Opinion
Case No. 06-13250-NVA.
November 17, 2008
Joel I. Sher, Bar No. 00719 Richard M. Goldberg, Bar. No. 07994, SHAPIRO SHER GUINOT SANDLER, Baltimore, MD, SIMPSON THATCHER BARTLETT LLP, David J. Woll, Elisa Alcabes, New York, NY, Attorneys for Travelers.
Mark J. Friedman, Susan S. Maher, Esquire, DLA Piper US, Baltimore, MD, Attorneys for Lloyd E. Mitchell, Inc..
Brian A. Coleman, Drinker Biddle Reath LLP, Washington, DC, Attorneys for OneBeacon America Insurance Company.
STIPULATION AND CONSENT ORDER EXTENDING AUTOMATIC STAY PENDING HEARING
The Travelers Indemnity Company, on behalf of itself, Travelers Insurance Company and Travelers Casualty and Surety Company (collectively, "Travelers"), OneBeacon America Insurance Company ("OneBeacon"), and Lloyd E. Mitchell, Inc. (the "Debtor") (together with Travelers, and OneBeacon, the "Parties"), by their respective undersigned counsel, enter into this Stipulation and Consent Order, as follows:
WHEREAS, on October 15, 2008, Travelers filed its Motion for Relief from the Automatic Stay to Fully Participate in the Harford County Action [Dkt. No. 749] (the "Motion"); and
WHEREAS, on October 29, 2008, OneBeacon filed its Amended Joinder in Travelers' Motion for Relief from the Automatic Stay to Fully Participate in the Harford County Action [Dkt. No. 766] (the "Joinder"); and
WHEREAS, on November 3, 2008, the Debtor filed (i) its Response to OneBeacon America Insurance Company's Amended Joinder to Travelers Motion for Relief from the Automatic Stay to Fully Participate in the Harford County Action [Dkt. No. 771] and (ii) its Response to Travelers Motion for Relief from the Automatic Stay to Fully Participate in the Harford County Action [Dkt. No. 772]; and
WHEREAS, pursuant to Section 362(e)(1) of the Bankruptcy Code, thirty days after a request for relief from the automatic stay, such stay is terminated with respect to the party in interest making the request, unless the court "order[s] such stay continue[s] in effect pending the conclusion of, or as a result of, a final hearing and determination."
NOW THEREFORE, IT IS AGREED, STIPULATED, AND ORDERED that the automatic stay of Section 362(a) of the Bankruptcy Code shall remain in effect with respect to the relief sought in the Motion and Joinder pending conclusion of a hearing thereon.
SO ORDERED
THE COURT NOTES THAT THIS STIPULATION PROVIDES THAT THE STAY SHALL TERMINATE AT THE CONCLUSION OF THE HEARING AND MAKES NO PROVISION FOR THE EXTENSION OF THE STAY BEYOND THAT TIME IN THE EVENT THAT THE HEARING IS DEEMED TO BE A PRELIMINARY HEARING UPON ITS CONCLUSION OR THE MATTER IS TAKEN UNDER ADVISEMENT.
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-1 User: ckearney Date Created: 11/18/2008 Case: 06-13250 Form ID: pdfparty Total: 6 aty Brian A. Coleman brian.coleman@dbr.com aty Joel I. Sher bankruptcy@shapirosher.com aty Mark J. Friedman yvonne.garber@dlapiper.com aty Mark J. Friedman yvonne.garber@dlapiper.com TOTAL: 4 dbpos Lloyd E. Mitchell, Inc. Attn: Barry G. Isaac Gross Mendelsohn 36 S. Charles Street 18th Floor Baltimore, MD 21201 aty David J. Woll Simpson Thacher Bartlett LLP 425 Lexington Avenue New York, NY 10017-3954 TOTAL: 2