Case No. BK-N-01-31627-GWZ, Jointly Administered UnderUnited States Bankruptcy Court, D. Nevada.
June 11, 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.
Thomas A. Connop, Esq., LOCKE LIDDELL SAPP LLP, Dallas, TX, Counsel for the SERBO 8333 DOUGLAS, INC.
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 SERBO 8333 DOUGLAS, INC. (CLAIM NO. 15738)
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 SERBO 8333 Douglas, Inc. (“SERBO”), by and through their undersigned counsel, hereby Stipulate and Agree and this Court hereby Finds and Orders as follows:
WHEREAS, on January 30, 2002, SERBO filed a proof of claim against the Reorganized Debtors in the amount of $114,841.20 (Claim No. 15738) (the “SERBO Claim”);
WHEREAS, on March 31, 2003, the Committee filed its Objection to the SERBO Claim (the “SERBO Claim Objection”);
WHEREAS, subsequent to the filing of the SERBO Claim Objection, the parties resolved their differences as to the SERBO Claim;
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 SERBO Claim and the SERBO 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 SERBO 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 SERBO Claim (Claim No. 15738) shall be an Allowed Class 7 Claim in the full amount of $114,841.20; and
2. Each party to bear its own fees and costs.
STIPULATED and AGREED.
SO ORDERED.