Jointly Administered Under Case No. BK-N-01-31627-GWZUnited States Bankruptcy Court, D. Nevada.
June 4, 2003
PATRICK A. MURPHY, TODD J. DRESSEL, JOHN R. STEVENSON, WINSTON
STRAWN, San Francisco, CA, SYLVIA HARRISON, McDONALD CARANO WILSON, LLP, Reno, NV, Attorneys for PLAN COMMITTEE.
Howard C. Rubin, KESSLER COLLINS, P.C., Dallas, TX, Counsel for EOP — OPERATING LIMITED PARTNERSHIP.
Jennifer A. Smith, Esq., SKADDEN, ARPS, SLATE, MEAGHER FLOM, LLP, LIONEL SAWYER COLLINS, Reno, NV, Counsel for the REORGANIZED DEBTORS.
STIPULATED ORDER REGARDING CLAIM OF EOP — OPERATING LIMITED PARTNERSHIP (CLAIM NO. 6020)
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”), the Reorganized Debtors and EOP — Operating Limited Partnership (“EOP”), by and through their undersigned counsel, hereby Stipulate and Agree and this Court hereby Finds and Orders as follows:
WHEREAS, on August 24, 2001, EOP filed a proof of claim against the Reorganized Debtors (Claim No. 6020) (the “EOP Claim”);
WHEREAS, on March 31, 2003, the Committee filed its Objection to the EOP Claim seeking disallowance of the Claim (the “EOP Claim Objection”). The basis of the EOP Claim Objection is that, based on its review of the Reorganized Debtors books and records, the Committee believes that the underlying lease has been assumed or renegotiated, resulting in no amount owing from the Reorganized Debtors on the EOP Claim;
WHEREAS, subsequent to the filing of the EOP Claim, the BOP Claim was resolved by the parties;
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 BOP Claim and the EOP 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 BOP Claim, and noting 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. EOP hereby consents to the relief requested in the FOP Claim Objection and the BOP Claim (Claim No. 6020) is disallowed in its entirety; and
2. Each party to bear its own fees and costs.
SO ORDERED