Opinion
Case No. 01-16034 (AJG) Jointly Administered.
October 21, 2005
C. MacNeil Mitchell (CM 4615), WINSTON STRAWN LLP, New York, New York, -and- Gordon A. Coffee*, WINSTON STRAWN LLP, Washington, D.C., *appearing pro hac vice, Attorneys for Midland Cogeneration Venture Limited Partnership.
WEIL GOTSHAL MANGES LLP, Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571), Melanie Gray (Pro Hac Vice), New York, New York, Attorneys for Enron North America Corp., Reorganized Debtor.
WHEREAS on October 6, 2005, in the above-captioned action, Midland Cogeneration Venture Limited Partnership ("Claimant") filed with the Clerk of the Court, pursuant to Federal Rule of Bankruptcy Procedure 8001(a), that certain Notice of Appeal (the "Appeal") of the Opinion Sustaining Reorganized Debtors' Objection to Proof of Claim Filed By Midland Cogeneration Venture Limited Partnership (Claim No. 24829) of the Honorable Arthur J. Gonzalez, United States Bankruptcy Judge, entered on September 26, 2005 (the "Opinion");
WHEREAS the Appeal has not been docketed;
WHEREAS Enron North America Corp. ("ENA") contends that the Opinion was not an order, judgment, or decree that could be appealed pursuant to Federal Rule of Bankruptcy Procedure 8001(a); and
WHEREAS Claimant and ENA now desire to stipulate and agree to a voluntary dismissal of the Appeal without prejudice to, and with full reservation of, Claimant's rights, if any, to file a Notice of Appeal as to any order entered respecting the Opinion, pending entry of an order as directed by the Court, and without prejudice to, and with full reservation of, ENA's rights to defend against any such subsequent appeal, except for as expressly set forth below;
NOW THEREFORE, it is hereby STIPULATED and AGREED that:
1. ENA shall not assert at any time before this or any other Court that the Opinion was a judgment, order, or decree from which an appeal could be taken.
2. The Appeal shall be dismissed without prejudice pursuant to Federal Rule of Bankruptcy Procedure 8001(c)(1).
IT IS SO ORDERED.