Case No. 02-13533 (AJG), (Jointly Administered)United States Bankruptcy Court, S.D. New York
November 18, 2003
CONSENT ORDER RESOLVING MOTION OF CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR ORDER AUTHORIZING VERIZON WIRELESS TO COMMENCE AND PROCEED WITH ARBITRATION IN CONNECTION WITH POST-PETITION CONTRACT DISPUTES
ARTHUR GONZALEZ, Bankruptcy Judge
Upon the cross motion, dated October 14, 2003 (the “Motion”), of Cellco Partnership d/b/a Verizon Wireless for an order authorizing Verizon Wireless, to the extent necessary, to commence and proceed with arbitration of post-petition contract disputes in accordance with the arbitration procedures under the Access Agreements, all as more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 157
and 1334 and the Standing Order of Referral of Cases to Bankruptcy Court Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C. J.); and due and proper notice of the Motion having been provided; and the parties having agreed to the relief requested as set forth herein it is hereby
ORDERED that the Motion is GRANTED as set forth herein, and it is further
ORDERED that capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Motion, and it is further
Page 2
ORDERED that the parties are permitted to and shall commence and proceed with Arbitration of any post-petition Disputed Charges through the effective date of the rejection of the Access Agreements in accordance with the arbitration procedures set forth in the Access Agreements; and it is further
ORDERED that Verizon Wireless is permitted to liquidate its claims for post-petition Disputed Charges in the Arbitration, provided, however, that any issue regarding the allowance of any arbitration award in favor of Verizon Wireless shall be reserved for decision by this Court. Verizon Wireless shall not enforce any arbitration award in its favor without further Order of this Court; provided, however, that should an arbitration award be made or sought to be enforced after entry of a final decree in these chapter 11 cases, such award may be enforced, subject to the applicable provisions of the Plan and applicable provisions of title 11 of the United States Code, in any court of competent jurisdiction.
Page 1