Opinion
Case No. 01-16034 (AJG) (Confirmed).
August 26, 2005
ORDER GRANTING DEBTORS' OBJECTION TO PROOFS OF CLAIM NOS. 15229-15235 FILED BY OSCAR'S PHOTO LAB AND DENYING MOTION TO AMEND CERTAIN PROOFS OF CLAIM
Upon the debtors' Objection filed on February 1, 2005 to proofs of claim nos. 15229-15235 filed by Oscar's Photo Lab (proofs of claim nos. 15229-15235 are hereinafter collectively referred to as the "Claims") and the memorandum of law and supporting declaration of Edward A. Smith filed in support of the Objection, Oscar's Photo Lab's Opposition to the Objection filed on March 7, 2005 and the Declaration of Christopher Collins, Request for Judicial Notice And Lodgment and letter from Barry R. Himmelstein dated April 26, 2005 filed in Opposition to the Objection, and the debtors' reply memorandum filed on April 13, 2005 and letter dated April 21, 2005 from Mark C. Ellenberg in further support of the Objection and the Court having held a hearing on the Objection on April 14, 2005; and
Upon the Motion by Oscar's Photo Lab to amend proofs of claim nos. 15231-15233 filed on March 15, 2005 (the "Motion to Amend"), which attached copies of proposed amended claims (the "Proposed Amended Claims") and the memorandum of law filed in support of the Motion to Amend, and the Debtors' Opposition to the Motion to Amend filed on April 11, 2005, and the Court having held a hearing on the Motion to Amend on April 14, 2005; and
The Court having issued an Opinion Sustaining Debtors' Objection To Proofs Of Claim Nos. 15229-35 Filed By Oscar's Photo Lab And Motion To Amend Certain Proofs Of Claim Filed By Oscar's Photo Lab dated August 5, 2005; and upon all of the proceedings had before the Court; and after due deliberation, it is
ORDERED, FOUND AND DETERMINED that the Claims are preempted by the Federal Power Act and precluded by the filed rate doctrine; and it is further
ORDERED that the Claims are hereby disallowed and expunged in all respects; and it is further
ORDERED, FOUND AND DETERMINED that the Proposed Amended Claims do not relate back to the date of the filing of the Claims and were not timely filed; and it is further
ORDERED, FOUND AND DETERMINED that the Proposed Amended Claims are barred by the provisions of paragraph 37 of the Confirmation Order precluding the assertion of "any other and further Claims" against the debtors; and it is further
ORDERED that the Motion to Amend is denied in all respects; and it is further
ORDERED, FOUND AND DETERMINED that, even if the Court were to grant leave to file Proposed Amended Claims, the gas market manipulation claims asserted in the Proposed Amended Claims would be barred by the filed rate doctrine.