Opinion
Case No. 02-13533 (AJG), Jointly Administered.
May 20, 2005
STINSON MORRISON HECKER LLP, Mark A. Shaiken, Esq., Jennifer J. Coleman, Esq., Kansas City, MO, Attorneys for Debtors and Debtors in Possession.
SCHEDULING ORDER WITH RESPECT TO DEBTORS' OBJECTION TO CLAIM NO. 10345 FILED BY BEEPWEAR PAGING PRODUCTS, LLC
Pursuant to Rule 7026 of the Federal Rules of Bankruptcy Procedure, the following scheduling order shall govern with respect to discovery in this contested matter between MCI, Inc. (f/k/a/ Worldcom, Inc.) and certain of its affiliates (the "Plaintiff") and Beepwear Paging Products, LLC (the "Defendant" or "Beepwear") (collectively the "Parties") solely as to the issue of which contract governs the parties' dispute (the "Applicable Contract Issues"). Discovery regarding any other issues, including issues respecting the extent of the damages, if any such issues exist, are not governed by this scheduling order, and to the extent applicable, and without prejudice to any right to seek arbitration, will be the subject of a subsequent schedule that will be established after a decision is rendered with respect to the Contract Issues and with respect to the pending motion filed by Beepwear seeking to compel arbitration.
1. The hearing set for May 10, 2005, is adjourned with respect to Plaintiff's objection to claim no. 10345 filed by Defendant, and the dates set forth hereafter shall govern resolution of the Contract Issues.
2. On or before May 24, 2005, the Parties shall exchange the information required by Rule 26(a)(1), Federal Rules of Civil Procedure, incorporated into bankruptcy proceedings pursuant to Rule 7026, Federal Rules of Bankruptcy Procedure;
3. On or before June 1, 2005, the Parties shall exchange those documents referred to in the initial disclosure statements;
4. On or before August 22, 2005, the Parties shall complete non-expert discovery;
5. The parties do not anticipate the use of expert witnesses and therefore no dates regarding the identification of experts and production of experts reports are set forth herein.
6. The parties shall simultaneously file dispositive motions, if at all, with respect to the Contract Issues, on or before September 5, 2005. Responses to such motions shall simultaneously be filed on or before October 3, 2005. Replies to such responses shall be simultaneously filed by the movant on or before October 12, 2005 (the "Dispositive Motions").
7. Beepwear shall file its reply to the Debtors' objection to Beepwear's Motion seeking enforcement of arbitration provisions (the "Arbitration Motion"), if at all, on or before October 12, 2005.
8. The hearing to consider argument on the Dispositive Motions and the Arbitration Motion is set for November 8, 2005 (the "Argument Date"). To the extent that any party believes that evidence, in addition to argument is needed to resolve the Contract Issues, such party shall schedule a conference with the Court and the parties to discuss such issues prior to the Argument Date.
9. The requirements of Local Bankruptcy Rule 7056-1(a) are hereby suspended in this matter.