Opinion
Case No. 02-14261 Jointly Administered.
August 11, 2005
Ethan D. Fogel, Jeffrey K. Daman, DECHERT LLP, Philadelphia, Pennsylvania, and James W. Gardner, HENRY WATZ GARDNER, SELLARS GARDNER, PLLC, Victorian Square, Lexington, Kentucky, Counsel to Twelvepole Limited Partnership and to Huntington Realty Corporation.
Charles I. Jones, Jr., CAMPBELL, WOODS, BAGLEY, EMERSON, McNEER HERNDON, PLLC, Charleston, West Virginia, Counsel to Harvey Holding Company.
John S. Sawyer, Robert V. Sartin, Martin B. Tucker, SAWYER GLANCY, PLLC, Lexington, Kentucky, and Charles M. Oellermann, JONES DAY, 325 John H. McConnell Boulevard, Columbus, Ohio, Counsel to International Coal Group, Inc.
This Agreed Order is made as of August 11, 2005 by and among International Coal Group, Inc. (together with its affiliates, "ICG") and Twelvepole Limited Partnership, Huntington Realty Corporation and Harvey Holding Company (collectively, the "Lessors"). The parties agree through their undersigned counsel as follows:
A. On July 25, 2005, ICG filed its Motion for Order Enforcing Debtors' Chapter 11 Plans, Orders Confirming Plans and Order Approving Sale With Respect to Assumption and Assignment of Nonresidential Real Property Leases With Huntington Realty Corporation, Twelvepole Limited Partnership and Harvey Holding Company (Docket No. 6603) (the "Motion").
B. The hearing on the Motion presently is scheduled to be heard on August 30, 2005 at 9:30 a.m. The parties hereto have agreed to adjourn the hearing on the Motion to October 3, 2005, and have agreed to a briefing schedule on the Motion as set forth below. Page 2
The Court, finding that: (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and (c) notice of this matter was sufficient under the circumstances; and the Court having determined that just cause exists for the relief granted herein.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. The deadline for any of the Lessors or any other party in interest to file and serve a response to the Motion shall be September 16, 2005.
2. The deadline for ICG to file and serve any reply to responses to the Motion shall be September 26, 2005.
3. The parties may by agreement and without further order of this Court extend either of the deadlines set forth above, provided that no such extension shall permit a pleading to be filed within 48 hours of the hearing on the Motion.
4. The hearing on the Motion shall be held on October 3, 2005 at 9:30 a.m., provided (i) that the parties may agree to further adjourn the hearing by submitting one or more notices of further adjournment to the Court and (ii) if the hearing is further adjourned then the deadlines set forth in Paragraphs 1 and 2 above shall be continued and adjourned to correspond to the subsequent hearing date.