Opinion
Case No. 02-13533 (AJG) Jointly Administered.
October 28, 2005
ALAN LEVOVIDGE, COMMISSIONER OF REVENUE FOR THE COMMONWEALTH OF MASSACHUSETTS, By his attorneys.
THOMAS REILLY, ATTORNEY GENERAL, Jeffrey S. Ogilvie, Esq., Massachusetts Department of Revenue, Boston, MA.
Jerome L. Epstein, Esq., JENNER BLOCK LLP, Washington, D.C.
Marcia L. Goldstein, Esq., Lori R. Fife, Esq., WEIL, GOTSHAL MANGES LLP, New York, New York.
Alfredo R. Pérez, Esq., Sylvia M. Baker, Esq., WEIL, GOTSHAL MANGES LLP, Houston, Texas, Attorneys for the Reorganized Debtors.
Alan LeBovidge, the Commissioner of Revenue for the Commonwealth of Massachusetts, on behalf of Massachusetts and the States of Alabama, Arkansas, Iowa, Kentucky, Maryland, Missouri, New Jersey, Pennsylvania, and Wisconsin, and the District of Columbia (collectively, "States"), and Reorganized Debtors, by and through undersigned counsel, hereby stipulate, pursuant to Bankruptcy Rule 8001(c)(1), that the States' Appeal of the Order entered on June 30, 2004, denying the Motion by the Commissioner of Revenue for the Commonwealth of Massachusetts for and on Behalf of Massachusetts and the States for Entry of An Order Disqualifying KPMG LLP from Serving as Accountant, Auditor and Tax Advisor to the Debtors and Directing Disgorgement of All Fees Paid to KPMG LLP, is hereby withdrawn and dismissed with prejudice.
SO ORDERED.