Case No. 399-02649, Jointly Administered, Adv. Proc. No. 301-1264AUnited States Bankruptcy Court, M.D. Tennessee.
September 24, 2003
Wally W. Dietz, Esq., Paul G. Jennings, Esq., Beth A. Dunning, Esq., Bass, Berry Sims PLC, Nashville, TN, Charles F. Smith, Esq., Van Durrer, II, Esq., Skadden, Arps, Slate, Meagher From (Illinois), Chicago, IL, for Plaintiffs
AGREED ORDER OF SETTLEMENT AND DISMISSAL
(Utilities)
GEORGE PAINE, Chief Judge, Bankruptcy
Upon the agreement of the parties that this adversary proceeding has been resolved and should be dismissed, the Court FINDS, ADJUDGES AND DECREES:
A. Prior to March 14, 2001, the Plaintiffs, Service Merchandise Company, Inc. “Service Merchandise”) and 31 of its affiliates (the “Affiliate Debtors”; collectively, with service Merchandise, the “Plaintiffs”), initiated the above-captioned adversary proceeding by filing their Complaint to Avoid Preferential Transfers and to Recover Amount of Such Transfers the “Complaint”) against the defendant, Lakeland Electric and Water (the “Defendant”).
B. The Debtors and the Defendant have reached a settlement and agreed resolution the “Settlement”) of the subject matter of the Complaint and any and all factual and legal issues raised therein.
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C. Pursuant to the Settlement and in consideration therefor, the Defendant has agreed, as evidenced by the signature of the Defendant below, to take any and all steps necessary to release all bonds it still holds against the Debtors, its accounts, and/or its property.
D. In consideration of the Defendant’s agreement to take any and all steps to release any and all bonds it still holds against the Debtors, the Debtors have agreed to dismiss the Complaint with prejudice, each party to bear its own costs.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. The Complaint shall be and hereby is dismissed, with prejudice, each party bearing its own costs.
2. The Court shall retain jurisdiction to hear any matters or disputes arising from or relating to the Agreed Order of Dismissal.
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