IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ______________________________ ) In re: ) Chapter 11 ) MERVYNS HOLDINGS, LLC,

) Case No. 08-11586 (KG) et al., ) Debtors. ) ) Jointly Administered ______________________________) MOTION FOR ALLOWANCE OF ADMINISTRATIVE CLAIM Stanford Jones and Vincent OLeary (the Movants), by and though their undersigned counsel, hereby respectfully request that the Court enter an Order allowing an administrative claim in the amount of $13,762.50. follows: BACKGROUND 1. The Movants own certain real property located at the The grounds for this Motion are as

southwest corner of West Hamilton Avenue and Marathon Drive in Campbell, California (the Property) which they leased to the Debtors. In December 2008, after an auction held pursuant to

orders issued by this Court, the Debtors agreed to terminate their Lease with the Movants. That agreement was memorialized in

a Lease Termination Agreement which was attached to, and approved by, an Order entered by this Court on December 18, 2008 (the Order) [Docket No. 1204]. 2. The Lease Termination Agreement which was approved by

this Court specifically provides that the Movants Lease with the
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Debtors will expire on February 1, 2009 and that the Debtors are obligated to pay all rent due under the Lease through this date. Despite these clear terms, the Debtors have not paid Januarys rent. 3. That rent amounts to $13,762.50. The Movants claim is based on a post-petition contract This is an

signed by the Debtors and approved by the Court.

administrative claim under Sections 503(b)(1)A) and 507(a)(2) of the Bankruptcy Code. Furthermore, the Debtors are independently

obligated to pay this claim pursuant to the Courts Order. 4. Accordingly, Movants respectfully request that the

Court allow their claim as an administrative claim and direct the Debtors to pay it. A form of Order is attached.

Dated:

January 9, 2009

STEVENS & LEE, P.C.

/s/ Joseph Grey _____________ Joseph Grey (DE Bar No. 2358) 1105 N. Market Street, 7th Floor Wilmington, Delaware 19801 Phone: (302) 654-5180 Fax: (302) 654-5181 Email: jg@stevenslee.com Counsel for Stanford Jones and Vincent OLeary

2
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ______________________________ ) In re: ) Chapter 11 ) MERVYNS HOLDINGS, LLC, ) Case No. 08-11586 (KG) et al., ) Debtors. ) ) Jointly Administered ______________________________) ORDER This __ day of ___________, 2009, upon the Motion of Stanford Jones and Vincent OLeary (the Movants) for the allowance and payment of an administrative claim (the Motion), and after due consideration of the Motion and any responses thereto, and it appearing that due notice of the Motion was given, IT IS HEREBY ORDERED that, 1. 2. The Motion is GRANTED. The Movants are hereby deemed to have an allowed

administrative expense claim pursuant Sections 503(b)(1)A) and 507(a)(2) of the Bankruptcy Code in the amount of $13,762.50.

Kevin Gross United States Bankruptcy Judge

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CERTIFICATE OF SERVICE I, Joseph Grey, hereby certify that, in addition to the

service provided by the Courts CM/ECF system, I caused true and correct copies of the foregoing Motion to be served by first class United States mail, postage prepaid and addressed as

follows:

Christopher M. Samis, Esq. Mark D. Collins, Esq. Daniel J. DeFranceschi, Esq. Richards, Layton & Finger, P.A. 920 N. King Street One Rodney Square Wilmington, DE 19801 Jane M. Leamy, Esq. Office of the United States Trustee J. Caleb Boggs Federal Building 844 King Street, Room 2207, Lockbox #35 Wilmington, DE 19801

Howard S. Beltzer, Esquire Morgan Lewis & Bockius LLP 101 Park Avenue New York, NY 10178-0060

/s/ Joseph Grey Joseph Grey

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