Opinion
Case No. 01-16034 (AJG), Jointly Administered
May 23, 2003
CADWALADER, WICKERSHAM TAFT LLP, Special Counsel to the Debtors, New York, New York, Barry J. Dichter (BD 0008), Evan R. Fleck (EF 3477), and Mark C. Ellenberg, Washington, DC.
ORDER TO SHOW CAUSE
Upon the Motion (the "Motion") of debtor Enron North America Corp. ("ENA" or the "Debtor"), pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure, directing examination and production of documents by Giant Eagle, Inc., ("Giant Eagle") and the Court having considered the Motion, and it appearing that good cause exists for granting an order to show cause under Local Rule 9077-1, it is hereby,
ORDERED, that Giant Eagle show cause at a hearing before the Honorable Arthur J. Gonzalez, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004 at 10:00 a.m. on June 12, 2003 or as soon thereafter as counsel can be heard, why an order should not be entered directing Giant Eagle to produce to ENA certain Financial Information (as that term is defined in the Motion); and it is
ORDERED, that on or before May 23, 2003, Debtor shall serve a copy of this Order, and the papers upon which it is based in accordance with the Court's Amended Case Management Order Establishing, Among Other Things, Noticing Electronic Procedures, Hearing Dates, Independent Website and Alternative Methods of Participation At Hearings, dated December 17, 2002 (the "Case Management Order"); and it is
ORDERED that responses or objections, if any, to the Motion and the relief requested therein must be made in writing, conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Bankruptcy Court, and be filed with the Bankruptcy Court electronically in accordance with General Order M-242 (General Order M-242 and the User's Manual for the Electronic Case Filing System can be found at www.nysb.uscourts.gov, the official website for the Bankruptcy Court), by registered users of the Bankruptcy Court's case filing system and, by all other parties in interest on a 3.5 inch disk, preferably in Portable Document Format (PDF), WordPerfect or any other Windows-based word processing format (with a hard copy delivered directly to Chambers) and shall be served in accordance with General Order M-242 and the Case Management Order and upon: (1) the Debtors, 1400 Smith Street, Houston, Texas 77002-7361, Attn: General Counsel; (2) Debtor's counsel, Cadwalader, Wickersham Taft LLP, 100 Maiden Lane, New York, New York 10038 (Attention: Barry J. Dichter, Esq.); (3) Togut, Segal Segal LLP, co-counsel to the Debtors, One Penn Plaza, New York, New York 10119, Attn: Albert Togut, Esq.; (4) Milbank, Tweed, Hadley McCloy LLP, counsel to the Creditors' Committee, One Chase Manhattan Plaza, New York, New York 10005, Attn: Luc Despins, Esq.; (5) the Office of the United States Trustee, 33 Whitehall Street, 21st Floor, New York, N.Y. 10004, Attn: Mary Elizabeth Tom, Esq.; (6) Davis, Polk Wardwell, 450 Lexington Avenue, New York, New York 10017, Attn.: Donald S. Bernstein, Esq., counsel to JP Morgan Chase Bank, as Agent; (7) Shearman Sterling, counsel to Citibank, N.A., 599 Lexington Avenue, New York, New York 10022, Attn.: Fredric Sosnick, Esq.; (8) counsel to any other statutory committee appointed in the Debtors' chapter 11 cases (the "Additional Committees"), (9) person, or counsel if retained, appointed pursuant to 28 U.S.C. § 1104, and (10) any party that has requested notice pursuant to Rule 2002 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") so as to be actually received by no later than 4:00 p.m. (New York Time) on June 10, 2003.