Case No. 02-B02474 (Jointly Administered)United States Bankruptcy Court, N.D. Illinois, Eastern Division
March 28, 2003
John Wm. Butler, Jr., J. Eric Ivester, Mark A. McDermott, SKADDEN, ARPS, SLATE, MEAGHER FLOM, Chicago, IL., Attorneys for Debtors and Debtors-in-Possession.
Joseph V. Pinto, Jr., Esq., Kathleen Greenbaurn, Esq., Greenbaurn Pinto Maple Glen Professional Center, Maple Glen, PA. Attorney for Charles Fellmeth.
AGREED ORDER REGARDING CHARLES FELLMETH’S MOTION FOR LEAVE TO FILE LATE PROOF OF CLAIM
SUSAN PIERSON SONDERBY, United States Bankruptcy Judge
This Agreed Order is entered into and submitted to the Court in accordance with the agreement of Kmart Corporation (“Kmart”) and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession in the above-captioned cases (collectively, the “Debtors”) and Charles Fellmeth (“Fellmeth”), in resolution of Fellmeth’s Motion for Leave to File Late Proof of Claim (Undocketed) (the “Motion”), as signified by the signatures of counsel below, to have Fellmeth’s proof of claim be deemed timely filed, as set forth herein; it appearing to the Court that the relief should be granted,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. Fellmeth’s proofs of claim filed on February 10, 2003 (POC ##47606 and 47607) shall be deemed timely filed.
2. Except as provided in paragraph 1 of this order, the Debtors expressly reserve the right to file an objection to Fellmeth’s proofs of claim for any and all reasons.
3. The Debtors reserve all rights regarding the allowance of Fellmeth’s claim in the Procedures for Liquidating and Settling Personal Injury Claims (the “Claims Resolution Procedure”) (Docket No. 4944).
4. Fellmeth hereby withdraws proofs of claim number 47410 and 47411 (filed on January 24, 2003) and proofs of claim number 47420 and 47421 (filed on January 27, 2003).
5. Nothing in this Order shall be deemed an admission of fact on the part of the Debtors and Fellmeth with respect to any facts alleged in the Motion or in the litigation.
6. The Court shall retain exclusive jurisdiction to resolve any dispute arising from or relating to this Order.