Case No. 02-02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 19, 2004
Andrew Goldman, Esq., Eric R. Markus, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York, Attorneys for Kmart Corporation. And
Karen J. Porter, Law Offices of Karen J. Porter, Ltd., Chicago, IL, Attorney for Roger Marvel, Administrator of the Estate of Eileen Marvel.
AGREED ORDER BETWEEN KMART AND THE ADMINISTRATOR OF THE ESTATE OF EILEEN MARVEL
PAMELA S. HOLLIS, Bankruptcy Judge
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 TheAdministrator of The Estate of Eileen Marvel (“Claimant”), in resolution of Claimant’s motion for reconsideration of the Twenty-First Omnibus Objection to Claims (Certain Personal Injury And Other Claims (Docket No. 26321) (“Motion”); it appearing to the Court that the following relief should be granted,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Claimant shall be deemed to have made a timely response to the Reorganized Debtors’ Twenty-First Omnibus Objection to Claims (Certain Personal Injury And Other Claims) (Docket No. 20651) (the “Twenty-First Omnibus Objection”) (the “Response”). The Twenty-First Omnibus Objection shall be continued for a status hearing with respect to claim number 37177 (the “Claim”) in accordance with paragraph 4 of the Order Disallowing and Expunging or Otherwise Reducing or Reclassifying Claims Set Forth in the Twenty-First Omnibus Objection (Certain Personal
Page 2
Injury and Other Claims) (Docket No. 23512) (“Twenty-First Omnibus Order”) and any subsequent order setting status hearings for such continued Claim. Any provision in the Twenty-First Omnibus Order inconsistent with the foregoing is hereby vacated. All other provisions of the Twenty-First Omnibus Order shall remain in full force and effect.
2. The dollar amount of the Claim shall be as determined (a) as agreed upon by Kmart and Claimant or (b) by final order in the litigation related to the Claim, currently pending in theCircuit Court of Jefferson County, Illinois, captioned RogerMarvel, Administrator of the Estate of Eileen Marvel, deceasedvs. Kmart Corporation, et al, Case No. 01L45 (the “Litigation”).
3. Notwithstanding anything in this Agreed Order to the contrary, the Automatic Stay and the Plan Injunction shall remain in effect with respect to any and all actions by TheAdministrator of the Estate of Eileen Marvel to execute on any final judgment or settlement against Kmart, the Kmart’s estates, the reorganized debtors, or any of their property.
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 or in the Litigation, nor shall anything in this Agreed Order be construed as a waiver of any of Kmart’s defenses or arguments in the Litigation. 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.
5. 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.
Page 3
6. This Court shall retain jurisdiction to hear any matters or disputes arising from or relating to this Agreed Order.