Opinion
Case No. 399-0264, Jointly Administered, Adv. Proc. No. 301-1163A (Routine Maintenance)
January 13, 2004
Wally W. Dietz, Esq., Bass, Berry Sims PLC, Nashville, TN, for Debtors and Debtors in Possession
Paul G. Jennings, Esq., Bass, Berry Sims PLC, Nashville, TN, for Debtors and Debtors in Possession
Beth A. Dunning, Esq., Bass, Berry Sims PLC, Nashville, TN, for Debtors and Debtors in Possession
Charles F. Smith, Esq., Skadden, Arps, Slate, Meagher Flom (Illinois), Chicago, IL, for Debtors and Debtors in Possession
Van C. Durrer, II, Esq., Skadden, Arps, Slate, Meagher Flom (Illinois), Chicago, IL, for Debtors and Debtors in Possession
Mark H. Westlake, Gullett, Sanford, Robinson Martin, P.L.L.C., Nashville, TN, for the Defendant
AGREED ORDER OF VOLUNTARY DISMISSAL
Upon the agreement of the parties, as signified by the signatures below, that this adversary proceeding should be dismissed; and the Court being otherwise sufficiently advised; the Court therefore FINDS, ADJUDGES AND DECREES:
A. Prior to March 14, 2001, the Plaintiffs, Service Merchandise Company, Inc. ("Service Merchandise") and 31 of its affiliates (the "Affiliate Debtors"; collectively, with Service Merchandise, the "Plaintiffs"), initiated the above-captioned adversary proceeding by filing their Complaint to Avoid Preferential Transfers and to Recover Amount of Such Transfers (the "Complaint") against the defendant, Randall's Maintenance Landscaping, Inc. (the "Defendant").
B. The Debtors have agreed that the claims and causes of action against the Defendant in this adversary proceeding should be voluntarily dismissed, pursuant to Rule 7041 of the Federal Rules of Bankruptcy Procedure.
NOW, THEREFORE, IT IS HEREBY ORDERED that the Complaint shall be, and hereby is, dismissed, with prejudice, with no cost to either party.