In this complaint is within the jurisdiction of this court.

14. Plaintiff prays for judgment for costs of suit; for such relief as Is fair, just, and equitable; and fora. (1) I compensatory damages

(2) ni p• unitive damagesThe amount of damages is (in cases for personal injury, or wrongful death, you must check (1)):(1)al a• ccording to proof(2) I- in the amount of: $

15. [ I The paragraphs of this complaint alleged on Information and belief are as follows (specify paragraph numbets):


CAUSE OF ACTION—Products Liability Coda of Civil procedure, § 425.12

PLO-PI-001(5)

SHORT TITLE: TINOCO VS AHERN ASC NUMBER

FIRST CAUSE OF ACTION—Products Liability(number)

ATTACHMENT TO r_j Complaint I I Cross-Complaint(Use a separate cause of action form foreach cause of action.)

Plaintiff (name): Ramiro Tinoco

Page 4

Prod. L-1. On or about (date): 07 / 23/10 plaintiff was Injured by the following product:

scissor lift

Prod. L-2. Each of the defendants knew the product would be purchased and used without inspection for defects.The product was defective when it left the control of each defendant. The product at the time of injurywas beingdill used in the manner intended by the defendants.I x 1 used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not

readily apparent. Adequate warnings of the danger were not given.Prod. L-3. Plaintiff was a

E .1 purchaser of the product. ri 1 user of the product. bystander to the use of the product. other (specify):

PLAINTIFFS INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING:Prod. L-4. Lx jCount One—Strict liability of the following defendants who

a. 571 manufactured or assembled the product (names): AHERN EQUIPMENT RENTALS, SANTAMARIA EQUIPMENT RENTALS AND

Does 1 to 10b. designed and manufactured component parts supplied to the manufacturer (names):

rio Does 11 to 2,0 c. sold the product to the public (names):AHERN EQUIPMENT RENTALS, SANTA MARIAEQUIPMENT RENTALS AND

Does 21 to 30Prod. L-5. WI Count Two--Negligence of the following defendants who owed a duty to plaintiff (names):

AHERN EQUIPMENT RENTALS, SANTA MARIA EQUIPMENT RENTALS AND

j Does 31 to4 0Prod. L-6. F-X1 Count Three—Breach of warranty by the following defendants (names): AHERN EQUIPMENT

RENTALS, SANTA MARIA EQUIPMENT RENTALS AND

n Does 41 to 50a. who breached an Implied warrantyb. who breeched an express warranty which was

1 —1 written I I oralProd. L-7. n The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are

L__ listed in Attachment-Prod. L-7 as follows:

Form Approved for Optional UsaJudicial Council of California

FLO-PI-001(5) play, Jemmy 1, 20071


flFus

Form Approved for Optional UaeJudicial Council of California

PLO .P1-001(2) 'Rev. January 1, 20071

Pa loriCOdS of Civil Procedure 425.12

CAUSE OF ACTION—General Negligence So

PLO-131 1(2)

SHORT TITLE: TINOCO VS AHERN CASE NUMBER:

SECOND CAUSE OF ACTION—General Negligence(number)

ATTACHMENT TO I '11 Complaint Li Cross - Complaint

(Use a separate cause of action form for each cause of action.)

GN-1. Plaintiff (name): Ramiro Tinoco

alleges that defendant (name): Ahern Equipment RentalsSanta Maria Equipment Rental and

Page 5

Lk Does 41 to 50

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendantnegligently caused the damage to plaintiffon (date): July 23, 2010at (place): an undisclosed job site in San Luis Obispo

(description of reasons for liability):DEFENDANTS DID RENT, LEASE AND MAKE AVAILABLE TO PLAINTIFF THAT CERTAIN SCISSORLIFT THAT THEY KNEW OR SHOULD HAVE KNOWN WAS IN A STATE OF DISREPAIR AND UNSAFEFOR USE. THAT DESPITE SAID KNOWLEDGE DEFENDANTS DID LEASE AND RENT THE EQUIPMENTAND PLACE IT IN THE STREAM OF COMMERCE


Case Management ConferenceAHERN EQUIPMENT RENTALS

RAM IRO TiNocoPlaintiff(s),

CASENUMM

CV1 2 0 4 1 9

Defenclant(s).

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO

Murray, Guy W.671 West Tefft Street, Suite 3P. 0. Box 180Nipomo CA 93444-0180

NOTICE OF ASSIGNMENT & CASE MANAGEMENT CONFERENCE.

This case is assigned to Hon. Dodie A. Harman for all purposes.Plaintiff must serve the Summons and Complaint, a copy of this Notice, the Standing Case Management Order of thejudge assigned for all purposes and must file proofs of service within 60 days after the complaint is filed.Defendants shall file responsive pleadings within 30 days of service

unless the parties stipulate to an extension of not more than 15 days.IT IS HEREBY ORDERED:1. The parties must appear for a first Case Management Conference on:November 29, 2012 at 9:00 am in Department 8

THE PARTIES OR THEIR ATTORNEYS MUST APPEAR AT THE CASE MANAGEMENT CONFERENCE*"For information about telephone appearances call COURTCALL at (888) 882-6878

2. Each party must file & serve a Case Management Statement at least 15 days , before the conference.3. The person appearing at the first Case Management Conference must be familiar with the case and prepared to discuss

suitability of the case for mediation, binding arbitration, judicial arbitration or some form of alternative dispute resolution.4. Trial will be set within the 11th or 12th month after the filing of the complaint. Counsel must arrange their schedules,

reserve dates with witnesses and schedule trial preparation with this in mind. Continuances will be granted only on a clearshowing of good cause.

5. All law and motion matters will be calendared in the department of the assigned judge and filed with the Clerk's Office.6. Each party should be prepared to show cause why sanctions should not be imposed for a failure to comply with these rules. ***LIMITED JURISDICTION ONLY: unless the parties have entered into arbitration as required by Local Rules 9.00and 26.00. "Entered into arbitration" means the date upon which the administrator mails the arbitration list.encs.3


EXHIBIT2

EXHIBIT2


Kirk Homeyer

From: Jasminn G. HernandezSent: Wednesday, July 18, 2012 4:36 PMTo: '[email protected]'Cc: Kirk HomeyerSubject: Ahern adv. Tinoco: Violation of Automatic StayAttachments: Letter re Tinoco violation of automatic stay. From Homeyer to Murray..pdf

Good afternoon,

Attached please find correspondence (with enclosure) dated July 18, 2012, regarding the complaint of Ramiro Tinoco.Please note that the original will follow via first-class mail.

If you have any questions, please feel free to contact me at your earliest convenience.

Sincerely,

1


GORDON SILVER

July 18, 2012

VIA E-MAIL ANDFIRST-CLASS MAIL

Guy W. Murray, Esq.Law Offices Guy W. Murray671 W. Tefft Street, Suite 3P.O. Box 180Nipomo, CA 93444Email: [email protected]

Re: Ahern Rentals, Inc.Case No. 11-53860-BTB

Dear Mr. Murray:

The law firm of Gordon Silver represents Ahern Rentals, Inc. ("Ahern"). On December22, 2011, Ahern filed a voluntary petition for bankruptcy relief under Chapter 11 of Title 11 ofthe United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for theDistrict of Nevada (the "Bankruptcy Court"), Case No. 11-53860-BTB (the "Bankruptcy Case").Ahern is currently debtor and debtor-in-possession in the Bankruptcy Case. Enclosed herewith isa copy of the Notice of Chapter 11 Bankruptcy Cases, Meeting of Creditors, and Deadlines.

The automatic stay imposed by section 362 of the Bankruptcy Code prohibits "thecommencement or continuation, including the issuance or employment of process, of a judicial,administrative, or other action or proceeding against the debtor that was or could have beencommenced" before the debtor filed for bankruptcy protection. 11 U.S.C. § 362(a)(1). Thecommencement of an action against a debtor during bankruptcy proceedings is a violation of theautomatic stay and void as a matter of law.

I am in receipt of the summons you issued, and complaint you filed, upon Ahern onbehalf of your client, Ramiro Tinoco, on July 17, 2012, in the Superior Court of the State ofCalifornia, County of San Luis Obispo, Case No. CV-120419. As the issuance of the summonsservice of complaint directly violated the automatic stay imposed by Section 362 of theBankruptcy Code, the complaint is void and must be dismissed. Please provide proof thatthe action has been dismissed on or before close of business on July 31, 2012.

3960 HOWARD HUGHES PARKWAY, NINTH FLOOR I LAS VEGAS, NEVADA 89169T: 702.796.5555 I F: 702.369.2666

104500-002/1611101 gordonsilver.com

LAS VEGAS I PHOENIX I WASHINGTON, D.C.


Gordon SilverAttorneys and Counselors at Law

Guy W. Murray, Esq.July 18, 2012Page 2

Should you fail to comply with the foregoing request, I will haveto seek an order to show cause from the Bankruptcy Court why youcontempt for intentionally violating the automatic stay.

Please do not hesitate to contact me if you have any questionsmatter further.

Sincerely,

no other alternative butshould not be held in

or wish to discuss this

ICDH:jghEnclosure

cc: Brian G. Ritz (via e-mail)Sarah J. Fisher (via e-mail)

104500-002/1611101


Case 11-53860-btb Doc 40 Entered 12/23/11 15:52:33 Page 1 of 4

IN THE UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEVADA

In re

AHERN RENTALS, Inc,dba AHERN HEAVY EQUIPMENTdba RHINO'S TURN EQUIPMENTdba SUPER GRIP WEST

Tax I.D. No. 88-0381960

Chapter 11

Case No.: BK-N-11-53860

Debtor. /

NOTICE OF CHAPTER H BANKRUPTCY CASES, MEETING OFCREDITORS, AND DEADLINES

A chapter 11 bankruptcy case was filed concerning the debtor(s) listed above on December 22, 2011.

You may be a creditor of the debtor. This notice lists important deadlines. You may want to consultan attorney to protect your rights. All documents filed in this case may be viewed at the bankruptcyclerk's office at the address listed on this Notice. The dockets and imaged case documents may also beviewed electronically at http ://ecf.nvb.uscourts.qov/ under the case: AHERN RENTALS, Inc., casenumber 11-53860 To register for a PACER login and password, call 1-800-676-6856 or go online athttp://www.pacer.gov.

NOTE: The staff of the bankruptcy clerk's office cannot give legal advice. See additional informationenclosed on the page of this Notice entitled "Explanations."

Attorney for Debtor(s):Thomas H. FellGordon Silver

3960 Howard Hughes Parkway, 9th FloorLas Vegas, NV 89169

Telephone Number: (702) 796-5555

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Meeting of Creditors

DATE: January 30, 2012TIME: 4:00 PM

LOCATION: C. Clifton Young Federal Building and U.S. Courthouse300 Booth Street, Room 3024, Reno, NV 89509

Creditor with a Foreign Address:See additional information enclosed on the page of this Notice entitled "Explanations," under the

paragraph named "Meeting of Creditors."

Deadlines to File a Proof of Claim

For all creditors (except a governmental unit): 90 days after the date first set for the meeting ofcreditors.

For a governmental unit: 180 days after the date of the order for relief.

See additional information on the page of this Notice entitled "Explanations," under the paragraphnamed "Claims." All claims should be mailed to the Claims Agent listed below. If you wish to receivean acknowledgment of the receipt of your claim, you must provide an extra copy of the claim and a self-addressed stamped envelope.

Mail or hand deliver completed Proof of Claim forms to the Claims Agent for Debtor at:

Ahern Claims Processingc/o Kurtzman Carson Consultants LLC

2335 Alaska AveEl Segundo, CA 90245

DO NOT FILE PROOF OF CLAIM FORMS WITH THE COURT.

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Creditors May Not Take Certain Actions:

In most instances, the filing of the bankruptcy case automatically stays certain collection and otheractions against the debtor and the property. Under certain circumstances, the stay may be limited to 30days or not exist at all, although the debtor can request that the court impose a stay. If you attempt tocollect a debtor or take other action in violation of the Bankruptcy Code, you may be penalized. Consulta lawyer to determine your rights in this case.

Address of the Bankruptcy Clerk's Office:

U.S. Bankruptcy Court300 Booth StreetReno, NV 89509


EXPLANATIONS

Filing of Chapter 11

A bankruptcy case under Chapter 11 of the Bankruptcy Code (title 11, United StatesBankruptcy Case Code) has been filed in this court by or against the debtor(s) listed in this Notice, and an

order for relief has been entered. Chapter 11 allows a debtor to reorganize or liquidatepursuant to a plan. A plan is not effective unless confirmed by the court. You may besent a copy of the plan and a disclosure statement telling you about the plan, and youmight have the opportunity to vote on the plan. You will be sent notice of the date of theconfirmation hearing, and you may object to the confirmation of the plan and attend theconfirmation hearing. Unless a trustee is serving, the debtor will remain in possession ofthe debtor's property and may continue to operate any business.

Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer todetermine your rights in this case.

Creditors Generally Prohibited collection actions are listed in Bankruptcy Code § 362. Common examples ofMay Not Take Certain prohibited actions include contacting the debtor by telephone, mail, or otherwise toActions demand repayment; taking actions to collect money or obtain property from the debtor;

repossessing the debtor's property; and starting or continuing lawsuits or foreclosures.Under certain circumstances, the stay may be limited to 30 days or not exist at all,although the debtor can request the court to extend or impose a stay.

Meeting of Creditors A meeting of creditors is scheduled for the date, time, and location listed in this Notice.The debtor's representative must be present at the meeting to be questioned under oathby the trustee and by creditors. Creditors are welcome to attend, but are not required todo so. The meeting may be continued and concluded under a later date specified in anotice filed with the court. The court, after notice and a hearing, may order that the UnitedStates trustee not convene the meeting if the debtor has filed a plan for which the debtorsolicited acceptances before filing the case.

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A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claimform is not included with this Notice, you can obtain one at any bankruptcy clerk's officeor by downloading a Proof of Claim from the court's website at www.nvb.uscourts.gov. You may look at the schedules that have been or will be filed at the bankruptcy clerk'soffice (or view electronically at www.nvb.uscourts.gov and click on PACER). If yourclaim is scheduled and is not listed as disputed, contingent, or unliquidated, it will beallowed in the amount scheduled unless you filed a Proof of Claim or you are sent furthernotice about the claim. Whether or not your claim is scheduled, you are permitted to file aProof of Claim. If your claim is not listed at all, or if your claim is listed as disputed,contingent, or unliquidated, then you must file a Proof of Claim by the "Deadline to File aProof of Claim" found on this Notice or you might not be paid any money on your claimagainst the debtor in the bankruptcy case and may be unable to vote on a plan. A securedcreditor retains rights in its collateral regardless of whether that creditor files a Proof ofClaim. Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcycourt, with consequences a lawyer can explain. For example, a secured creditor who filesa Proof of Claim may surrender important nonmonetary rights, including the right to a jurytrial. Filing Deadline for a Creditor with a Foreign Address: The deadlines for filingclaims set forth in this Notice apply to all creditors. If this Notice has been mailed to acreditor at a foreign address, the creditor may file a motion requesting the court to extendthe deadline.

Claims

Confirmation of chapter 11 plan may result in discharge of debts, which may include all orpart of your debt. See Bankruptcy Code § 1141(d). A discharge means that you maynever try to collect the debt from the debtor, except as provided for in the plan.

Discharge of Debts

Unless otherwise noted, any paper that you file in this bankruptcy case should be filed atthe bankruptcy clerk's office at the address listed in this Notice. You may inspect allpapers filed, including the debtor's property and debts and the list of the property claimedas exempt, at the bankruptcy clerk's office.

Bankruptcy Clerk'sOffice

Creditor with aForeign Address

Consult a lawyer familiar with United States bankruptcy law if you have any questionsregarding your rights in this case.


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EXHIBIT3

EXHIBIT3


CT Corporafon Service of ProcessTransmittal08/29/2012

Cli11`11i11"11iiiiii ii2111111i7111i 211111111111111 11111111111 1TO: Howard Brown

Ahern Rentals1401 Mineral AvenueLas Vegas, NV 89106

RE: Process Served in Texas

FOR: Ahern Rentals, Inc. (Domestic State: NV)

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

TITLE OF ACTION: Bob Spaug and Judy Spaugh, etc., Pltfs. vs. Jon Wheeler and Ahern Rentals, Inc.,Dfts.

DOCUMENT(S) SERVED: Citation, Return, Original Petition

COURT/AGENCY: 199th Judicial District Court, Collin County, TXCase # 199029692012

NATURE OF ACTION: Personal Injury - Vehicle Collision - On or about August 13, 2010

ON WHOM PROCESS WAS SERVED: C T Corporation System, Dallas, TX

DATE AND HOUR OF SERVICE: By Process Server on 08/29/2012 at 12:20

JURISDICTION SERVED : Texas

APPEARANCE OR ANSWER DUE: By 10:00 a.m. on the Monday next following the expiration of 20 days

ATTORNEY(S) I SENDER(S): Lester VanceLester W. Vance, LLC1303 N. Sam Rayburn FreewaySherman, TX 75090903-892.2529

ACTION ITEMS: SOP Papers with Transmittal, via Fed Ex 2 Day , 59968838

SIGNED: C T Corporation SystemPER: Amber CarrouthADDRESS: 350 North St Paul Street

Suite 2900Dallas, TX 75201

TELEPHONE: 214-932-3601

Page 1 of 1 / TH

Information displayed on this transmittal is for CT Corporation'srecord keeping purposes only and is provided to the recipient forquick reference. This Information does not constitute a Legalopinion as to the nature of action, the amount of damages, theanswer date, or any information contained In the documentsthemselves. Recipient Is responsible for interpreting saiddocuments and for taking appropriate action. Signatures oncertified mail receipts confirm receipt of package only, notcontents.


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THE STATE OF TEXAS

CIVIL CITATION

CASE NO.199-02969-2012

Bob Spaugh, and wife Judy Spaugh Vs. Jon Wheeler, In the 199th District Courtand Ahern Rentals, Inc

Of Collin County, Texas

NOTICE TO DEFENDANT: "You have been sued. You may employ an attorney. If you or your attorneydo not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday nextfollowing the expiration of twenty days after you were served this citation and petition, a default judgmentmay be taken against you."

TO: Ahern Rentals Incby serving its registered agent CT Corporation System350 N St Paul Street Suite 2900Dallas TX 75201-4234, Defendant

GREETINGS: You are commanded to appear by filing a written answer to Plaintiff's Original Petition ator before ten o'clock A.M. on the Monday next after the expiration of twenty days after the date of service ofthis citation before the Honorable 199th District Court of Collin County, Texas at the Courthouse of saidCounty in McKinney, Texas.

Said Plaintiff's Petition was filed in said court, by Lester W Vance 1303 North Sam Rayburn FreewaySherman TX 74701 (Attorney for Plaintiff or Plaintiffs), on August 13, 2012, in this case, numbered 199-02969-2012 on the docket of said court.

The natures of Plaintiff's demand is fully shown by a true and correct copy of Plaintiff's Original Petitionaccompanying this citation and made a part hereof

Issued and given under my hand and seal of said Court at McKinney, Texas, on this the 28th day of August,2012.

ATTEST: Andrea Stroh Thompson, District ClerkCollin County, Texas

Collin County Courthouse2100 Bloomdale Road

McKinney, Texas 75071972-548-432 Metro 972-424-1460 ext. 4320

The law prohibits the Judge and the clerks from giving legal advice, soplease do not seek such advice. Any questions you have should bedirected to an attorney.


Fled12 August 10 P4:43Mckes Stroh Thar.'District Clark

i.Collin District Cin,JvviCAUSE NO. IV

§ IN THE Ed DISTRICT COURT

§ OF

§ CO IN COUNTY, TEXAS

BOB SPAUGH, and wifeJUDY SPAUGH

Plaintiffs,

Vs.

JON WHEELER, and AHERN RENTALSINC.,

Defendants.

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, BOB SPAUGH, and wife JUDY SPAUGH, hereinafter referred to as

"Plaintiffs", complaining of, Jon Wheeler, Ahern Rentals Inc., and for cause of action would

respectfully show unto the Court as follows:

1. Discovery is intended to be conducted under Level 3 of TEXAS RULES OF CIVIL

PROCEDURE 190.

A.

PARTIES

2. Plaintiff, Bob Spaugh, and wife, Judy Spaugh are individuals and residents of Denison,

Grayson County, Texas.

3. Defendant, Jon Wheeler (hereafter referred to as "Defendant Wheeler"), is an individual

and a resident of Collin County, Texas, and may be served with process at his place of

employment, Ahern Rentals, Inc., 6301 W. University Drive, McKinney, Collin County,

Texas 75071-7871.

4. Defendant, Ahern Rentals, Inc. (hereafter referred to as "Defendant Ahern Rentals") is a

company incorporated under the laws of the. State of Texas and having its principal place

PLAINTIFFS ORIGINAL PETITION Page 1

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it1fiii

ji


of business in Texas and may be served with process by serving its registered agent, CT

Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas 75201-4234.

B.

JURISDICTION AND VENUE

5. The Court has jurisdiction over Defendant because Defendant Wheeler is a Texas

resident. The Court has jurisdiction over the amount in controversy because the damages

are within the jurisdictional limits of the Court.

6. Venue is comet because all actions made the basis of this lawsuit occurred in Collin

County, Texas.

7. The Court has jurisdiction over Defendant Ahern Rentals because Defendant Ahern

Rentals is doing business in Texas.

8. All conditions precedent to recovery have been performed or have occurred.

C.

BACKGROUND FACTS

9. On or about . August 13, 2010, Plaintiff Bob Spaugh, the driver of a 2010 Toyota Tundra, was

struck by Defendant Wheeler while stopped in the 101 block of W. Virginia Parkway in

McKinney, Coffin County, Texas (the "Collision"). At the time of the accident, Defendant

Wheeler was driving a 2007 Ford truck, owned by Ahem Rentals. A copy of the McKinney

Police Department Event Report is attached hereto as Exhibit "A".

10. Plaintiff incorporates the preceding paragraphs as if restated in full. Plaintiff brings this suit to

recover damages for personal injuries sustained by the Plaintiff in a collision in Collin County,

Texas.

PLAINTIFF'S ORIGINAL. PETITION Page 2


D.

CAUSES OF ACTION AGAINST

11, Plaintiff incorporates the preceding paragraphs as if restated in full. Plaintiff will show

that on the occasion in question, Defendant Wheeler failed to use ordinary care by

various acts and omissions, including the following, each of which, singularly or in

combination with others, was a proximate cause of the occurrence in question:

a. In failing to maintain a proper lookout and attention;b. In failing to timely apply the brakes;c. In failing to stop in observance of traffic conditions;d. In driving said vehicle at a rate of speed which was greater thin that which

an ordinary prudent person would have driven under the same of similarcircumstances;

e. In failing to maintain said vehicle in a proper and safe condition;f. In failing to keep the vehicle under proper control;g. In failing to take proper evasive action; andh. In failing to maintain a proper and safe distance between vehicles.

11 Each of such acts or omissions, singularly or in combination with others, constitute

negligence on the part of Defendant. Wheeler which proximately caused the injuries and

damages which Plaintiff now suffers.

E.

VICARIOUS LIABILITY/RESPONDEAT SUPERIOR

13. All allegations and causes of action above are incorporated into this cause of action by

reference.

14. Based upon information provided by Defendant Wheeler, at the time of the Collision

made the basis of this lawsuit, Defendant Wheeler was an employee of Defendant Ahem

Rentals.

15. Based upon information provided by Defendant Wheeler, at the time of the Collision,

Defendant Wheeler was acting within the course and scope of his employment with

Defendant Ahem Rentals.

PLAINTIFF'S ORIGINAL PETITION Page 3


16. The acts of Defendant Wheeler, an employee, were performed while in the employment

of Defendant Ahem Rentals, to accomplish the objective for which the employee was

hired, and within the course and scope of that employment or within the authority

delegated to the employee.

17. Based upon information provided by Defendant Wheeler, at the time of the Collision

made the basis of this lawsuit, Defendant Ahern Rentals directed the operation of the

truck and/or owned, possessed, controlled and/or benefitted by Defendant Wheeler's

operation of the truck at the time and on the occasion complained of herein,


Defendant Wheeler was acting in and for the benefit of Defendant Ahem Rentals.


Defendant Wheeler was acting at the direction, instruction and authority of Defendant

Ahern Rentals.

20. Defendant Ahern Rentals is vicariously liable for the acts and/or omissions of Defendant

Wheeler for the causes of action above.

21. Defendant Ahern Rentals by either words or conduct, held out Defendant Wheeler as

having the authority to act on the behalf of Defendant Ahem Rentals' behalf.

F.NEGLIGENT HIRING, TRAINING, AND RETENTION


reference. Defendant Ahern Rental, Inc. by either words or conduct, held out Defendant

Wheeler as having the authority to act on the Defendant's behalf.

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PLAINTIFF'S ORIGINALPET7'I`ION Page 4


G.

NEGLIGENT ENTRUSTMENT


reference.

24. At the time and on the occurrence in question, Defendant Ahern Rentals negligently

entrusted their vehicle to a person they knew or should have known did not possess the

adequate skills or reason to operate a vehicle. Said acts and/or omissions, singularly or in

combination with others, constitute negligence, which was the proximate cause of the

occurrence made the basis of this lawsuit and Plaintiffs' injuries and damages.

H.

DAMAGES FOR PLAINTIFF

25. As a direct and proximate result of the occurrence made the basis of this law

Plaintiff, was caused to the following:

A. Reasonable medical care and expenses in the past. These expenses were incurredby Plaintiff for the necessary care and treatment of the injuries resulting from theaccident complained of herein and such charges are reasonable and were usualand customary charges for such services in the county and state in which theywere incurred:

DATES PROVIDER AMOUNT EXHIBIT08123-08/31/2010 Olin Chiropractic $ 850.00 B08/20-10/06/2010 Dr. John Prudich $ 646.0009/16-09/08/2011 Dr. Richard Brown $ 709.4909/01/2011 Up & Open Imaging $ 709.4910/06/2011 Dr. Richard Marks 6,595.00

TOTAL $ 8 85.49

Plaintiff specifies the following damages (B) - (K), but leaves the amount to be awardedas reasonable compensation to the discretion of the jury:

B. Reasonable and necessary medical care and expenses which will in all reasonableprobability be incurred in the future;

PLAINTIFFS ORIGINAL PETTiTION

Page 5


1, the value of the contract of insurance,

2. compensatory damages for pecuniary loss,

3. out of pocket damages,

4. loss of income,

5. mental anguish

6. contract-damages (i.e. consequential and/or incidentaland/or fiduciary), including loss of income over and aboveshort term disability, and loss of health insurance benefits;

Prejudgment and post judgment interest.

d. Court costs;

e. Additional damages including but not limited to treble damages and

exemplary damages and others as outlined above;

f. Such other and further relief, both general and special, at la and in

equity, to which Plaintiff may show himself justly entitled.

Respectfully submitted,

By: Leger VadAce,

Lester W. Vance, LLC

Texas Bar No. 20476250

1303 N. Sam Rayburn Freeway

Sherman, Texas 75090

Tel. (903)892-2529

Fax (903)892-3052

ATTORNEY FOR PLAINTIFF

PLAINTIFF'S ORIGINAL PETITION Page 7


PLAINTIFFS HEREBY DEMAND TRIAL BY JURY

FOR THE COURTS EYES ONLY

PLAINTIFF'S ORIGINAL PETITION

Page 8


EXHIBIT4

EXHIBIT4


GORDON SILVER

Date:

To:

Facsimile No.:

Telephone No.:

From:

File No.:

Subject:

Number of pagesincl. cover page:

Facsimile Transmittal Sheet

September 7, 2012

Lester W. Vance, EsqLester W. Vance, LLC1-903-892-3052

Kirk D. Homeyer, Esq.

104500-002

Ahern Rentals, Inc., Chapter 11 Bankruptcy (Case No.: 11-53860-BTB)

7

Please see attached q Per your request q For your reviewq Please review, sign and return q Please acknowledge receipt q For your information or records

Message: Original will follow via first class mail.

The following pages are confidential communications intended only for the person or persons named above. If you are not that person, or theemployee or agent responsible for the delivery of the following information, you are hereby notified that any dissemination, distribution or copyingof this communication is prohibited. If you have received this communication In error, please immediately notify us by telephone and return theoriginal message to us by mail. We will gladly reimburse your telephone and postage expenses.

104500-00211654725

3960 HowARD HUGHES PARKWAY, NINTH FLOOR I LAS VEGAS, NEVADA 89169T: 702.796.5555 1 F: 702.369.2666

gordonsilver.com

LAS VEGAS I PHOENIX I RENO I WASHINGTON, D.C.


GORDON SILVER

September 7, 2012

VIA FACSIMILE: 903-892-3052AND FIRST-CLASS MAIL

Lester W. Vance, Esq.Lester W. Vance, LLC1303 N. Sam Rayburn FreewaySherman, Texas 75090

Re: Ahern Rentals, Inc.Case No. 11-53860-BTB

Dear Mr. Vance:

The law firm of Gordon Silver represents Ahern Rentals, Inc. ("Ahern"). On December22, 2011, Ahern filed a voluntary petition for bankruptcy relief under Chapter 11 of Title 11 ofthe United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for theDistrict of Nevada (the "Bankruptcy Court"), Case No. 11-53860-BTB (the "Bankruptcy Case").Ahern is currently debtor and debtor-in-possession in the Bankruptcy Case. Enclosed herewith isa copy of the Notice of Chapter 11 Bankruptcy Cases, Meeting of Creditors, and Deadlines.

The automatic stay imposed by section 362 of the Bankruptcy Code prohibits "thecommencement or continuation, including the issuance or employment of process, of a judicial,administrative, or other action or proceeding against the debtor that was or could have beencommenced" before the debtor filed for bankruptcy protection. 11 U.S.C. § 362(a)(1). Thecommencement of an action against a debtor during bankruptcy proceedings is a violation of theautomatic stay and void as a matter of law.

I am in receipt of the petition you filed against Ahern, among others, on behalf of yourclients, Bob and Judy Spaugh, on August 10, 2012, in the 199th District Court of Collin County,Texas, Case No. 199-02969-2012. As the filing of the petition against Ahern directlyviolated the automatic stay imposed by section 362 of the Bankruptcy Code, the complaintwith respect to Ahern is void and must be dismissed. Please provide proof that this actionhas been dismissed or that Ahern has been dismissed on or before close of business onSeptember 14, 2012.

Should you fail to comply with the foregoing request, I will have no other alternative butto seek an order to show cause from the Bankruptcy Court why you should not be held incontempt for intentionally violating the automatic stay.

3960 HOWARD HUGHES PARKWAY, NINTH FLOOR I LAS VEGAS, NEVADA 89169T: 702.796.5555 I F: 702.369.2666

104500-002/1653880 gordonsilver.com

LAS VEGAS I PHOENIX I RENO I WASHINGTON, D.C.


Gordon SilverAttorneys and Counselors at Law

Lester W. Vance, Esq.September 7, 2012Page 2

Please do not hesitate to contact me if you have any questions or wish to discuss thismatter further.

Sincerely,

KDH:jghEnclosure

cc: Thomas H. Fell, Esq. (via e-mail)Brian G. Ritz (via e-mail)Sarah J. Fisher (via e-mail)

104500-002/1653880



IN THE UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEVADA

In reChapter 11

AHERN RENTALS, Inc,

dba AHERN HEAVY EQUIPMENT

Case No.: BK-N-11-53860dba RHINO'S TURN EQUIPMENTdba SUPER GRIP WEST

Tax I.D. No. 88-0381960

Debtor. /

Attorney for Debtor(s):Thomas H. FellGordon Silver

3960 Howard Hughes Parkway, 9th FloorLas Vegas, NV 89169


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NOTICE OF CHAPTER 11 BANKRUPTCY CASES, MEETING OFCREDITORS, AND DEADLINES

A chapter 11 bankruptcy case was filed concerning the debtor(s) listed above on December 22, 2011.

You may be a creditor of the debtor. This notice lists important deadlines. You may want to consultan attorney to protect your rights. All documents filed in this case may be viewed at the bankruptcyclerk's office at the address listed on this Notice. The dockets and imaged case documents may also beviewed electronically at htto://ecf.nvb.uscourts.qov/ under the case: AHERN RENTALS, Inc., casenumber 11-53860 To register for a PACER login and password, call 1-800-676-6856 or go online athttp://wvvw.pacer.gov.

NOTE: The staff of the bankruptcy clerk's office cannot give legal advice. See additional informationenclosed on the page of this Notice entitled "Explanations."



Meeting of Creditors

DATE: January 30, 2012TIME: 4:00 PM

LOCATION: C. Clifton Young Federal Building and U.S. Courthouse300 Booth Street, Room 3024, Reno, NV 89509

Creditor with a Foreign Address:See additional information enclosed on the page of this Notice entitled "Explanations," under the

paragraph named "Meeting of Creditors."

Deadlines to File a Proof of Claim

For all creditors (except a governmental unit): 90 days after the date first set for the meeting ofcreditors.

For a governmental unit: 180 days after the date of the order for relief.

See additional information on the page of this Notice entitled "Explanations," under the paragraphnamed "Claims." All claims should be mailed to the Claims Agent listed below. If you wish to receivean acknowledgment of the receipt of your claim, you must provide an extra copy of the claim and a self-addressed stamped envelope.

Mail or hand deliver completed Proof of Claim forms to the Claims Agent for Debtor at:

Ahern Claims Processingc/o Kurtzman Carson Consultants LLC

2335 Alaska AveEl Segundo, CA 90245

DO NOT FILE PROOF OF CLAIM FORMS WITH THE COURT.

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Creditors May Not Take Certain Actions:

In most instances, the filing of the bankruptcy case automatically stays certain collection and otheractions against the debtor and the property. Under certain circumstances, the stay may be limited to 30days or not exist at all, although the debtor can request that the court impose a stay. If you attempt tocollect a debtor or take other action in violation of the Bankruptcy Code, you may be penalized. Consulta lawyer to determine your rights in this case.

Address of the Bankruptcy Clerk's Office:

U.S. Bankruptcy Court300 Booth StreetReno, NV 89509


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8 EXPLANATIONS

Filing of Chapter 11 A bankruptcy case under Chapter 11 of the Bankruptcy Code (title 11, United StatesBankruptcy Case Code) has been filed in this court by or against the debtor(s) listed in this Notice, and an

order for relief has been entered. Chapter 11 allows a debtor to reorganize or liquidatepursuant to a plan. A plan is not effective unless confirmed by the court. You may besent a copy of the plan and a disclosure statement telling you about the plan, and youmight have the opportunity to vote on the plan. You will be sent notice of the date of theconfirmation hearing, and you may object to the confirmation of the plan and attend theconfirmation hearing. Unless a trustee is serving, the debtor will remain in possession ofthe debtor's property and may continue to operate any business.

Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer todetermine your rights in this case.

Creditors Generally Prohibited collection actions are listed in Bankruptcy Code § 362. Common examples ofMay Not Take Certain prohibited actions include contacting the debtor by telephone, mail, or otherwise toActions demand repayment; taking actions to collect money or obtain property from the debtor;

repossessing the debtor's property; and starting or continuing lawsuits or foreclosures.Under certain circumstances, the stay may be limited to 30 days or not exist at all,although the debtor can request the court to extend or impose a stay.

Meeting of Creditors A meeting of creditors is scheduled for the date, time, and location listed in this Notice.The debtor's representative must be present at the meeting to be questioned under oathby the trustee and by creditors. Creditors are welcome to attend, but are not required todo so. The meeting may be continued and concluded under a later date specified in anotice filed with the court. The court, after notice and a hearing, may order that the UnitedStates trustee not convene the meeting if the debtor has filed a plan for which the debtorsolicited acceptances before filing the case.

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Claims A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claimform is not included with this Notice, you can obtain one at any bankruptcy clerk's officeor by downloading a Proof of Claim from the court's website at www.nvb.uscourts.gov.You may look at the schedules that have been or will be filed at the bankruptcy clerk'soffice (or view electronically at www.nvb.uscourts.gov and click on PACER). If yourclaim is scheduled and is not listed as disputed, contingent, or unliquidated, it will beallowed in the amount scheduled unless you filed a Proof of Claim or you are sent furthernotice about the claim. Whether or not your claim is scheduled, you are permitted to file aProof of Claim. If your claim is not listed at all, or if your claim is listed as disputed,contingent, or unliquidated, then you must file a Proof of Claim by the "Deadline to File aProof of Claim" found on this Notice or you might not be paid any money on your claimagainst the debtor in the bankruptcy case and may be unable to vote on a plan. A securedcreditor retains rights in its collateral regardless of whether that creditor files a Proof ofClaim. Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcycourt, with consequences a lawyer can explain. For example, a secured creditor who filesa Proof of Claim may surrender important nonmonetary rights, including the right to a jurytrial. Filing Deadline for a Creditor with a Foreign Address: The deadlines for filingclaims set forth in this Notice apply to all creditors. If this Notice has been mailed to acreditor at a foreign address, the creditor may file a motion requesting the court to extendthe deadline.

Discharge of Debts Confirmation of chapter 11 plan may result in discharge of debts, which may include all orpart of your debt. See Bankruptcy Code § 1141(d). A discharge means that you maynever try to collect the debt from the debtor, except as provided for in the plan.

Bankruptcy Clerk's Unless otherwise noted, any paper that you file in this bankruptcy case should be filed atOffice the bankruptcy clerk's office at the address listed in this Notice. You may inspect all

papers filed, including the debtor's property and debts and the list of the property claimedas exempt, at the bankruptcy clerk's office.

Creditor with a Consult a lawyer familiar with United States bankruptcy law if you have any questionsForeign Address regarding your rights in this case.

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*********************

*** TX REPORT ***

*********************

TRANSMISSION OK

TX/RX NO

RECIPIENT ADDRESS

DESTINATION ID

ST. TIME

TIME USE

PAGES SENT

RESULT

3935

19038923052

09/07 09:50

03'25

7

OK

09/07/2012 09:53 FAX

RI 001

GORDON g SILVER

Facsimile Transmittal Sheet

Date:

To:

Facsimile No.:

Telephone No.:

Fnrcolm. cover page:

File No.:

Subject:

Number of pagesi

September 7, 2012

Lester W. Vance, EsqLester W. Vance, LLC1-903-892-3052

Kirk D. Homeyer, Esq.

104500-002

Ahern Rentals, Inc., Chapter 11 Bankruptcy (Case No.: 11-53860-BTE)

7

rig Please see attached

q Per your request qI For your reviewq Please review, sign and return q Please acknowledge receipt q For your information or records

Message: Original will follow via first class mail.


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