Opinion
Case Nos. 06-12769 (PM) and 06-12770 (PM), Jointly Administered.
August 21, 2008
AGREED AND CONSENTED TO: PLATZER, SWERGOLD, KARLIN, LEVINE, GOLDBERG JASLOW, LLP, By: Sydney G. Platzer, Esq., Andrew S. Muller, Esq., New York, New York, Counsel for the Plan Administrator.
By: Jennifer Larkin Kneeland, Federal Bar No. 14916, Bethesda, Maryland.
Jeffrey L. Tarkenton (Federal Bar No. 03268), Todd D. Ross (Federal Bar No. 17186), Washington, DC, And Steven K. Kortanek, John H. Strock, Womble Carlyle Sandridge Rice, PLLC, Wilmington, Delaware, Counsel for the Claimant.
WHEREAS, on October 15, 2007, Bradford F. Englander, Plan Administrator ("Plan Administrator") for Mastercraft Interiors, Ltd. and Kimels of Rockville, Inc. (the "Debtors") filed the Fourth Omnibus Objection to Allowance of Claims; Request for Status Conference and Scheduling Order (Docket No. 584) (the "Objection"); and
WHEREAS, the Plan Administrator objected to claim number 288 of LaBarge Mirrors, Inc. a/k/a Maitland-Smith USA, Inc. ("Claimant") in the Objection; and
WHEREAS, on May 13, 2008, the Plan Administrator filed an adversary proceeding against Maitland Smith Furniture Industries, Inc., et al., case number 08-0393, to rework certain transfers made by the Debtors to Maitland Smith Furniture Industries, Inc., and
WHEREAS, the Plan Administrator incorporated his objections to the claim filed by the Claimant in the adversary proceeding and it is the interest of the parties to resolve the Plan Administrator's objection to Claimant's claim in the adversary proceeding; it is hereby
STIPULATED, AGREED AND ORDERED, that in an effort to avoid duplicitous proceedings and to conserve resources, the objection to claim number 288 included in the Objection is hereby dismissed without prejudice as it will be resolved in the above referenced adversary proceeding.