Case No. 399-02649, Jointly Administered, Adv.Proc. No. 301-1232AUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division.
May 1, 2003
Wally W. Dietz, Esq., Paul G. Jennings, Esq., Beth A. Dunning, Esq., Nashville, TN, Attorneys for Debtors and Debtors in Possession.
Charles F. Smith, Esq., Patrick J. Nash, Jr., Esq., Skadden, Arps, Slate, Meagher Flom (Illinois), Chicago, IL.
AGREED ORDER OF SETTLEMENT AND DISMISSAL
GEORGE C. PAINE, II, United States Bankruptcy Judge
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, City of Alexandria, LA Utility Department (the “Defendant”).
B. Defendant filed a Motion for Change of Venue of Adversary Proceeding (“Motion”). No hearing on the Motion has been held, and tic Motion is deemed withdrawn with prejudice pursuant to this order (the “Agreed Order of Dismissal”).
C. 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.
D. Pursuant to the Settlement, the Defendant has agreed, as evidenced by the signature of the Defendant below, and is hereby decried to voluntarily waive any and all claims and causes of action that it has or may have against the Debtors of whatever nature or type, whether unsecured, secured or administrative in nature, or otherwise.
E. In consideration of the Defendant’s knowing and voluntary waiver of any and all claims against the Debtors, the Debtors have agreed to dismiss the Complaint with prejudice, each party to br its own costs.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. The Defendant shall not have and is forever barred from asserting any claim or cause of action against the Debtors of whatever nature or type, whether unsecured, secured or administrative in nature, or otherwise.
2. The Complaint shall be and hereby is dismissed, with prejudice, each party bearing its own costs.
3. The Court shall retain jurisdiction to hear any matters or disputes arising from or relating to the Agreed Order of Dismissal.