Opinion
Case No. 01-16034 (AJG), Jointly Administered.
June 15, 2005
WEIL, GOTSHAL MANGES LLP, Attorneys for the Reorganized Debtors, New York, New York, Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571), Michael P. Kessler (MK 7134).
NIXON PEABODY LLP, Attorneys for Lucelia and Ojibway, William S. Thomas, Jr. (WT 2641), New York, New York.
Enron Corp. and Enron Power Marketing, Inc., for themselves and certain of their affiliates (collectively, the "Reorganized Debtors"), The Lucelia Foundation, Inc. ("Lucelia") and Ojibway, Inc. ("Ojibway"), by and through their respective counsel, do hereby stipulate as follows:
A. Pursuant to two Objections, each dated December 22, 2004 (collectively, the "Objections"), the Reorganized Debtors objected to: (i) the proofs of claim, having Claim Nos. 11018, 11019, 14661, 14671, 15816, 15817 and 15819, filed by Lucelia; and (ii) the proofs of claim, having Claim Nos. 11020, 11021, 14676 and 20010, filed by Ojibway.
B. Pursuant to this Court's Order Confirming Supplemental Modified Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, and Related Relief, dated July 15, 2004, the Reorganized Debtors must have filed all objections to claims, on or before March 14, 2005 (the "Objection Deadline").
C. The hearing to consider the Objections (the "Hearing") initially was adjourned from March 10, 2005 to April 21, 2005 at 10:00 a.m. New York City time, and the deadline for responses to the Objections (collectively, the "Responses"), if any, initially was extended from February 20, 2005 to April 8, 2005 at 5:00 p.m. New York City time, each pursuant to a Stipulation and Order, dated February 22, 2005.
D. Thereafter, the parties: (i) extended the time for Lucelia and Ojibway to submit Responses, if any, to the Objections until May 18, 2005 at 5:00 p.m. New York City time; (ii) preserved the right of the Reorganized Debtors to object to the Responses after the Objection Deadline; and (iii) adjourned the Hearing until May 26, 2005 at 10:00 a.m. New York City time, each pursuant to a Stipulation and Order, dated April 8, 2005.
E. Thereafter, the parties: (i) extended the time for Lucelia and Ojibway to submit Responses, if any, to the Objections until June 15, 2005 at 5:00 p.m. New York City time; (ii) preserved the right of the Reorganized Debtors to object to the Responses after the Objection Deadline; and (iii) adjourned the Hearing until June 23, 2005 at 10:00 a.m. New York City time, each pursuant to a Stipulation and Order, dated May 18, 2005.
F. The parties now agree that it is in their mutual best interest to: (i) extend the time for Lucelia and Ojibway to submit Responses, if any, to the Objections until June 17, 2005 at 5:00 p.m. New York City time; and (ii) preserve the right of the Reorganized Debtors to object to the Responses after the Objection Deadline; provided, however, that the foregoing is without prejudice to the rights of the Reorganized Debtors to adjourn the Hearing, from time to time.
NOW, THEREFORE, the parties hereto, by and through their respective counsel, do hereby agree as follows:
1. Lucelia and Ojibway shall have until June 17, 2005 at 5:00 p.m. New York City time to file their Responses, if any, to the Objections, and the Reorganized Debtors shall have the right to object to the Responses after the Objection Deadline.
2. The Hearing remains scheduled for June 23, 2005 at 10:00 a.m., New York City time; provided, however, that the foregoing is without prejudice to the rights of the Reorganized Debtors to adjourn the Hearing, from time to time.