Opinion
Case No. 02-13533 (AJG), Jointly Administered.
July 11, 2005
Upon consideration of the Joint Motion Of The Reorganized Debtors And British Telecommunications, PLC For An Order Withdrawing Certain Claims Filed By British Telecommunications, PLC, dated June 17, 2005 (the "Joint Motion"), filed by British Telecommunications, PLC ("BT") and MCI, Inc. and certain of its direct and indirect subsidiaries, as reorganized debtors (collectively, the "Reorganized Debtors"); and it appearing that the Joint Motion seeks entry of an order withdrawing the proofs of claim identified on Schedule A attached hereto (collectively, "the BT Patent Claims"), with prejudice; and it appearing that the withdrawal of such claims with prejudice is in the best interest of the Reorganized Debtors, the Debtors' estates and their creditors; and it appearing that BT and the Reorganized Debtors have each reserved their rights with respect to Proofs of Claim Nos. 26276 and 26685 (the "BT Contract Claims"); and good and sufficient notice having been given; and after due consideration and sufficient cause appearing therefore, IT IS THEREFORE
Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Joint Motion.
ORDERED that the Joint Motion is GRANTED in its entirety. Accordingly, the BT Patent Claims are hereby withdrawn with prejudice thereby eliminating the need for further action on the Reorganized Debtors' objection to such claims, provided that withdrawal of the BT Patent Claims shall not constitute a withdrawal of any related acceptance or rejection of the Plan; and it is further
ORDERED that nothing herein shall be construed either as a license under any patents of BT or as a waiver of any claims of BT related to post-petition activities of Debtors; and it is further
ORDERED that this Order is without prejudice to any rights that BT may have with respect to the BT Contract Claims; and it is further
ORDERED that the Reorganized Debtors have expressly reserved all of their rights with respect to the BT Contract Claims, including the right to object to such proofs of claim on other grounds at a later date and/or their right to amend or supplement the Claim Objection at a later date; and it is further
ORDERED that the requirement under Rule 9013-1(b) of the Local Bankruptcy Rules for the Southern District of New York for the filing of a memorandum of law is waived.