Case No. BK-N-01-31627-GWZ, Jointly Administered UnderUnited States Bankruptcy Court, D. Nevada.
June 12, 2003
PATRICK A. MURPHY (S.B. NO. 38832), TODD J. DRESSEL (S.B. NO. 220812), JOHN R. STEVENSON (S.B. NO. 221318), WINSTON STRAWN, San Francisco, CA; SYLVIA HARRISON (NV S.B. No. 4106), McDONALD CARANO WILSON LLP, Reno, NV, Attorneys for PLAN COMMITTEE.
Gerald L. Shelley, Esq., QUARLES BRADY STREICH LANG, LLP, Phoenix, AZ, Counsel for the WHTRI REAL ESTATE LIMITED PARTNERSHIP.
STIPULATED ORDER REGARDING CLAIM OF WHTRI REAL ESTATE LIMITED PARTNERSHIP (CLAIM NO. 15736)
GREGG ZIVE, Chief Judge, Bankruptcy
The Plan Committee (the “Committee”) in these Chapter 11 Bankruptcy cases of Washington Group International, et al. (the “Reorganized Debtors”) and WHTRI Real Estate Limited Partnership (“WHTRI”), by and through their undersigned counsel, hereby Stipulate and Agree and this Court hereby Finds and Orders as follows:
WHEREAS, on January 9, 2002, WHTRI filed a proof of claim against the Reorganized Debtors (Claim No. 15736) (the “WHTRI Claim”);
WHEREAS, on March 31, 2003, the Committee filed its Objection to the WHTRI Claim seeking disallowance of the Claim to the extent that it exceeds the statutory cap of section 502(b)(6) of $938,360.04 and to the extent that re-leasing activity could reduce actual damages to a figure below the statutory cap (the “WHTRI Claim Objection”);
WHEREAS, WHTRI has been unable to re-let the underlying premises;
WHEREAS, subsequent to the filing of the WHTRI Claim Objection, WHTRI consented to the reduction of its Claim to $938,360.04;
WHEREAS, the parties desire, and by this stipulation intend, to resolve and settle all existing and future differences and disputes among them relating to the WHTRI Claim and the WHTRI Claim Objection; and
WHEREAS, by this stipulation neither party admits liability to the other in connection with any potential claims or potential counterclaims concerning the WHTRI Claim, and nothing in this stipulation shall be construed as an admission by either party of unlawful or otherwise actionable conduct on its part.
NOW, THEREFORE, in accordance with the foregoing, and intending to be legally bound, the parties, by and through their respective undersigned counsel, do hereby agree and stipulate as follows:
1. The parties agree that the WHTRI Claim (Claim No. 15736) shall be an Allowed Class 7 Claim in the reduced amount of $938,360.04; and
2. Each party to bear its own fees and costs.
STIPULATED and AGREED.
SO ORDERED.