Opinion
Case No. 01-16034 (AJG), No. 03-02064 (AJG)., 02-02719 (AJG), 02-02107 (AJG), 04-02968 (AJG).
May 18, 2005.
ORDER
Upon the Motion Of Reorganized Debtor Enron Power Marketing, Inc. For Limited Modification Of First Amended Order Governing Mediation Of Trading Cases In Light Of Federal Energy Regulatory Commission Orders Issued March 11 and 24, 2005 dated March 28, 2005, the Declaration of Mark Ellenberg dated March 28, 2005, the Objection Of The City Of Santa Clara To Motion Of Enron Power Marketing, Inc. To Terminate Mediation Stay dated May 9, 2005, the Declaration of Alan E. Gamza dated May 9, 2005, the Joinder Of Public Utility District No. 1 Of Snohomish County, Washington In The Objections To Enron Power Marketing, Inc.'s Motion To Terminate The Mediation Stay dated May 9, 2005, the Objection Of The Metropolitan Water District Of Southern California To Motion Of Enron Power Marketing, Inc. To Terminate Litigation Stay dated May 9, 2005, the Declaration of Diane Mahmud dated May 6, 2005, and the Objection Of Valley Electric Association, Inc. To Motion Of Enron Power Marketing, Inc. For Limited Modification Of First Amended Order Governing Mediation Of Trading Cases In Light Of Federal Energy Regulatory Commission Orders Issued March 11 and 24, 2005 dated May 9, 2005, and the Court having held a hearing on the Motion on May 12, 2005, and the Court having granted the Motion for the reasons stated on the record at the hearing; it is hereby
ORDERED, that the Motion is granted in all respects; and it is further
ORDERED, that litigation in the following four adversary proceedings is hereby permitted to proceed unencumbered by the stay provided for in this Court's First Amended Order Governing Mediation Of Trading Cases dated March 30, 2005 (the "Mediation Order"): (i) EPMI v. Santa Clara, No. 02-02719, (ii) EPMI v. Public Utility District No. 1 of Snohomish County, No. 03-2064, (iii) EPMI v. Valley Electric Association, No. 03-2107, and (iv) EPMI v. Metopolitan Water District, No. 04-02968; and it is further
ORDERED, that except as expressly otherwise provided in this Order, the Mediation Order shall remain in full force and effect.