Jointly Administered Under, Case No. BK-N-01-31627-GWZUnited States Bankruptcy Court, D. Nevada.
May 19, 2003
WINSTON STRAWN, PATRICK A. MURPHY (CA State Bar #38832), TODD J. DRESSEL (NV State Bar #5936), GABRIEL M. BLOCK (CA State Bar #197352) San Francisco, CA, MCDONALD CARANO WILSON LLP, SYLVIA HARRISON (NV S.B. No. 4106), MICHAEL A.T. PAGNI (NV S.B. No. 6444), Reno, NV, Attorneys for Plan Committee
ROBISON, BELAUSTEGUI, SHARP LOW, JONES, GLEDHILL, HESS, FUHRMAN, BRADBURY EIDEN, P.A. Boise, Idaho, By: Scott D. Hess, Esq., Counsel for Tutor-Saliba Corporation
LIONEL SAWYER COLLINS, SKADDEN, ARPS, SLATE, MEAGHER FLOM, Reno, NV, By: Jennifer Smith, Esq., Counsel for the Reorganized Debtors
STIPULATED ORDER CONCERNING PROOF OF CLAIM FILED ON BEHALF OF TUTOR-SALIBA CORPORATION (CLAIM NO. 3547)
GREGG ZIVE, Chief Judge, Bankruptcy
Claimant Tutor-Saliba Corporation (“Tutor-Saliba”) and the Plan Committee (the “Committee”) in these Chapter 11 cases of Washington Group International, Inc., et al. (collectively, the “Debtors”), hereby stipulate and agree as follows:
WHEREAS, the Debtors commenced their bankruptcy cases on May 14, 2001;
WHEREAS, Robert L. Berger Associates, LLC (the “Claims Agent”), was designated as the Claims and Noticing Agent for purpose of receiving proofs of claim filed by entities asserting claims against the Debtors;
WHEREAS, Tutor-Saliba and its insurance caters, Insurance Company of the State of Pennsylvania and National Union Fire Insurance Company of Pittsburgh Pennsylvania, has filed claim number 3547 which remains unliquidated for certain causes of action as set forth in the matter o Morrison Knudsen Corporation, et al v. Tutor-Saliba Corporation et al,
Case No. CV-OC-98-02451D, pending in the District Court of the fourth Judicial District of the State of Idaho (the “Idaho Litigation”);
WHEREAS, the Court confirmed the Second Amended Joint Plan of Reorganization of Washington Group International, Inc., et al, as modified (the “Plan”), on December 21, 2001;
WHEREAS, pursuant to Section 8.1 of Article VIII of the Plan, the Committee is authorized to file objections to Claims;
WHEREAS, the deadline for the Committee to object to Tutor-Saliba’s Claim has been extended to May 30, 2003 (see Order Granting Plan Committee Limited Extension of Deadline to Object to Claims, entered April 2, 2003-, docket number 5200);
WHEREAS, the Idaho Litigation is currently proceeding;
WHEREAS, the parties agree that the most financially and judicially reasonable method to liquidate Tutor-Saliba’s Claim is in the pending Idaho Litigation.
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 Claim No. 3547 shall be deemed the subject of a pending objection for the purposes of the May 30, 2003 deadline set by the Court, within which the Committee must object to Claim No. 3547; and
2. Tutor-Saliba may proceed to liquidate its Claim in the pending Idaho Litigation, including the parties rights of appeal until such rights have been exhausted; provided, however, that Tutor-Saliba may not attempt to execute on any judgment against the Debtors or property of the Debtors’ estates without further order of this Court, including, but not limited to, receiving a distribution under the Second Amended Joint Plan of Reorganization, as Modified.