Opinion
Case No. 399-02649 Jointly Administered.
April 5, 2004
B. Gail Reese, Klint Alexander, WYATT, TARRANT COMBS, LLP, Nashville, TN, Attorneys for LaSalle National Trust, N.A.
Matthew W. Schlegel, Matthew E. Thompson, KUPELIAN ORMOND MAGY, P.C., Southfield, MI, Attorneys for LaSalle National Trust, N.A.
Paul G. Jennings, Phillip G. Young, Jr., BASS, BERRY SIMS PLC, Nashville, TN, Attorneys for Service Merchandise Company, Inc., et al.
AGREED ORDER REGARDING CONSOLIDATION OF CONTESTED CLAIMS FILED BY LASALLE NATIONAL TRUST AND ADVERSARY PROCEEDING
WHEREAS, on October 17, 2003, Service Merchandise Company, Inc.et al. ("Reorganized Debtors"), commenced an adversary proceeding (the "Adversary Proceeding") against LaSalle National Trust, NA ("Defendant") (Adversary Proceeding No. 303-0565A);
WHEREAS, the Adversary Proceeding arises out of and relates to the above-captioned Chapter 11 cases commenced on March 27, 1999 (the "Bankruptcy Case");
WHEREAS, on February 20, 2004, the Court entered a Joint Pretrial Scheduling Order (the "Scheduling Order") in the Adversary Proceeding;
WHEREAS, on February 26, 2004, a pretrial conference in the Bankruptcy Case for Defendant's contested claims was scheduled for March 29, 2004 at 1:45 p.m. (Prevailing Central Time) under the Order Setting Pretrial Conference (the "Contested Matter");
Claim Nos. 5101, 5140, and 5215, as identified on Exhibit A of the Order Setting Pretrial Conference.
WHEREAS, the Adversary Proceeding and the Contested Matter arise out of the identical operative facts and involve the interpretation and application of the identical statutory provisions and law;
WHEREAS the parties have agreed, as evidenced by the signatures of counsel below, to consolidate the Adversary Proceeding and the Contested Matter for all purposes, including discovery and trial; and
WHEREAS, the Court being otherwise sufficiently advised,
NOW, THEREFORE, IN ORDER TO CONSERVE JUDICIAL RESOURCES BY AVOIDING UNNECESSARY DUPLICATION OF EFFORTS BY THE COURT, IT IS HEREBY ORDERED AND DECREED:
1. Upon immediate entry of this Order, the Adversary Proceeding and the Contested Matter shall be consolidated for all purposes, including discovery and trial.
2. The Scheduling Order issued in the Adversary Proceeding shall control the schedule of both matters.