In re Winn-Dixie Stores, Inc.

Full title: In re: WINN-DIXIE STORES, INC., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, M.D. Florida, Jacksonville Division

Date published: Dec 2, 2005

Case No. 05-03817-3F1, Jointly Administered (Bankr. M.D. Fla. Dec. 2, 2005)

Opinion

Case No. 05-03817-3F1, Jointly Administered.

December 2, 2005

SMITH HULSEY BUSEY, James H. Post, Jacksonville, Florida, Attorneys for the Debtors.

RUBIN RUBIN, P.A., Randall L. Rubin, North Miami, Florida, Attorney for the Claimant.

AGREED ORDER OF RESOLUTION OF THE LITIGATION CLAIM OF VIRGINIA ACOSTA (CLAIM NOS. 1424 and 278)

JERRY FUNK, Bankruptcy Judge

These cases are before the Court upon the motion of Winn-Dixie Stores, Inc. and twenty-three of its subsidiaries and affiliates (collectively, the "Debtors") and claimant, Virginia Acosta (the "Claimant"), in accordance with the Order Approving Claims Resolution Procedure and Authorizing Debtors to Settle or Liquidate Certain Litigation Claims (Docket No. 3326). The Court finds that the proposed Agreed Order is for an agreed amount less than the $50,000 minimum established in the Claims Resolution Procedure. Accordingly, it is

ORDERED AND ADJUDGED:

1. Claim No. 1424 filed by Claimant is allowed as an unsecured non-priority claim in the amount of $5,000.00 against Winn-Dixie Stores, Inc. in Case No. 05-3817 which the Debtors are authorized to pay in full in accordance with the Claims Resolution Procedure.

2. This Agreed Order resolves (i) all liabilities and obligations related to Claim No. 1424 and (ii) all other claims, including but not limited to Claim No. 278, the Claimant has or may have against the Debtors and any of their Chapter 11 estates, officers, employees, agents, successors or assigns as of the date of this Agreed Order, all of which are forever waived, discharged and released.

3. The Debtors do not, by this Order or the Claims Resolution Procedure, acknowledge the validity of any Litigation Claim or the existence of coverage under any Insurance Policy with respect to of any Litigation Claim, or make any admission of liability. The Claimant, not the Debtors, will be solely responsible for payment of all medical costs or reimbursement liabilities, if any, relating to each settled claim.

4. The Court shall retain jurisdiction to resolve any disputes arising from this Order.

Consent

The undersigned parties consent to the entry of the foregoing Agreed Order.