Case No. 02-B02474, (Jointly Administered)United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 28, 2003
John Wm. Butler, Jr., J. Eric Ivester, Mark A. McDermott, Skadden, Arpa, Slate, Meagher Flom, Chicago, IL, for Debtors and Debtors-in-Possession.
Thomas W. Drexler, Chicago, IL, for Sandra Gaub.
AGREED ORDER REGARDING SANDRA GAUB’S MOTION TO DEEM CLAIM AS TIMELY FILED
SUSAN PIERSON SONDERBY, United States Bankruptcy Judge
This Agreed Order is entered into and submitted to the Court in accordance with the agreement of Kmart Corporation (“Kmart”) and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession in the above-captioned cases (collectively, the “Debtors”) and Sandra Gaub (“Gaub”), in resolution of Gaub’s Motion to Deem Claim as Timely Filed (Docket Nos. 8822) (the “Motion”), as signified by the signatures of counsel below, to have Gaub’s proof of claim be deemed timely filed, as set forth herein; it appearing to the Court that the relief should be granted,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. Gaub’s September 23, 2002 proof of claim (POC #45628) shall be deemed timely filed.
2. Except as provided in paragraph 1 of this order, the Debtors expressly reserve the right to file an objection to Gaub’s proof of claim for any and all reasons.
3. The Debtors reserve all rights regarding the allowance of Gaub’s claim in the Procedures for Liquidating and Settling Personal Injury Claims (the “Claims Resolution Procedure”) (Docket No. 4944).
4. Nothing in this Order shall be deemed an admission of fact on the part of the Debtors and Gaub with respect to any Facts alleged in the Motion or in the litigation.
5. The Court shall retain exclusive jurisdiction to resolve any dispute arising from or relating to this Order. ¶¶