Case LSS Doc 803 Filed 08/23/16 Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11

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1 Case LSS Doc 803 Filed 08/23/16 Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re PACIFIC SUNWEAR OF CALIFORNIA, INC., a California corporation, et al., 1 Debtors. Chapter 11 Case No.: (LSS) (Jointly Administered) Re: Docket Nos. 746 and 752 CERTIFICATION OF COUNSEL REGARDING ORDER ESTABLISHING SUPPLEMENTAL DEADLINE FOR FILING PROOFS OF CLAIM BY CERTAIN ENTITIES AND APPROVING THE FORM AND MANNER OF NOTICE THEREOF On August 12, 2016, the above-captioned debtors and debtors in possession (collectively, the Debtors ) filed the Debtors Motion, Pursuant to Sections 501 and 502 of the Bankruptcy Code, Bankruptcy Rules 2002 and 3003(c)(3), and Local Rule (e), for Order Establishing Supplemental Deadline for Filing Proofs of Claim by Certain Entities and Approving the Form and Manner of Notice Thereof [Docket No. 746] (the Motion ). Pursuant to the notice of the Motion [Docket No. 752], any objections to the Motion were due before August 22, 2016 at 4:00 p.m. (ET) (the Objection Deadline ). Prior to the Objection Deadline, the Debtors received an informal response (the Response ) to the Motion from the Office of the United States Trustee for the District of Delaware (the U.S. Trustee ). No other responses to the Motion were received by the Debtors. The Debtors have worked with the U.S. Trustee to resolve the Response, and have done so through, among other things, certain revisions to the proposed supplemental bar date notice filed as Exhibit B to the Motion (the Proposed Notice ). In light of this, attached hereto 1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: Pacific Sunwear of California, Inc. (9463-CA); Miraloma Borrower Corporation (0381-Del.); and Pacific Sunwear Stores Corp. (5792-CA). The Debtors address is 3450 East Miraloma Avenue, Anaheim, CA :

2 Case LSS Doc 803 Filed 08/23/16 Page 2 of 2 as Exhibit 1 is a revised Proposed Notice (the Revised Proposed Notice ). 2 The Debtors submit that the Revised Proposed Notice is appropriate and consistent with the relief requested in the Motion and the Debtors discussions with the U.S. Trustee. It is hereby respectfully requested that the form of order filed in connection with the Motion be entered at the earliest convenience of the Court Dated: August 23, 2016 /s/ Shane M. Reil Michael R. Nestor, Esq. (Bar No. 3526) Joseph M. Barry, Esq. (Bar No. 4221) Maris J. Kandestin, Esq. (Bar No. 5294) Shane M. Reil, Esq. (Bar No. 6195) YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square 1000 North King Street Wilmington, Delaware Tel: (302) Fax: (302) mnestor@ycst.com jbarry@ycst.com mkandestin@ycst.com sreil@ycst.com and Michael L. Tuchin, Esq. David M. Guess, Esq. Jonathan M. Weiss, Esq. Sasha M. Gurvitz, Esq. KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 Avenue of the Stars, 39 th Floor Los Angeles, CA Tel: (310) Fax: (310) mtuchin@ktbslaw.com dguess@ktbslaw.com jweiss@ktbslaw.com sgurvitz@ktbslaw.com Counsel for the Debtors and Debtors in Possession 2 01: For ease of reference, attached hereto as Exhibit 2 is a copy of the Revised Proposed Notice marked against the Proposed Notice (the Blackline ). 2

3 Case LSS Doc Filed 08/23/16 Page 1 of 5 EXHIBIT 1 Revised Proposed Notice 01:

4 Case LSS Doc Filed 08/23/16 Page 2 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re PACIFIC SUNWEAR OF CALIFORNIA, INC., a California corporation, et al., 1 Debtors. Chapter 11 Case No.: (LSS) (Jointly Administered) Re Docket Nos. 713, NOTICE OF SUPPLEMENTAL DEADLINE FOR CERTAIN FORMER EMPLOYEES OF THE DEBTORS TO FILE PROOFS OF CLAIMS PLEASE TAKE NOTICE THAT: The United States Bankruptcy Court for the District of Delaware (the Court ), having jurisdiction over the chapter 11 cases of Pacific Sunwear of California, Inc. ( PacSun ), Miraloma Borrower Corporation ( Miraloma ), and Pacific Sunwear Stores Corp. ( PacSun Stores and, collectively with PacSun and Miraloma, the Debtors ) has entered an order (the Supplemental Bar Date Order ) fixing [ ], 2016 at 5:00 p.m. (prevailing Eastern Time) (the Supplemental Bar Date ) as the deadline by which any employee of the Debtors working in retail locations in the state of California (the California Employees ) at any time from October 10, 2015 through February 26, 2016 must file a proof of claim (each, a Proof of Claim ) if such employee believes he or she holds a claim based on the Debtors : a) failing to authorize and permit that employee to take duty-free rest breaks every four hours or major fraction thereof and to compensate the employee therefor (a Rest Break Claim ) during the period from October 10, 2015 through February 26, 2016; and/or b) requiring such employee to undergo security checks and perform closing duties off-the-clock without compensation (an Off-the-Clock Claim ) during the period from October 10, 2015 through February 26, The Supplemental Bar Date Order, the Supplemental Bar Date, and the procedures set forth below for the filing of Proofs of Claim, apply only to Rest Break and Off-the-Clock Claims held by a California Employee against the Debtors that arose during the period from October 10, 2015 to February 26, You are receiving this Notice because you were employed by the Debtors in a retail location in California during the period from October 10, 2015 to 1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: Pacific Sunwear of California, Inc. (9463-CA); Miraloma Borrower Corporation (0381-Del.); and Pacific Sunwear Stores Corp. (5792-CA). The Debtors address is 3450 East Miraloma Avenue, Anaheim, CA :

5 Case LSS Doc Filed 08/23/16 Page 3 of 5 February 26, The Court previously entered an order [Docket No. 237] establishing other deadlines for the filing of Proofs of Claim in these Cases for any other claims. 1. WHO MUST FILE A PROOF OF CLAIM Unless otherwise ordered by the Court, you MUST file a Proof of Claim in order to share in distributions from the Debtors bankruptcy estates if you have a Rest Break or Off-the-Clock Claim that arose during the period from October 10, 2015 to February 26, Under section 101(5) of the Bankruptcy Code and as used herein, the word claim means: (a) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured. YOU SHOULD NOT FILE A PROOF OF CLAIM IF YOU DO NOT HAVE A REST BREAK OR OFF-THE-CLOCK CLAIM AGAINST ANY OF THE DEBTORS. This Notice is being sent to many former employees of the Debtors. The fact that you have received this Notice does not mean that you have a claim against the Debtors or that the Debtors or the Court believe that you have such a claim. 2. WHEN AND WHERE TO FILE All California Employees original Proofs of Claim must be filed so as to be received on or before the Supplemental Bar Date at 5:00 p.m. (prevailing Eastern Time) either (i) electronically via the interface available on the Claims Agent s website at or (ii) by first-class mail, overnight delivery service, or hand delivery to the Claims Agent at the following address: Pacific Sunwear Claims Processing Center c/o Prime Clerk LLC rd Avenue, 3 rd Floor New York, NY CALIFORNIA EMPLOYEES PROOFS OF CLAIM WILL BE DEEMED TIMELY FILED ONLY IF ACTUALLY RECEIVED BY THE CLAIMS AGENT ON OR BEFORE THE SUPPLEMENTAL BAR DATE ([ ], 2016) AT 5:00 P.M. (PREVAILING EASTERN TIME). PROOFS OF CLAIM MAY NOT BE DELIVERED BY FACSIMILE, TELECOPY, OR WHAT TO FILE The Debtors are enclosing a proof of claim form (the Proof of Claim Form ) for use in the Debtors Cases. 01:

6 Case LSS Doc Filed 08/23/16 Page 4 of 5 IF YOU FILE A PROOF OF CLAIM, YOUR FILED PROOF OF CLAIM MUST (I) BE WRITTEN IN THE ENGLISH LANGUAGE; (II) DENOMINATE THE CLAIM IN LAWFUL CURRENCY OF THE UNITED STATES AS OF THE PETITION DATE; (III) CONFORM SUBSTANTIALLY WITH THE PROOF OF CLAIM FORM; (IV) BE SIGNED BY YOU OR BY YOUR AUTHORIZED AGENT; (V) INDICATE THE PARTICULAR DEBTOR AGAINST WHICH THE CLAIM IS ASSERTED; AND (VI) SET FORTH THE BASIS FOR THE ALLEGED CLAIM. At the top of the first page of the Proof of Claim Form you must check the name of the Debtor against which you are asserting a claim. Any California Employees asserting claims against more than one Debtor shall be required to file a separate Proof of Claim with respect to each such Debtor. California Employees who wish to receive from the Claims Agent a proof of receipt of their Proofs of Claim must also include with their original Proof of Claim a copy of such claim and a self-addressed and pre-stamped envelope. Holders of all claims must use the Proof of Claim Form. Additional Proof of Claim Forms may be obtained from the Claims Agent website: or by calling the Claims Agent at (844) Proof of Claim Forms may also be obtained from the Court s website: 6. CONSEQUENCES OF FAILURE TO FILE A PROOF OF CLAIM BY THE SUPPLEMENTAL BAR DATE UNLESS OTHERWISE ORDERED BY THE COURT, ANY CALIFORNIA EMPLOYEE THAT IS A HOLDER OF A REST BREAK OR OFF-THE-CLOCK CLAIM AGAINST ANY OF THE DEBTORS WHO IS REQUIRED, BUT FAILS, TO FILE A PROOF OF SUCH CLAIM IN ACCORDANCE WITH THE SUPPLEMENTAL BAR DATE ORDER ON OR BEFORE THE SUPPLEMENTAL BAR DATE SHALL NOT PARTICIPATE IN ANY DISTRIBUTION IN THESE CASES ON ACCOUNT OF SUCH CLAIM. 01:

7 Case LSS Doc Filed 08/23/16 Page 5 of 5 Dated: [ ], 2016 Michael R. Nestor, Esq. (Bar No. 3526) Joseph M. Barry, Esq. (Bar No. 4221) Maris J. Kandestin, Esq. (Bar No. 5294) Shane M. Reil, Esq. (Bar No. 6195) YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square 1000 North King Street Wilmington, Delaware Tel: (302) Fax: (302) mnestor@ycst.com jbarry@ycst.com mkandestin@ycst.com sreil@ycst.com and Michael L. Tuchin, Esq. David M. Guess, Esq. Jonathan M. Weiss, Esq. Sasha M. Gurvitz, Esq. KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 Avenue of the Stars, 39 th Floor Los Angeles, CA Tel: (310) Fax: (310) mtuchin@ktbslaw.com dguess@ktbslaw.com jweiss@ktbslaw.com sgurvitz@ktbslaw.com Counsel for the Debtors and Debtors in Possession 01:

8 Case LSS Doc Filed 08/23/16 Page 1 of 5 EXHIBIT 2 Blackline 01:

9 Case LSS Doc Filed 08/23/16 Page 2 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re PACIFIC SUNWEAR OF CALIFORNIA, INC., a California corporation, et al., 1 Debtors. Chapter 11 Case No.: (LSS) (Jointly Administered) Re Docket Nos. 713, NOTICE OF SUPPLEMENTAL DEADLINE FOR CERTAIN FORMER EMPLOYEES OF THE DEBTORS TO FILE PROOFS OF CLAIMS PLEASE TAKE NOTICE THAT: The United States Bankruptcy Court for the District of Delaware (the Court ), having jurisdiction over the chapter 11 cases of Pacific Sunwear of California, Inc. ( PacSun ), Miraloma Borrower Corporation ( Miraloma ), and Pacific Sunwear Stores Corp. ( PacSun Stores and, collectively with PacSun and Miraloma, the Debtors ) has entered an order (the Supplemental Bar Date Order ) fixing [ ], 2016 at 5:00 p.m. (prevailing Eastern Time) (the Supplemental Bar Date ) as the deadline by which any employee of the Debtors working in retail locations in the state of California (the California Employees ) at any time from October 10, 2015 through February 26, 2016 must file a proof of claim (each, a Proof of Claim ) if such employee believes he or she holds a claim based on the Debtors : a) failing to authorize and permit that employee to take duty-free rest breaks every four hours or major fraction thereof and to compensate the employee therefor (a Rest Break Claim ) during the period from October 10, 2015 through February 26, 2016; and/or b) requiring such employee to undergo security checks and perform closing duties off-the-clock without compensation (an Off-the-Clock Claim ) during the period from October 10, 2015 through February 26, The Supplemental Bar Date Order, the Supplemental Bar Date, and the procedures set forth below for the filing of Proofs of Claim, apply only to Rest Break and Off-the-Clock Claims held by a California Employee against the Debtors that arose during the period from October 10, 2015 to February 26, You are receiving this Notice because you were employed by 1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: Pacific Sunwear of California, Inc. (9463-CA); Miraloma Borrower Corporation (0381-Del.); and Pacific Sunwear Stores Corp. (5792-CA). The Debtors address is 3450 East Miraloma Avenue, Anaheim, CA :

10 Case LSS Doc Filed 08/23/16 Page 3 of 5 01: the Debtors in a retail location in California during the period from October 10, 2015 to February 26, The Court previously entered an order [Docket No. 237] establishing other deadlines for the filing of Proofs of Claim in these Cases for any other claims. 1. WHO MUST FILE A PROOF OF CLAIM Unless otherwise ordered by the Court, you MUST file a Proof of Claim in order to share in distributions from the Debtors bankruptcy estates if you have a Rest Break or Off-the-Clock Claim that arose during the period from October 10, 2015 to February 26, Under section 101(5) of the Bankruptcy Code and as used herein, the word claim means: (a) a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured. YOU SHOULD NOT FILE A PROOF OF CLAIM IF YOU DO NOT HAVE A REST BREAK OR OFF-THE-CLOCK CLAIM AGAINST ANY OF THE DEBTORS. This Notice is being sent to many former employees of the Debtors. The fact that you have received this Notice does not mean that you have a claim against the Debtors or that the Debtors or the Court believe that you have such a claim. 2. WHEN AND WHERE TO FILE All California Employees original Proofs of Claim must be filed so as to be received on or before the Supplemental Bar Date at 5:00 p.m. (prevailing Eastern Time) either (i) electronically via the interface available on the Claims Agent s website at or (ii) by first-class mail, overnight delivery service, or hand delivery to the Claims Agent at the following address: Pacific Sunwear Claims Processing Center c/o Prime Clerk LLC rd Avenue, 3 rd Floor New York, NY CALIFORNIA EMPLOYEES PROOFS OF CLAIM WILL BE DEEMED TIMELY FILED ONLY IF ACTUALLY RECEIVED BY THE CLAIMS AGENT ON OR BEFORE THE SUPPLEMENTAL BAR DATE ([ ], 2016) AT 5:00 P.M. (PREVAILING EASTERN TIME). PROOFS OF CLAIM MAY NOT BE DELIVERED BY FACSIMILE, TELECOPY, OR WHAT TO FILE The Debtors are enclosing a proof of claim form (the Proof of Claim Form ) for use in the Debtors Cases. 2

11 Case LSS Doc Filed 08/23/16 Page 4 of 5 IF YOU FILE A PROOF OF CLAIM, YOUR FILED PROOF OF CLAIM MUST (I) BE WRITTEN IN THE ENGLISH LANGUAGE; (II) DENOMINATE THE CLAIM IN LAWFUL CURRENCY OF THE UNITED STATES AS OF THE PETITION DATE; (III) CONFORM SUBSTANTIALLY WITH THE PROOF OF CLAIM FORM; (IV) BE SIGNED BY YOU OR BY YOUR AUTHORIZED AGENT; (V) INDICATE THE PARTICULAR DEBTOR AGAINST WHICH THE CLAIM IS ASSERTED; AND (VI) SET FORTH THE BASIS FOR THE ALLEGED CLAIM. At the top of the first page of the Proof of Claim Form you must check the name of the Debtor against which you are asserting a claim. Any California Employees asserting claims against more than one Debtor shall be required to file a separate Proof of Claim with respect to each such Debtor. California Employees who wish to receive from the Claims Agent a proof of receipt of their Proofs of Claim must also include with their original Proof of Claim a copy of such claim and a self-addressed and pre-stamped envelope. Holders of all claims must use the Proof of Claim Form. Additional Proof of Claim Forms may be obtained from the Claims Agent website: or by calling the Claims Agent at (844) Proof of Claim Forms may also be obtained from the Court s website: 6. CONSEQUENCES OF FAILURE TO FILE A PROOF OF CLAIM BY THE SUPPLEMENTAL BAR DATE UNLESS OTHERWISE ORDERED BY THE COURT, ANY CALIFORNIA EMPLOYEE THAT IS A HOLDER OF A REST BREAK OR OFF-THE-CLOCK CLAIM AGAINST ANY OF THE DEBTORS WHO IS REQUIRED, BUT FAILS, TO FILE A PROOF OF SUCH CLAIM IN ACCORDANCE WITH THE SUPPLEMENTAL BAR DATE ORDER ON OR BEFORE THE SUPPLEMENTAL BAR DATE SHALL NOT PARTICIPATE IN ANY DISTRIBUTION IN THESE CASES ON ACCOUNT OF SUCH CLAIM. 01:

12 Case LSS Doc Filed 08/23/16 Page 5 of 5 Dated: [ ], 2016 Michael R. Nestor, Esq. (Bar No. 3526) Joseph M. Barry, Esq. (Bar No. 4221) Maris J. Kandestin, Esq. (Bar No. 5294) Shane M. Reil, Esq. (Bar No. 6195) YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square 1000 North King Street Wilmington, Delaware Tel: (302) Fax: (302) mnestor@ycst.com jbarry@ycst.com mkandestin@ycst.com sreil@ycst.com and Michael L. Tuchin, Esq. David M. Guess, Esq. Jonathan M. Weiss, Esq. Sasha M. Gurvitz, Esq. KLEE, TUCHIN, BOGDANOFF & STERN 1999 Avenue of the Stars, 39 th Floor Los Angeles, CA Tel: (310) Fax: (310) mtuchin@ktbslaw.com dguess@ktbslaw.com jweiss@ktbslaw.com sgurvitz@ktbslaw.com LLP Counsel for the Debtors and Debtors in Possession 01: