04-37512 (JS), Adv. Proc. No. 06-02011.United States Bankruptcy Court, D. Maryland, Baltimore Division.
May 30, 2007
Kevin G. Hroblak, Bar No. 26180, Whiteford, Taylor Preston L.L.P., Baltimore, Maryland, Counsel to Litigation Trustee.
Sedica Sawez, Bar No. 14701, Rosenberg Martin Greenberg LLP, Baltimore, Maryland, Counsel to i2 Technologies US, Inc.
STIPULATION
JAMES SCHNEIDER, Bankruptcy Judge
WHEREAS, on December 7, 2004 (the “Petition Date”), Air Cargo, Inc. (the “Debtor”) filed with this Court a voluntary petition for relief under Chapter 11 of the Bankruptcy Code;
WHEREAS, on or about May 19, 2006, the Bankruptcy Court entered an order (the “Confirmation Order”), confirming the Debtor’s Plan (the “Plan”), to be effective on June 14, 2006;
WHEREAS, pursuant to the Plan, the Litigation Trust (the “Trust”) was established to, among other things, liquidate the remaining assets of the Debtor, pursue causes of action, and resolve claims filed against the Debtor;
WHEREAS, Martin T. Fletcher is the trustee of the Trust (the “Trustee”),
WHEREAS, the Trustee filed a Complaint in this Court (the “Complaint”) seeking recovery for damages to the Debtor allegedly caused by the Defendants;
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WHEREAS, the Trustee and i2 Technologies US, Inc. (“i2”) filed a stipulation, which was entered by the Bankruptcy Court on April 11, 2007, extending the time for i2 to respond to the Complaint and providing additional response time for the Trustee to respond to a motion in the event a motion was filed by i2 in response to the Complaint;
WHEREAS, on May 4, 2007, i2 filed a Motion to Dismiss, or in the Alternative, to Abstain, or in the Alternative, Motion to Dismiss with Prejudice, and Memorandum in Support Thereof (the “Motion”);
WHEREAS, co-defendant, Mercer Management Consulting (“Mercer”) has requested a further extension of time to file an answer or otherwise respond to the Complaint until June 11, 2007; and
WHEREAS, i2 and the Trust have agreed to extend the Trust’s response time to the Motion to a date that is one day beyond the date on which Mercer files its response to the Complaint.
IT IS, THEREFORE, HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT:
1. The deadline for the Trust to file a response to the Motion is extended to and including June 12, 2007.
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CERTIFICATION OF COUNSEL
I hereby certify that the terms of the copy of the foregoing Stipulation submitted to the Court are identical to those set forth in the original Stipulation; and the signatures represented by the /s/ on this copy reference the signatures of consenting parties on the original Stipulation.
SO ORDERED