Opinion
Case No. 01-16034 (AJG), Jointly Administered
December 9, 2002
Gregory M. Petrick, Edward A. Smith, Cadwalader, Wickersham Taft, New York, New York, Mark C. Ellenberg, Washington, DC, Special Counsel to the Debtors.
Eric D. Wade, John F. Higgins, Porter Hedges, L.L.P., Houston, Texas, Richard M. Meth, Herrick, Feinstein, LLP, Newark, New Jersey, Attorneys for Bridgeline Holdings, L.P., et al.
STIPULATION AND ORDER
WHEREAS, on October 23, 2002, the Bridgeline Entities filed a First Amended Motion seeking relief from the automatic stay allowing for the setoff of allegedly mutual obligations or, alternatively, adequate protection (the "Setoff Motion") and
WHEREAS, on October 25, 2002, Bridgeline Holdings, L.P., Bridgeline Storage Company, LLC, Bridgeline Gas Marketing, LLC and Bridgeline Gas Distribution LLC (collectively, the "Bridgeline Entities") filed a First Amended Motion for an order compelling Enron North America Corporation ("ENA") to pay alleged administrative expenses (the "Administrative Claim Motion"); and
WHEREAS, the Court has scheduled a hearing on the Administrative Claim Motion and the Setoff Motion for December 9, 2002 at 11:00 a.m. (the "December 9 Hearing") and
WHEREAS, on November 8, 2002, ENA filed a motion for summary judgment seeking judgment as a matter of law on the Setoff Motion (the "Summary Judgment Motion"); and
WHEREAS, the Summary Judgment Motion is returnable on December 5, 2002 (the "Summary Judgment Hearing") and
WHEREAS, the parties desire to adjourn the Summary Judgment Hearing and the December 9 Hearing, and to agree on a discovery schedule and certain other procedural matters.
NOW, THEREFORE, the parties stipulate and agree as follows:
1. The December 9 Hearing is hereby adjourned to January 27, 2003 at 11:00 a.m.
2. The Summary Judgment Hearing is hereby adjourned to January 9, 2003 at 10:00 a.m.
3. Bridgeline shall serve its response to the Summary Judgment Motion (the "Summary Judgment Response") by facsimile transmission on or before January 2, 2003 at 7:00 p.m. (New York City time) and file its response on or before January 2, 2003.
4. ENA shall serve its reply, if any, to the Summary Judgment Motion Response by facsimile transmission on or before January 7, 2003 at 5:00 p.m. (New York City time) and file its reply on or before January 7, 2003.
5. The following depositions on the Administrative Claim Motion shall be scheduled for the following dates, times and locations (the "Depositions"):
Party Taking Witness Deposition Date Time Location Gerald Nemec Bridgeline Entities December 9, 2002 2:00 p.m. Porter Hedges, L.L.P. 700 Louisiana, Suite 3500 Houston, TX 77002 Hugh Connett ENA December 10, 2002 9:00 a.m. Porter Hedges, L.L.P. 700 Louisiana Suite 3500 Houston, TX 77002 Stuart Zisman ENA December 10, 2002 2:00 p.m. Porter Hedges, L.L.P. 700 Louisiana Suite 3500 Houston, TX 77002 6. Nothing in this Stipulation shall limit the rights of ENA or the Bridgeline Entities to conduct additional discovery in accordance with the Federal Rules of Bankruptcy Procedure, nor shall this Stipulation limit the rights of either party to oppose such discovery.7. The above schedule may be amended upon consent of ENA and the Bridgeline Entities or for good cause shown upon letter application to this Court.