Free Order on Motion for Joinder - District Court of Delaware - Delaware

Case 1:04-cv-01389-JJF Document 93 Filed O3/28/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: : Chapter ll
NORTHWESTERN CORP., E Bankruptcy Case No. O3~l2872—CGC
Debtor. ;
MAGTEN ASSET MANAGEMENT CORP.,;
Appellant, ;
v. E Civil Action No. 04-1389-JJF
NORTHWESTERN CORP., ;
Appellee. ;
O R D E R
WHEREAS, the Debtor, Northwestern Corporation, filed a
Motion To Dismiss (D.I. 40) which was removed from the Court’s
docket when the case was closed 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 Dismiss (D.I. 67);
WHEREAS, the Plan Committee, as successor to the Official
Committee of Unsecured Creditors, has filed a Motion For Joinder
In Support Of NorthWestern's Motion To Dismiss Consolidated
Appeals Of Magten Asset Management Corporation (D.I. 57);
WHEREAS, the parties to the above—captioned appeal pursued
mediation a second time, and the docket in this case currently
reflects that the case remains in a mediation posture;

Case 1:04-cv-01389-JJF Document 93 Filed O3/28/2006 Page 2 of 2
WHEREAS, the Court has further ordered the parties to submit
a status letter by April 4, 2006 (D.I. 92);
NOW THEREFORE, IT IS HEREBY ORDERED that;
1. The Debtors’ Motion To Dismiss (D.I. 67} is DENIED with
leave to renew, if necessary, upon the filing of the parties'
status letter.
2. The Motion For Joinder In Support Of NorthWestern’s
Motion To Dismiss Consolidated Appeals Of Magten Asset Management
Corporation (D.I. 57) filed by the Plan Committee is DENIED with
leave to renew, if necessary, upon the filing of the parties'
status letter.
3. Any renewal of the aforementioned Motions shall be made
by letter request, without refiling the original Motions.
March il 2 O O 6 (1/-
Date UNIT; Isl'}? # TE . ___l 1sTRicT E