Jointly Administered with Case No. BK-N-01-31627-GWZ.United States Bankruptcy Court, D. Nevada.
May 5, 2004
Sylvia Harrison, Esq., WINSTON STRAWN LLP, McDONALD CARANO WILSON LLP, Counsel for the PLAN COMMITTEE.
ORDER DISALLOWING RESOLVED TORT CLAIMS
GREGG ZIVE, Chief Judge, Bankruptcy
On March 25, 2004, the Plan Committee (the “Committee”) filed its Motion for Order Disallowing Resolved Tort Claims (the “Motion”) and the Declaration of Todd J. Dressel in Support of the Motion (the “Dressel Declaration”). On April 7, 2004, the Committee filed an Errata to “Declaration of Todd J. Dressel in Support of Plan Committee’s Motion for an Order Disallowing Resolved Tort Claims” (the “Errata”) which attached a revised Exhibit A. Pursuant to this Court’s March 18, 2003 Order Granting Joint Objection of the Reorganized Debtors and Plan Committee to All Tort Claims and Establishing Procedures for Resolving Tort Claims (the “Tort Procedures Order”), the moving papers requested the disallowance of Tort Claims[1] which have been resolved in their appropriate jurisdictions with no resulting Class 7 liability. No formal responses to the Motion were filed.
The Committee also filed a Reply in Support of Motion for Order Disallowing Resolved Tort Claims (the “Reply”) which responded to the informal response to the motion conveyed by Linda M. Price in the form of a letter faxed to counsel for the Plan Committee. The
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Affidavit of Robert L. Berlin in Support of the Reply (the “Berlin Affidavit”) also addressed Ms. Price’s letter.
After reviewing the Motion, the Dressel Declaration, the Errata, the Reply and the Berlin Affidavit, and all pleadings relating thereto, and good cause appearing therefore,
IT IS HEREBY ORDERED:
1. The Claim of Ms. Price is time-barred and the relief requested by Ms. Price is denied.
2. The Motion is GRANTED and all Tort Claims listed on Exhibits A and B attached hereto, which have been dismissed, settled or otherwise resolved, are DISALLOWED.
SO ORDERED.
EXHIBIT A Resolved Tort Claims Exhibit A
EXHIBIT B Resolved Tort Claims Exhibit B
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