Opinion
Case No. 399-02649, Jointly Administered, Adv. Proc. No. 301-0572
January 6, 2004
Paul G. Jennings, Esq., Beth A. Dunning, Esq., Bass, Berry Sims PLC, Nashville, TN, for Debtors and Debtors in Possession
Patrick J. Nash, Jr., Esq., Skadden, Arps, Slate, Meagher Flom (Illinois), Chicago, IL, for Debtors and Debtors-in-Possession
William L. Norton, III, Esq., Boult, Cummings, Conners Berry, PLC, 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 for Damages and Related Relief (the "Complaint") against the defendant, Gibson Guitar Corp. (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, each party bearing its own costs.