Case No. 01-41593-293, Adv. Proc. No. 03-4577-293.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
November 2, 2004
Lackey Hershman, L.L.P., Paul B. Lackey, Michael P. Aigen, Dallas, Texas, Attorneys for Highland Entities.
Foley Lardner LLP, David B. Goroff, Derek L. Wright, Chicago, Illinois, Attorneys for Scott Peltz, as Chapter 11, Plan Administrator for BIS, Administration, Inc. (f/k/a Bridge Information Systems, Inc.) and certain of its subsidiaries.
Armstrong Teasdale LLP, Steven Cousins, David Going, Susan Olsen, St. Louis, Missouri, and Benjamin S. Kaminetzky, Thomas A. Tormey, Andrew Dean, Davis Polk Wardwell, New York, NY, Attorneys for WCAS Entities.
ORDER CONSOLIDATING AND REALIGNING PARTIES
DAVID McDONALD, Chief Judge, Bankruptcy
On September 27, 2004, this Court considered the request to Consolidate and to Realign the Parties. The Court is of the opinion that the request should be GRANTED.
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It is ORDERED that Highland Capital Management, L.P., et al. v. Welsh, Carson, Anderson Stowe VI, L.P, et al., Adv. Proc. No. 03-04662 in the United States Bankruptcy Court for the Eastern District of Missouri, shall be consolidated with the above-captioned matter (the “Consolidated Action”). The Consolidated Action will proceed as Adv. Proc. No. 03-4577-293.
In the action previously designated as Adv. Proc. No. 03-04662, Highland Capital Management, L.P., Pamco Cayman, Ltd., ML CBO IV (Cayman) Ltd., Highland Legacy Limited, KZH Highland — 2 LLC, KZH Pamco LLC, SRV — Highland, Inc., and Gleneagles Trading LLC (the “Highland Entities”) filed a Petition in Texas State Court (the “Complaint”) setting forth the claims for which relief is requested, and the parties have already agreed that the Highland Entities shall not be required to replead before this Court. Welsh, Carson, Anderson Stowe VI, L.P., Welsh, Carson, Anderson Stowe, VII, L.P., Welsh, Carson, Anderson Stowe VIII, L.P., Welsh, Carson, Anderson Stowe IX, L.P., WCAS Capital Partners II, L.P., Thomas E. McInerney, and Patrick J. Welsh (the “WCAS Entities”) have also already filed their Answer to the Complaint on February 13, 2004.
Pursuant to this Order, the WCAS Entities shall be Defendants and the Highland Entities shall be Plaintiffs in the Consolidated Action. Pursuant to this Order, the Plan Administrator is also becoming a Plaintiff in the Consolidated Action. The parties have agreed that the Plan Administrator will not file a separate complaint at this time but will proceed under Highland’s Complaint. The Plan Administrator is not advancing any factual allegations and not asserting any causes of action against the WCAS Entities other than those contained in the Complaint in this Consolidated Action.
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The WCAS Entities shall file an answer responding to the Plan Administrator’s allegations and claims by October 29, 2004, without prejudice to the WCAS Entities’ right to file a motion to dismiss and/or a motion for summary judgment at a later date.
It is so Ordered.
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