Free Order - District Court of Delaware - Delaware

ocument 17 Filed 04/1 9/zo of ss E it *5
R50
.. E V.
J .ED
. OBEABHH QQJMECHA
D,F}{G,U
IN THE UNITED STATES DISTRICT COURT A/DR I 5 iii
Filer
FOR THE DISTRICT OF DELAWARE ii`,
J: R1 s ,_ _
FARLOC ARGENTINA S.A., ) I-lon. Jcsepl)QI-I. Rcdrtguwr,
) J; 6v”"». •_
Appellant, ) Civil Action No. 04—l549 ` ·· . `
I "
v. ) On Appeal from an Order ofthe _'
) United States Bankruptcy Court 5
FEDERAL-MOGUL GLOBAL INC. ) for the District of Delaware in
T&N LIMITED, et al. ) Bankruptcy Case N0. Ol- 10578
)
Appellees. )
STIPULATION BETWEEN THE DEBTORS AND FARLOC ARGENTINA S. A.
EXTENDING BRIEFING SCHEDULE
Federal-Mogul Global Inc., T&N Limited. et al. (collectively, the "Debtors“) and
Farlec Argentina S. A. ("Farl0c") hereby stipulate (the "Stipulation") as follows;
WHEREAS, on October I, 2001, the Debtors commenced their chapter l l cases
by tiling voluntary petitions for relief under title I I of the United States Code (as amended, the
"Ban1cruptcy Code");
WHEREAS, on November 17, 2004, the United States Bankruptcy Court for the
District of Delaware (the "BanIcruptcy Court") entered an Order (the "Order") Granting Debtors'
Motion for Order Approving and Authorizing Rejection of Licensing Agreement with Farloc
Argentina S.A. (Bankmptcy Docket No. 6373);
WHEREAS, on November 24, 2004 Farlec filed its Notice of Appeal in
connection with the Order (Docket No. 646l);
WHEREAS on December 24 , 2004, the Notice of Appeal was docketed in the .
United States District Court for the District of Delaware (the “District Court");
27440-uu1toocs_o1s;1¤4¤1r.2

mm T`A " ‘`€‘ ocument 17 Filed 04/19/20ioEwi 2 of e Q W
A WHEREAS, pursuant to a District Court Standing Order dated July 23, 2004, all
appeals from the Bankruptcy Court to the District Court were referred to mediation and brieting
was suspended for all such appeals;
WHEREAS, on January 6, 2005 Farloc tiled its Brief and Appendix;
WHEREAS, on January 14, 2005 the Court entered an Amended Notice of
Docketing indicating that the briefing schedule was no longer deferred and giving the Debtors
until January 27, 2005 to tile their answering brief;
WHEREAS, the parties hereto have discussed the briefing schedule and agreed
upon a schedule; and
WHEREAS, the parties hereto had previously agreed to extend the briefing
schedules in the above-captioned appeal to allow the Debtors to tile their answering brief no later
than April I5, 2005 and Farloc to file its reply brief no later than April 29, 2005.
NOW THEREFORE, in consideration of the foregoing, and subject to the
approval of the Court, it is hereby stipulated and agreed by and between the Debtors and Farloc
as follows:
l. Notwithstanding Fed.R.Bankr.P. 8009, the answering briefs, and the reply
briefs for the above captioned appeal shall be filed according to the following schedule:
a. The Debtors shall tile their answering brief on or before May 20,
2005: and
b. Farloc shall tile its reply brief on or before June 3, 2005.
274*10-00l\DOCS_DlE;l0·l97l.2 2

4 at mw f ’ 2- . . ‘-== A “"" W "
W @$6 2: · -cv- $9- "‘ “ S ocument 17 Filed O4/19/2005 gg?3 of 3
` 2. Notwithstanding entry ofthe order, and in consideration ofthe extension
of the briefing schedule provided herein, the Debtors agree not to terminate the Licensing
Agreement that was the subject ofthe Order through and including May 20, 2005.
3. The deadlines set forth herein may be extended by order of the Court.
SIDLEY AUSTIN BROWN & WOOD LLP BUCHANAN TNGERSOLL P.C.`.
James F. Conlan
Larry J. Nyhan g —
Kevin T. Lantry
Kenneth P. Kansa David E. Wilks (Bar No. 2793)
Bank One Plaza The Nemours Building
10 South Dearborn Street IDO7 North Orange Street, Suite l l I0
. Chicago, Illinois 60603 Wilmington, DE l980l-l236
Telephone: (3l2) B53—7000 Telephone: (302) 428-5500
-and— Attomeys for Farloc Argentina S. A.
PACHULSK], STANG, ZIEHL, YOUNG, JONES
8:: WEINTRAUB P.C.
a Davis Jones (Bar No. 2436)
es E. O‘NeilI (Bar No. 4042)
9l 9 North Market Street, i6"` Floor
P.O. Box 8705
Wilmington, Delaware 19899-8705 (Courier l980l)
Telephone: (3 02) 652-4 l OO
Facsimile: (302) 652-4400
Attomeys for Debtors and Debtors—in—Possession
T IS ORDERED this [ E day of
200
Unit tate istrict Judge
27440—0Dl\DOCS_DE: rom n .1 3
avi mezrmn