Case No. 02-02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 2, 2004
Andrew Goldman, Esq., Eric R. Markus, Esq., Wilmer Cutler Pickering Hale and Don LLP, New York, New York, William J. Barrett, David E. Gordon, Barack Ferrazzano Kirschbaum, Perlman
Nagelberg LLP, Chicago, IL, Attorneys for Kmart Corporation.
Carlos E. Jimenez, San Juan, PR, Attorney for Conchita B. de Garcia.
AGREED ORDER BETWEEN KMART AND CONCHITA B. DE GARCIA
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 Conchita B. de Garcia (“de Garcia”), in resolution of the Application of de Garcia for Compensation requesting this Court to deem de Garcia’s Claim Number 57398, superceding claim number 56902 as being Timely Filed (Docket No. 24203) (the “Motion”); it appearing to the Court that the relief should be granted.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. De Garcia’s Administrative Expense Claim Request Form, filed with Trumbull Services, LLC on October 14, 2003, and assigned claim number 56902, (the “Claim”) shall be deemed timely filed. A second, substantially identical claim, filed with Trumbull Services, LLC on February 9, 2004 and assigned claim number 57398, shall be expunged as being duplicative of the Claim.
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2. 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.
3. Kmart reserves all of its rights set forth in the Amended Order Approving the Procedures for (a) Liquidating and Settling Postpetition Personal Injury Claims through Direct Negotiation and/or Alternative Dispute Resolution and/or (b) Modifying the Plan Injunction to Permit Litigation with Respect to Such Claims to Proceed After Exhaustion of the Procedures (Docket No. 17525) (the “Administrative Personal Injury Procedures Order”). As set forth in the Administrative Personal Injury Procedures Order, de Garcia recognizes that Kmart has objected to all postpetition personal injury claims alleged to have been incurred between January 22, 2002, and May 6, 2003 (the “Administrative Personal Injury Claims”).
4. Nothing in this Agreed Order shall be deemed an admission of fact on the part of Kmart with respect to the Claim or any facts alleged in the Motion.
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5. This Court shall retain jurisdiction to hear any matters or disputes arising from or relating to this Agreed Order.
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