Opinion
Case No. 02-13533 (AJG), Jointly Administrated
August 21, 2003
Upon the Application of the Official Committee of Unsecured Creditors Pursuant to Bankruptcy Code Section 1103 and Bankruptcy Rule 2014 for an Order Authorizing the Retention and Employment of Hennigan, Bennett Dorman LLP ("Hennigan Bennett") as Special Bankruptcy Litigation Counsel, Nunc Pro Tunc to August 4, 2003 (the "Application"); the annexed Affidavit of Bennett J. Murphy Under S.D.N.Y. LBR 9077-1 in Support of an Order to Show Cause Why the Court Should Not Enter an Order Under 11 U.S.C. § 1103 and F.R.Bankr.P. 2014 Authorizing the Retention and Employment of Hennigan, Bennett Dorman LLP as Special Bankruptcy Litigation Counsel, Nunc Pro Tunc to August 4, 2003; for good cause shown; and it appearing that an Order to Show Cause scheduling an interim hearing to consider the Application is necessary; it is hereby
ORDERED that an interim hearing to consider the Application and the relief requested therein shall be held before the Honorable Arthur J. Gonzalez, United States Bankruptcy Judge, in Room 523 of the United States Bankruptcy Court, Southern District of New York, Alexander Hamilton Custom House, One Bowling Green, New York, New York 10004, on August 26, 2003, at 10:00 a.m.; and it is further
ORDERED that on or before August 22, 2003, the Committee shall serve a copy of this Order and the Application pursuant to the Case Management Order, dated December 23, 2002, and such service shall be deemed good and sufficient service and notice of this Order, the Application, the interim hearing; and it is further
ORDERED that responses or objections to the Application, if any, must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and the Local Rules for the United States Bankruptcy Court for the Southern District of New York (the "Local Rules"), and shall be filed with the Bankruptcy Court electronically in accordance with General Order M-242 (General Order M-242 and the User's Manual for the Electronic Case Filing System can be found atwww.nysb.uscourts.gov), by registered users of the Bankruptcy Court's case filing system and, by all other parties in interest, on a 3.5 inch disk, preferably in Portable Document Format (PDF), WordPerfect or any other Windows-based word processing format (with a hard-copy delivered directly to Chambers), and shall be served in accordance with General Order M-242 upon (i) Weil, Gotshal Manges LLP, Attorneys for Debtors and Debtors in Possession, 767 Fifth Avenue, New York, New York 10153, Attn: Marcia Goldstein, Esq., (ii) the Office of the United States Trustee, 33 Whitehall Street, 21st Floor, New York, New York 10004, Attn: Mary Tom, Esq., (iii) Kirkpatrick Lockhart LLP, 1800 Massachusetts Avenue, Washington, DC 20036, Attn: Richard Thornburgh, Esq.; (iv) Shearman Sterling, Attorneys for the Debtors' Postpetition Lenders, 599 Lexington Avenue, New York, New York 10022, Attn: Douglas Bartner, Esq. and Marc B. Hankin, Esq., and (v) Akin Gump Strauss Hauer Feld LLP, Attorneys for the Official Committee of Unsecured Creditors, 590 Madison Avenue, New York, New York 10022, Attn: Daniel Golden, Esq., in each case so as to be received no later than August 26, 2003 at10:00 a.m. (Eastern Time).