Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
November 20, 2003
Andrew Goldman, Esq., Eric R, Markus, Esq., Wilmer Cutler
Pickering, New York, for Kmart Corporation
Michael H. Former, Lathrup Village, MI, for Christine Alexander
AGREED ORDER BETWEEN KMART AND CHRISTINE ALEXANDER TO PERMIT LATE FILING
SUSAN SONDERBY, Chief Judge, Bankruptcy
This Agreed Order is entered into and submitted to the Court in accordance with the agreement of Kmart Corporation and certain of its subsidiaries, former debtors and debtors-in-possession in the above-captioned cases (collectively, “Kmart”) and Christine Alexander (“Alexander), in resolution of the motion of Alexander for this Court to grant relief from the plan injunction or, in the alternative, to allow the late filing of a proof of claim (Docket No. 18084) (the “Motion”); it appearing to the Court that the relief should be granted,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. On or by December 1, 2003, Alexander shall file a prepetition proof of claim (the “Claim”) with the Debtors’ claims agent, Trumbull Services, LLC with respect to certain alleged personal injury claims as specified in certain litigation styled Christine Alexander v. X-man, et al., filed on or about April 6, 2001, pending in the Wayne County, Michigan circuit court (the “Litigation”). A copy of this proof of claim shall be sent via overnight delivery to counsel for Kmart, Wilmer, Cutler
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Pickering, 2445 M Street, N.W., Washington, D.C. 20037 (Attn: Gwendolyn K. Ponder, Esq.)
3. Except as provided in paragraph 1 of this order, Kmart expressly reserves all rights to challenge the validity, priority and amount of the Claim, and to pursue any other claims, causes of action or potential offsets against the Claim.
4. Kmart reserves its rights set forth in Order Approving the Procedures for (a) Liquidating and Settling Personal Injury Claims through Direct Negotiation and/or Alternative Dispute Resolution and/or (b) Modifying the Automatic Stay to Permit Certain Litigation with Respect to such Claims to Proceed (Docket No. 4944).
5. Nothing in this Agreed Order shall be deemed an admission of fact on the pan of Kmart with respect to the Claim or any facts alleged in the Motion, the Reconsideration Motion or in the Litigation.
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6. This Court shall retain jurisdiction to hear any matters or disputes arising from or relating to this Agreed Order.
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