In The United States Bankruptcy Court For The District of Delaware

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: MERVYN S HOLDINGS, LLC, et al.

, Case No. 08-11586 (KG) Debtors. Jointly Administered Chapter 11

NOTICE OF RECLAMATION DEMAND AND ADMINISTRATIVE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) PLEASE TAKE NOTICE that John Paul Richard, Inc. ( JPR ), by and through its undersigned counsel, hereby files a Notice of Reclamation Demand and Administrative Claim Pursuant to 11 U.S.C. 503(b)(9). On August 13, 2008 JPR made written demand upon Debtors by facsimile, electronic mail and overnight mail for reclamation of $216,908.60 in goods received by Debtors during the forty-five (45) days preceding the filing of Debtors Chapter 11 bankruptcy petition on July 29, 2008 (the Petition Date ). Pursuant to section 503(b)(9) of the Bankruptcy Code, JPR holds a statutory administrative priority claim in the amount of $2,464.02 for the value of goods received by the Debtors during the twenty (20) days preceding the Petition Date. Copies of the invoices /// /// /// /// /// ///

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and bills of lading for the goods received by the Debtors are attached to the accompanying Declaration of Judith Scott as Exhibit 1. Dated: October 3, 2008 By: /s/ Benjamin S. Seigel Benjamin S. Seigel, California State Bar No. 59992 BUCHALTER NEMER 1000 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017-2457 Telephone: (213) 891-0700 Facsimile: (213) 896-0400 Attorneys for Creditor John Paul Richard, Inc.

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CERTIFICATE OF SERVICE I, Benjamin S. Seigel, hereby certify that on October 6 2008, I caused the foregoing NOTICE OF RECLAMATION DEMAND AND ADMINISTRATIVE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) to be served on the parties listed on the Service List, attached hereto, by U.S. Mail.

/s/ Benjamin S. Seigel Benjamin S. Seigel

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SERVICE LIST Counsel for Debtor Christopher M. Samis Richards, Layton & Finger, P.A. 920 N. King Street One Rodney Square Wilmington, DE 19801 U.S. Trustee United States Trustee 844 King Street, Room 2207 Lockbox #35 Wilmington, DE 19899-0035 Counsel for Creditor s Committee Karen B. Skomorucha Ashby & Geddes, P.A. 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Debtor Mervyn's Holdings, LLC 22301 Foothill Boulevard Hayward, CA 95541

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