Opinion
No. 301-13105
December 3, 2002
Attorneys for Regal Cinemas, Inc.: Paul G. Jennings, Sheldon M. Francis, BASS, BERRY SIMS PLC, Nashville, Tennessee, Herbert S. Sanger, Jr., WAGNER, MYERS AND SANGER, P.C., Knoxville, TN.
Attorneys for Claimants: Susan Limor, Nashville, TN., Michael J. Canning, ARNOLD PORTER, New York, NY.
AMENDED NOTICE AND AMENDED AGREED ORDER RESOLVING CLAIMS OF FOREST CITY COMPANIES AND CERTAIN SUBCONTRACTORS
FC Steinway Street Associates, LLC, Claim No. 01186, (Kaufman Astoria 14);FC/Treeco Columbia Park, LLC, Claim No 01187, (Columbia Park 12); FC Court Street Associates, LLC, Claim No. 01188, (Court Street 12); FC Forest Avenue Associates, LLC, Claim No. 01189 (Forest Avenue 16); FC Battery Park Assocciates, LLC, Claim No. 01190 (Battery Park); FC Construction Services, LLC, Claim No. 01191 (Court Street 12, Battery Park and Forest Avenue 16); ABCO Maintenance Inc., Claim No. 01192; A, Liss Company, Inc., Claim No. 00099; Baybent Construction Corp., Claim No. 01193; Concorde Flooring Systems, Claim No. 01208 Economy Plumbing Heating Co., Claim No. 00032; Empire City Iron Works FC Forest Avenue Associates, LLC, Claim No. 01182; Farad Concrete Corporation, Claim No. 01196; Fred Geller Electrical, Claim No. 01197; Heritage Air Systems, Claim No. 01198; High Rise Hoisting Scaffolding, Inc., Claim No. 01200; Interstate Iron Works Corp., Claim No. 01201; Kal Tech Industries Group, Inc., Claim No. 01202; L L Painting Co., Claim Nos. 01203, 01204, 01205; Long Island Fireproof Door, Inc., Claim No. 01206; Louis L. Buttermark Sons, Inc. and FC Forest Avenue Associates, LLC, Claim No. 01181; Mueser Rutledge, Claim No. 01207; Northeast Stucco Systems, Inc., Claim No. 01209; Ornamental Metals Group, Claim No. 01195; Par the Plumbing Company Inc., Claim No. 01210; Rael Automatic Sprinkler Co., Claim No. 00981; Restor Technologies FC Forest Avenue Associates, LLC, Claim No. 01184; Richard Terranova Construction Corp., Claim No. 01211; and Woodworks Construction Co., Inc., Claim No. 01074.
AMENDED NOTICE
Notice is hereby given that Regal Cinemas, Inc. and FC Battery Park Associates, LLC, FC Court Street Associates, LLC, FC Forest Avenue Associates, LLC, FCR Canstruction Services, LLC, FC Steinway Street Associates, LLC, FC/Treeco Columbia Park, LLC (collectively, the "Forest City Companies") and claims filed with Forest City Companies by Economy Plumbing Heating Co.; High Rise Hoisting Scaffolding, Inc.; Long Island Fireproof Door, Inc.; and Rael Automatic Sprinkler Co. (collectively, the "Subcontractors"), have submitted the attached Amended Agreed Order Resolving the Claims of the Forest City Companies and Subcontractors (the "Amended Agreed Order") to the Court, and the amended Agreed Order has been entered by the Court. On November 22, 2002, the Court entered a Notice and Agreed Order Resolving Claims of Forest City Companies and Subcontractors (Docket No. 1670) (the "Earlier Agreed Order"). The Debtors and Forest Cities Companies have identified portions of the Earlier Agreed Order that need to be amended to more accurately reflect the agreement between the parties. Accordingly, the parties have submitted the attached Amended Agreed Order, and the Court has entered the Amended Agreed Order, which correctly reflects the agreement between the parties. Any Objections to the relief granted in the attached Amended Agreed Order must be filed with the Bankruptcy Court for the Middle District of Tennessee in accordance with the Federal Rules of Bankruptcy Procedure and Rule 9013-1 of the Local Rules of Bankruptcy Procedure within twenty (20) days of the date of service of this Amended Notice and Amended Agreed Order Resolving Claims of Forest City Companies and Subcontractors, and served upon the following parties: (i) Bass, Berry Sims PLC, Co-Attorneys for the Debtors, 315 Deaderick Street, Suite 2700, Nashville, Tennessee 37238-0002, Attn.: Paul G. Jennings, Esq. and Sheldon M. Francis, Esq.; (ii) Wagner, Myers and Sanger, P.C., 1801 First Tennessee Plaza, 800 South Gay Street, Knoxville, TN 37929 Attn: Herbert S. Sanger, Jr. (iii) Susan Limor, 611 Commerce Street, Suite 2727, Nashville, TN 37203, and (iv) Arnold and Porter, 399 Park Avenue, 34th Floor, New York, N.Y. 10022-4690, Attn: Micheal J. Canning. A hearing will be held as scheduled by the Court on any timely filed and served Objection. If no timely Objections to the Amended Agreed Order are filed and served, the Amended Agreed Order will be deemed effective as of the date of entry.
AMENDED AGREED ORDER RESOLVING CLAIMS OF FOREST CITY COMPANIES AND SUBCONTRACTORS
This matter having come to be heard on the Debtors' Objection to Allowance and/or Classification of Certain Real Estate and Contractual Claims and the Debtors' Objection To Allowance and/or Classification of Certain Claims Based on the Debtor' Books and Records (the "Objections"); and the parties having agreed that FC Battery Park Associates, LLC, FC Court Street Associates, LLC, FC Forest Avenue Associates, LLC, FCR Construction Services, LLC, FC Steinway Street Associates, LLC, FC/Treeco Columbia Park, LLC (collectively, the "Forest City Companies") having acquired all or a number of the claims arising from the relationship between Regal Cinemas, Inc. and the Forest City Companies and Subcontractors having filed claims with the Forest City Companies (the "Claims"), and the parties having further agreed, as evidenced by the signatures of counsel below, that the Claims have been resolved; and the Court being satisfied that the relief set forth herein is appropriate under the circumstances; and the Court being otherwise sufficiently advised; it is hereby,
FC Steinway Street Associates, LLC, Claim No. 01186, (Kaufman Astoria 14);FC/Treeco Columbia Park, LLC, Claim No 01187, (Columbia Park 12); FC Court Street Associates, LLC, Claim No. 01188, (Court Street 12); FC Forest Avenue Associates, LLC, Claim No. 01189 (Forest Avenue 16); FC Battery Park Associates, LLC, Claim No. 01190 (Battery Park); FC Construction Services, LLC, Claim No. 01191 (Court Street 12, Battery Park and Forest Avenue 16); ABCO Maintenance Inc., Claim No. 01192; A, Liss Company, Inc., Claim No. 00099; Baybent Construction Corp., Claim No. 01193; Concorde Flooring Systems, Claim No. 01208 Economy Plumbing Heating Co., Claim No. 00032; Empire City Iron Works FC Forest Avenue Associates, LLC, Claim No. 01182; Farad Concrete Corporation, Claim No. 01196; Fred Geller Electrical, Claim No. 01197; Heritage Air Systems, Claim No. 01198; High Rise Hoisting Scaffolding, Inc., Claim No. 01200; Interstate Iron Works Corp., Claim No. 01201; Kal Tech Industries Group, Inc., Claim No. 01202; L L Painting Co., Claim Nos. 01203, 01204, 01205; Long Island Fireproof Door, Inc., Claim No. 01206; Louis L. Buttermark Sons, Inc. and FC Forest Avenue Associates, LLC, Claim No. 01181; Mueser Rutledge, Claim No. 01207; Northeast Stucco Systems, Inc., Claim No. 01209; Ornamental Metals Group, Claim No. 01195; Par the Plumbing Company Inc., Claim No. 01210; Rael Automatic Sprinkler Co., Claim No. 00981; Restor Technologies FC Forest Avenue Associates, LLC, Claim No. 01184; Richard Terranova Construction Corp., Claim No. 01211; and Woodworks Construction Co., Inc., Claim No. 01074.
ORDERED that the Claims have been resolved as set forth in the chart below. All claims with $0.00 listed in the "Allowable Claim" column in the chart below are hereby disallowed in full and shall receive no payment on account of such Claim.
For each of the Claims, except as stated in the next paragraph, the payee filed in the subject case an assignment to it of the claim. Also, the Forest City Companies filed a response on the claim initially filed by Breeze National, Inc., Claim No. 01194, (the "Breeze Claim"), butte Debtors had theretofore resolved the Breeze Claim with the named claimant, filed a stipulation and paid Breeze National, Inc. The Forest City Companies have no claim on the Breeze Claim, and have not filed an assignment on the Breeze Claim.
In their response to the Objections, the Forest City Companies also filed responses on the following Subcontractor claims: Economy Plumbing and Heating Co., Claim No. 00032, High Rise Hoisting and Scaffolding, Inc., Claim No. 01200, Long Island Fireproof Door, Inc. Claim No. 01206, and Rael Automatic Sprinkler Co. Claim No. 00981. of these four claims, the Forest City Companies only filed an assignment on the Rael Automatic Sprinkler Co. Claim. The Forest City Companies do not claim payment on any of these four claims, and accordingly, they are listed as allowed but payable to the named claimant.
IT IS FURTHER ORDERED that the Forest City Companies and the Subcontractors, and any affiliated entities, including, but not limited to, any and all parties or claimants referenced in this Amended Agreed Order, any subcontractors, landlords, construction managers or agents which are related to, or affiliated with, any of the Forest City Companies and Subcontractors shall have no claims other than as set forth herein, and are hereby barred from asserting any further claims against the Debtors; and
IT IS FURTHER ORDERED that any Objections to the relief granted it this Amended Agreed Order must be made in writing and served upon (i) Bass, Berry Sims PLC, Co-Attorneys for the Debtors, 315 Deaderiek Street, Suite 2700, Nashville, Tennessee 31238-0002, Attn.: Paul G. Jennings, Esq. and Sheldon M. Francis, Esq.; (ii) Wagner, Myers and Sanger, P.C., 1801 First Tennessee Plaza, 800 South Gay Street, Knoxville, TN 37929 Attn: Herbert S. Sanger, Jr. (iii) Susan Limor, 611 Commerce Street, Suite 2727, Nashville, TN 37203, and (iv) Arnold and Porter, 399 Park Avenue, 34th Floor, New York, N.Y. 10022-4690, Attn: Michael J. Canning, within twenty (20) days of the date of service of this Amended Agreed Order, and filed with the United States Bankruptcy Court for the Middle District of Tennessee within twenty (20) days of the date of service of this Amended Agreed Order. Any Objection filed must conform to the Federal Rules of Bankruptcy Procedure and Rule 9013-1 of the Local Rules of Bankruptcy Procedure; and
IT IS FURTHER ORDERED that unless a written Objection is timely filed and served as set forth herein, this Amended Agreed Order will be deemed final and effective as of the date of entry by the Court, without further notice or hearing; and
IT IS FURTHER ORDERED that this Amended Agreed Order shall replace and supercede the Earlier Agreed Order (Docket No. 1670) previously entered by this Court.