Case No. 01-16034 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
March 14, 2005
Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571), Michael P. Kessler (MK 7134), WEIL, GOTSHAL MANGES LLP, New York, NY, Attorneys for the Reorganized Debtors.
James L. Bromley (JB 5125), CLEARY GOTTLIEB STEEN HAMILTON LLP, New York, New York, Attorneys for Lehman Brothers Inc.
STIPULATION AND ORDER (A) AUTHORIZING LEHMAN BROTHERS INC. TO RESPOND TO OBJECTION TO PROOF OF CLAIM FILED BY LEHMAN BROTHERS INC. (CLAIM NO. 14220), (B) PRESERVING THE RIGHTS OF THE REORGANIZED DEBTORS TO REPLY TO SUCH RESPONSE, AND (C) SETTING HEARING DATE
ARTHUR GONZALEZ, Bankruptcy Judge
Enron Corp. and certain of its affiliates (collectively, the “Reorganized Debtors”), and Lehman Brothers Inc. (“Lehman”), by and through their respective counsel, do hereby stipulate as follows:
A. Pursuant to an Objection, dated December 22, 2004 (the “Objection”), the Reorganized Debtors objected to the proof of claim, having Claim No. 14220, filed by Lehman Brothers Inc. (“Lehman”).
B. Pursuant to this Court’s Order Confirming Supplemental Modified Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States
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Bankruptcy Code, and Related Relief, dated July 15, 2004, the Reorganized Debtors must file all objections to claims on or before March 14, 2005 (the “Objection Deadline”).
C. The hearing to consider the Objections (the “Hearing”) was originally scheduled for January 27, 2005 at 10:00 a.m. New York City time and the deadline for responses to the Objection (the “Response Deadline”) was originally January 24, 2005 at 5:00 p.m. New York City time.
D. Lehman did not file a response by the Response Deadline. Lehman has requested the opportunity to submit a response (“Response”) to the Objection and to reschedule the Hearing, and the Reorganized Debtors have agreed to grant specifically to Lehman the right to submit a Response on or before March 31, 2005 at 5:00 p.m. New York City time and to reschedule the Hearing to April 14, 2005 at 10:00 a.m. New York City time; provided,however, that the foregoing is without prejudice to the rights of the Reorganized Debtors to adjourn the Hearing, from time to time.
NOW, THEREFORE, the parties hereto, by and through their respective counsel, do hereby agree as follows:
1. Lehman shall have until March 31, 2005 at 5:00 p.m. New York City time to file its Response, if any, to the Objection, and the Reorganized Debtors shall have the right to reply to the Response after the Objection Deadline.
2. The Hearing is hereby scheduled for April 14, 2005 at 10:00 a.m., New York City time; provided, however, that the foregoing is without prejudice to the rights of
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the Reorganized Debtors to adjourn the Hearing, from time to time.
SO ORDERED.