Free Letter - District Court of Delaware - Delaware

, Case 1 :04-cv-01389-JJF Document 95 Filed O4/05/2006 Page 1 of 4
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San rretplscv The Honorable jos eph ]. Farnan, jr.
United States District judge `
raw United States District Court
WaSh°"gl°°’ DC = District of Delaware
844 King Street
Wilmington, Delaware 19801
Re: Northwestern Corporation, Chapter 11 Case No. 03-12872-CGC
Ma en Asset Mana enient Co . v Northwestern Co oration, Civil Action No.
04 ll589 UF g fp lp
Dear judge Farnan: l
This letter is in res onse to that certain Order dated March 28, 2006 issued in the above-
P . .
referenced appeal. A copy of your March 28 Order is attached to this letter.
As you should now be aware from that certain joint status report letter dated April 4,
2005, efforts to mediate a resolution of all matters, including the referenced appeal, among
NorthWestern Corporation, Magten Asset Management Corporation and other parties~in—
interest have resulted in failure and there is no corresponding settlement of the pending
litigations. As a result, North`\Western renews its Motion to Dismiss (DI. 40) the
referenced consolidated appeal on the grounds, among other reasons, equitable rnootness
and asks that the Court place such motion on its active docket for ruling. We presume
that the Plan Committee will also seek a renewal of its Motion for joinder in Support ol
North\Western’s Motion to Disrniss Consolidated Appeals of Magten Asset Management
Corporation (D1. 57).
Â¥.,EGAL_US__W# 524507%.1

Case 1 :04-cv-01389-JJF Document 95 Filed O4/05/2006 Page 2 of 4
gqqlyostings
The Honorable loseph ]. Earnan, ]r.
April 5, 2006
Page 2
The iss . ce of this letter is in accordance with paragraph 3 of yom March 28, 2006
Order eeking a renewal of the referenced motion.
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. usrin, III
¤ l , HASTINGS, ]ANOESKY ESC WALKER LLP
Attorneys for NorthWestern Corporation
_]HA;ld
Enclosure
cc: Clerk of Court (Via ECE)
Dale R. Dube, Esq. (via email)
Bonnie Steingart, Esq. (via email)
john W. Brewer, Esq. (via email)
. Gary L. Kaplan, Esq. (via e-
Kathleen M. Miller, Esq. (via e-maii)
Bijan Amini, Esq. (via e-mail)
Amanda Darwin, Esq. (via e mail)
john V. Snellings, Esq. (via email)
Stanley T. Kaleczyc, Esq. (via ernail)
Kimberly Beatty, Esq. (via email)
Denise Seastone Kraft, Esq. (via email)
` Paul Spagnoletti, Esq. (via e- mail)
Steven]. Reisman, Esq. (via email)
joseph D. Pizzurro (via e-mail)
Victoria Counihan, Esq. (via e-
Alan W. Kornberg, Esq. (via email)
KelleyA. (bmish, Esq. (via email)
Nei} E. Giassrnan, Esq. (via email)
( Charlene Davis, Esq. (via e-
Thomas G. Knapp, Esq. (via e-mail)
i.EcA1.__Us_w# 53450736.1 . I

Case 1:04-cv-01389-JJF Document 95 Filed O4/05/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: : Chapter 11
NORTHWESTERN CORP., E Bankruptcy Case No. 03-12872-CGC
Debtor. ;
MAGTEN ASSET MANAGEMENT CORP.,;
Appellant, j
v. E Civil Action No. 04—l389-JJF
NORTHWESTERN CORP., ;
Appellee. E
0 R D E R
WHEREAS, the Debtor, Northwestern Corporation, filed a
Motion To Dismies €D.I. 40) which was removed from the Court’e
docket when the case was oloeed following what appeared to be a
successful mediation;
WHEREAS, the Court was later informed that the mediation had
failed, and the Debtor re-filed the Motion To Diemiee {D.I. 67);
WHEREAS, the Plan Committee, ae successor to the Official
Committee of Uneecured Creditors, has filed a Motion For Joinder
In Support OE NorthWeetern'e Motion To Dismiss Consolidated
I Appeals Of Magten Asset Management Corporation {D.I. 57);
WHEREAS, the parties to the above—captioned appeal pursued
E mediation a second time, and the docket in this case currently
E reflects that the case remains in a mediation posture;

Case1:O4-cv-01389-JJF Document 95 Filed O4/05/2006 Page40f4
WHEREAS, the Court hes further ordered the parties to eubmit
e statue ietter by April 4, 2006 (D.I. 92};
NOW THEREFORE, IT ES HEREBY ORDERED that: _
1. The Debtore' Motion To Biemise (D.I. 67) is ENIEB with
leave to renew, if necessary, upon the filing of the parties'
statue letter. U
2. The Motion For Joinder In Support Of NorthWeetern'e
Motion To Dismiss Consolidated Appeals Of Megten Asset Management
Corporation (D.I. 57} filed by the Plan Committee is DENIEB with
leeve to renew, if necessary, upon the filing of the parties'
status letter.
3. Any renewal of the aforementioned Motione ehell be made
by letter request, without refiling the original Motions.
. _ \ Ax
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