Jointly Administered Under Case No. BK-N-01-31627-GWZUnited States Bankruptcy Court, D. Nevada
November 21, 2002
FERRETTE SLATER, A Law Corporation, GARY E. SLATER, Special Counsel for the Reorganized, Daley Corporation,
SKADDEN, ARPS, SLATE, MEAGHER, FLOM LLP, GRENVILLE R. DAY, MURPHY SHENEMAN JULIAN ROGERS. A.P.C. TODD J. DRESSEL, Attorneys for the Plan Committee.
STIPULATION TO TAKE MATTER OFF-CALENDER RE RESPONSE OF DALEY CORPORATION(Claim No. 3564) TO PLAN COMMITTEE’S FOURTH SET OF OMNIBUS OBJECTIONS TO CLAIMS; ORDER THEREON
GREG W. ZIVE, United States Bankruptcy Judge
IT IS HEREBY STIPULATED AND AGREED by and among: Gary E. Slater, Esquire, of Ferrette Slater, A.L.C., special counsel for Daley Corporation. Creditor, Grenville R. Day, Esquire, of Skadden, Arps, Slate, Meagher Flom, LLP, attorneys for Debtors and Debtors-in-Possession and Todd J. Dressel, Esquire, of Murphy Sheneman Julian Rogers, A.P.C., attorneys for the Plan Committee as follows:
1. On or about October 1, 2002, the Plan Committee filed and served its Notice of Plan Committee’s Fourth Set of Omnibus Objections to Claims and Fourth Set of Omnibus Objections to Claims (“Fourth Set of Omnibus Objections to Claims”) which set a hearing date in this matter for November 22, 2002, at 2:00 p.m. in Courtroom 1109 of the above-entitled Court, before the Honorable Gregg W. Zive.
2. On or about November 7, 2002, Creditor, Daley Corporation, filed and served its Response of Daley Corporation (claim No. 3564) to Plan Committee’s Fourth Set of Omnibus Objections to Claims (“Response”), objecting to the Fourth Set of Omnibus Objections to Claims filed by the Plan Committee.
3. The parties hereto have discussed the Response filed by Daley Corporation and are attempting to resolve the matter without the need for a formal hearing before this Court.
4. The parties hereto believe that this matter can be resolved, but reserve all of their respective rights as stated in the Fourth Set of Omnibus Objections to Claims and the Response thereto filed by Daley Corporation, Creditor.
For the reasons summarized above, the parties hereby stipulate and agree as follows:
5. The hearing currently scheduled for November 22, 2002, at 2:00 p.m. in Courtroom 1109 of the above-entitled Court before the Honorable Gregg W. Zive, with respect to the Response filed by Daley Corporation, Creditor, only shall come off-calender.
6. The parties hereto shall attempt to negotiate a settlement of the matter, but reserve all of their respective rights to re-notice this matter for hearing as stated in the Fourth Set of Omnibus Objections to Claims and the Response.
7. This stipulation may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall be construed as one and the same instrument. The parties further agree that facsimile copies of their original signatures may be deemed to be the equivalent of an original signature on counterpart copies of this stipulation.
ORDER
The Court having read and considered the foregoing stipulation; and good cause appearing therefor,
IT IS SO ORDERED