Opinion
Case No. 01-16034 (AJG), Chapter 11, Jointly Administered
January 23, 2002
ORDER DENYING MOVANTS' REQUEST FOR ORDER TRANSFERRING VENUE OF CHAPTER 11 CASES TO SOUTHERN DISTRICT OF TEXAS
Upon consideration of the motions (the "Motions") to transfer venue the chapter 11 cases of the above captioned debtors and debtors in possession (the "Debtors") to the Southern District of Texas of Dynegy, Inc. (and its affiliates), Statex Petroleum, Inc., Packaged Ice, Inc., (and its affiliates) and EC Power (collectively, "Dynegy") dated December 6, 2001; Petro-Hunt, LLC., Tenaska Marketing Ventures, Pioneer Resources USA, Inc., Pure Resources, Inc., Spinnaker Exploration Company, Equiva Trading Company, Shell Chemical Risk Management Company, Shell Chemical LP, and Dunhill Resources I, LLC dated December 5, 2001 (collectively, "Dunhill"); Pamela M. Tittle; Thomas O. Padgett and Gary S. Dreadin dated December 4, 2001; Southern Ute Indian Tribe d/b/a Red Willow Production Company (the "Tribe") dated December 7, 2001; and the joinder motions filed by Reliant Energy Services, Inc. dated December 11, 2001; Anning Johnson-Company, Contour Energy Co., PDM Strocal Phillips Petroleum Company dated December 21, 2001; El Paso Merchant Energy L.P. dated December 21, 2001; the Texas Comptroller of Public Accounts, Texas Workforce Commission, Texas General Land Office and Texas Natural Resource Conservation Commission dated December 11, 2001; the Florida State Board of Administration dated January 4, 2001; and EXCO Resources, Inc dated December 13, 2001 (together, "the Movants") and the oppositions (the "Oppositions") dated January 3, 2002, filed by the Debtors; the Statutory Creditors' Committee; J.P. Morgan Chase Bank Co.; and Citibank, N.A. and Citicorp USA; and the statements in support of opposition (the "Statements") and the replies (the "Replies") dated January 5, 2002, filed by Tribe, Dunhill and Dynegy; and the Limited Stipulation of Facts dated January 5, 2002, filed by Movants and the Debtors; and all other pleadings filed with the Court; and the Court having jurisdiction to consider the Motions, Oppositions, Statements and Replies and the relief requested therein pursuant to 28 U.S.C. § 1334; and upon the proceedings held before the Court on due notice on January 7, 2002; and upon the arguments of counsel presented at the hearing; and for all the reasons set forth in this Court's Memorandum Decision of January 11, 2002; and after due deliberation good and sufficient cause appearing therefor; it is hereby
ORDERED that the Motions for an order transferring the Debtors' chapter 11 cases from the Southern District of New York to the Southern District of Texas are denied.