Case No. BK-N-01-31627-GWZ, Jointly AdministeredUnited States Bankruptcy Court, D. Nevada.
April 11, 2003
PATRICK A. MURPHY, TODD J. DRESSEL, GABRIEL M. BLOCK, WINSTON
STRAWN, San Francisco, CA, and SYLVIA HARRISON, MICHAEL A.T. PAGNI, MCDONALD CARANO WILSON LLP, Reno, NV, Attorneys for Plain Committee.
Timothy A. Lukas, Esq., HALE LANE PEEK DENNISON HOWARD AND ANDERSON, Counsel for Indiana Harbor Coke Company, L.P.
STIPULATED ORDER CONCERNING PROOFS OF CLAIM FILED ON BEHALF OF INDIANA HARBOR COKE COMPANY, L.P. (CLAIM NO. 5457)
GREGG W. ZIVE, United States Bankruptcy Judge
Claimant Indiana Harbor Coke Company, L.P. (“IHCC”), and the Plan Committee (the “Committee”) in these Chapter 11 cases of Washington Group International, Inc., et al. (collectively, the “Debtors”), hereby stipulate and agree as follows:
WHEREAS, the Debtors commenced their bankruptcy cases on May 14, 2001;
WHEREAS, Robert L. Berger Associates, LLC (the “Claims Agent”), was designated as the Claims and Noticing Agent for purpose of receiving proofs of claim filed by entities asserting claims against the Debtors;
WHEREAS, IHCC has filed Claim No. 5457 for $18,350,000 and unliquidated amounts, for damages arising from and related to a contract between IHCC and the Debtors for the design, engineer, procurement and construction of a four battery coke making plant (the “Claim”);
WHEREAS, the Court confirmed the Second Amended Joint Plan of Reorganization of Washington Group International, Inc., et al., as modified (the “Plan”), on December 21, 2001;
WHEREAS, pursuant to Section 8.1 of Article VIII of the Plan, the Committee is authorized to file objections to Claims;
WHEREAS, the deadline for the Committee to object to Claims is March 31, 2003;
WHEREAS, IHCC and the Debtors have submitted their disputes to the American Arbitration Association pursuant to the contract’s arbitration clause. That arbitration is currently proceeding in various hearings set through October 1, 2003;
WHEREAS, the parties agree that the most financially and judicially reasonable method to liquidate the Claim is in the pending arbitration.
NOW, THEREFORE, in accordance with the foregoing, and intending to be legally bound, the parties, by and through their respective undersigned counsel, do hereby agree and stipulate as follows:
1. The parties agree that the Claim shall be deemed the subject of a pending objection for the purposes of the March 31, 2003 deadline set by the Court, within which the Committee and Debtors must object to Claims, provided, however, that the deemed objection shall be limited to the matters raised by the Debtor in opposition to IHCC’s claim in the arbitration; and
2. IHCC may proceed to liquidate its Claim in the pending arbitration, including the parties rights of appeal until such rights have been exhausted; provided, however, that IHCC may not attempt to execute on any judgment against the Debtors or property of the Debtors’ estates without further order of this Court, including, but not limited to, receiving a distribution under the Second Amended Joint Plan of Reorganization, as Modified. STIPULATED and AGREED: