Opinion
Case No. BK-N-01-31627-GWZ.
February 27, 2004
WINSTON STRAWN LLP, PATRICK A. MURPHY (CA S.B. No. 038832), TODD J. DRESSEL (NV S.B. No. 5936), GABRIEL M. BLOCK (CA S.B. No. 197352), San Francisco, CA, Attorneys for Plan Committee.
McDONALD CARANO WILSON LLP, SYLVIA HARRISON (NV S.B. #4106), Reno, Nevada, Attorneys for the Plan Committee.
Joan C. Wright, Esq., Carson City, Nevada, and John Sieger, Esq., Jenner Block LLC., Chicago, IL.
Sylvia Harrison, Esq., Reno, Nevada, and Todd J. Dressel, Esq., Winston Strawn LLP, San Francisco, CA, Attorneys for the Plan Committee.
David C. McElhinney, Esq., Beckley Singleton, Reno, NV, and Peter D. Schellie, Esq., Bingham McCutchen LLP., Washington, DC, Attorneys for Raytheon Company.
STIPULATION AND ORDER TO WITHDRAW PROOFS OF CLAIM BY EXELON FORE RIVER DEVELOPMENT, LLC AND EXELON MYSTIC DEVELOPMENT, LLC (CLAIMS 14508, 14509).
The Plan Committee (the "Committee") in these Chapter 11 Bankruptcy cases (collectively, the "Proceeding") of Washington Group International, Inc., et al. (the "Debtors"), and Exelon Fore River Development, LLC ("Exelon Fore River") and Exelon Mystic Development, LLC ("Exelon Mystic") by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, Exelon Fore River has filed the following claim: Claim No. 14509, filed on or about August 23, 2001 ("Claim 14509");
WHEREAS, Exelon Mystic has filed the following claim: Claim No. 14508, filed on or about August 23, 2001 (collectively with Claim 14509, the "Exelon Claims");
WHEREAS, on or about March 31, 2003, the Plan Committee filed its Objection to the Exelon Claims;
WHEREAS, on or about May 23, 2003, Exelon Fore River and Exelon Mystic filed its Response and Opposition to the Plan Committee's Objection;
WHEREAS, at a hearing on June 12, 2003, this Court ordered that the dispute regarding the Exelon Claims be resolved through an adversary proceeding;
WHEREAS, on or about September 2, 2003, Exelon Fore River and Exelon Mystic filed the Complaint in Adversary Proceeding and the matter was assigned Adversary Proceeding No. 03-05091 (the "Adversary Proceeding");
WHEREAS, on or about December 17, 2003, the Committee filed an Answer to Complaint in the Adversary Proceeding;
WHEREAS, on or about December 17, 2003, the Committee filed a Partial Motion to Dismiss for the partial dismissal of the Adversary Proceeding;
WHEREAS, on or about January 27, 2004, Exelon Fore River and Exelon Mystic filed their Plaintiff's Memorandum in Opposition to Plan Committee's Partial Motion to Dismiss the Complaint in Adversary Proceeding;
WHEREAS, Exelon Fore River, Exelon Mystic, and Raytheon Company have reached a settlement regarding the Exelon Claims and resolving certain disputes between the parties;
WHEREAS, the terms of the parties' settlement provides for Exelon Fore River and Exelon Mystic to permanently withdraw the Exelon Claims pending and unsatisfied in this Proceeding, with prejudice; and
WHEREAS, Exelon Fore River, Exelon Mystic, and the Committee desire, and by this Stipulation intend, to resolve and settle all existing and future differences and disputes among them relating to the Exelon Claims, the Adversary Proceeding, and the Proceeding.
NOW, THEREFORE, Exelon Fore River, Exelon Mystic, and the Committee agree and stipulate as follows:
1. Upon the entry by the Court of this Stipulated Order, the Exelon Claims shall be permanently withdrawn, with prejudice, pursuant to F.R.Bankr.P. 3006; and
2. Upon the entry by the Court of this Stipulated Order, the Adversary Complaint shall be dismissed, with prejudice, without costs to any party and with all rights of any party to appeal hereby waived.
ORDER
Based on the Stipulation of the parties, and good cause appearing,
IT IS ORDERED that:
Exelon Fore River Development, LLC's Proof of Claim No. 14509 and Exelon Mystic Development, LLC's Proof of Claim No. 14508 are hereby effectively withdrawn, with prejudice, and the adversary proceeding related to Exelon Fore River Development, LLC and Exelon Mystic Development, LLC, Adversary Proceeding No. 03-05091, is dismissed with prejudice, without costs to any party and with all rights of any party to appeal hereby waived.
IT IS SO ORDERED.