Case No. 01-16034 (AJG), (Jointly Administered)United States Bankruptcy Court, S.D. New York.
January 5, 2004
Martin J. Bienenstock, Peter Gruenberger, Melanie Gray, John Strasburger, WEIL, GOTSHAL MANGES LLP New York, NY, for Enron, ENA, EPMI, EES, ECTRIC, EGLI, EBS, and EOL
David H. Botter, Robert A. Johnson, Shuba Satyaprasad, H. Rey Stroube, III, AKIN GUMP STRAUSS HAUER FELD, LLP, New York, NY, for Adversary Proceeding Defendants Dynegy, DMT, DPMI, DBMT, DCI, DDI, DGL, DLMT, and DUK
STIPULATION AND ORDER REGARDING DEBTORS’ MOTION TO ENFORCE STAY OR, IN THE ALTERNATIVE, TO ENJOIN ARBITRATION
ARTHUR GONZALEZ, Bankruptcy Judge
Debtors Enron Corp. (“Enron”), Enron North America Corp. (“ENA”), Enron Power Marketing, Inc. (“EPMI”), Enron Energy Services, Inc. (“EESI”), Enron Capital Trade Resources International Corp. (“ECTRIC”), Enron Gas Liquids, Inc. (“EGLI”), Enron Broadband Services, L.P. (“EBS”), and Enron Online, LLC (“EOL”) (collectively, “Debtors”), by and through their counsel, and Adversary Proceeding Defendants Dynegy Inc. (“Dynegy”), Dynegy Marketing and Trade (“DMT”), Dynegy Power Marketing, Inc. (“DPMI”), Dynegy Broadband Marketing and Trade (“DBMT”), Dynegy Canada Inc. (“DCI”), Dyneg direct Inc. (“DDI”), Dynegy Global Liquids, Inc. (“DGL”), Dynegy Liquids Marketing and Trade f/k/a Warren Gas Liquids, Inc. (“DLMT”), and Dynegy UK Limited (“DUK”) (collectively, the “Dynegy Entities”), by and through their undersigned counsel, stipulate as follows:
1. The hearing on Debtors’ Emergency Motion Against the Dynegy Entities to Enforce the Automatic Stay Under 11 U.S.C. § 362(a) Or, In the Alternative, To Enjoin Prosecution of Arbitration Against Nondebtor Affiliates Under 11 U.S.C. § 105 (the “Motion”) shall be adjourned to the week of January 26, 2004.
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2. The Dynegy Entities’ Objections to the Motion shall be filed and served no later than January 20, 2004. Any response or reply by the Debtors shall be served no later than two days before the hearing date.
3. Pending the hearing on the Motion, the Dynegy Entities shall take no action to activate the arbitration in the International Center for Dispute Resolution commenced by certain of the Dynegy Entities against certain Enron Affiliated Nondebtors, which arbitration is presently in abeyance.
4. The Debtors and the Dynegy Entities agree that with respect to any requests for production of documents or interrogatories issued and served in accordance with the Federal Rules of Bankruptcy Procedure on or before December 30, 2003, answers and responses to such discovery shall be due no later than January 15, 2004.
5. Each of Enron, ENA, EPMI, EES, ECTRIC, EGLI, EBS, and EOL agrees not to assert or contend that the entry of this stipulation and proposed order by Dynegy, DMT, DPMI, DBMT, DCI, DDI, DGL, DLMT, and DUK is a waiver of any and all objections that the Court lacks personal jurisdiction, subject matter jurisdiction, supplemental jurisdiction, and summary jurisdiction, and further agrees that the entry of this stipulation and proposed order shall not be deemed to be either a waiver of such jurisdictional objections or a submission by any of the Dynegy Entities to this Court’s jurisdiction. Each of Enron, ENA, EPMI, EES, ECTRIC, EGLI, EBS, and EOL explicitly reserves all rights and does not waive any arguments respecting personal jurisdiction, subject matter jurisdiction, supplemental jurisdiction and summary jurisdiction.
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SO ORDERED.
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