Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01389-JJF Document 92 Filed O3/21/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: : Chapter ll
NORTHWESTERN CORP., E Bankruptcy Case No. 03-12872-CGC
Debtors. ;
. "_`—`_“_"`_"`—`_`
Appellant, ;
v. Z Civil Action No. 04-1279-JJF
PAUL HASTINGS JANOFSKY & Z
WALKER LLP, :
Appellee. ;

Appellant, i
v. E Civil Action No. O4—l389—JJF
NORTHWESTERN CORP., ;
Appellee. ;

et al., :
Appellants, i
v. ; Civil Action N0. 05-0209-JJF
NORTHWESTERN CORP., et al., ;
Appellees. ;

Appellant, E
v. ; Civil Action No. 05-398-JJF
PAUL HASTINGS JANOFSKY ;
& WALKER, LLP., :
Appellee. ;

Case 1:04-cv-01389-JJF Document 92 Filed O3/21/2006 Page 2 of 4
MAGTEN ASSET MANAGEMENT CORP.,:
et al., :
Appellants, Z
v. E Civil Action No. 05-548-JJF
NORTHWESTERN CORP., E
Appellee. E

NEW YORK, 1
Appellant, i
v. Z Civil Action No. 05-603-JJF
NORTHWESTERN CORP., Z
Appellee. i
O R D E R
WHEREAS, counsel for Magten Asset Management Corp. filed a
letter indicating that mediation concluded on December 14, 2005,
without a settlement; however, that letter referred generally to
the In re Northwestern Corporation cases, but did not specify any
case numbers, and was docketed only in Civil Action No. 04-1256;
WHEREAS, the Court has numerous appeals and other actions
related to the Northwestern bankruptcy;
WHEREAS, in several cases, the last substantive docket entry
is a letter to the Court from Joseph D. Pizzurro dated November
10, 2005, indicating that a mediator, Alan B. Miller has been
selected and is checking for potential conflicts ( seg D.I. 47 in
Civil Action No. 04-1279, D.I. 90 in Civil Action No. O4-1389,
D.I. 24 in Civil Action No. 05-398);
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Case 1:04-cv-01389-JJF Document 92 Filed 03/21/2006 Page 3 of 4
WHEREAS, no further updates have been provided to the Court
in those cases, and it appears that no order was entered by the
Court specifically appointing Mr. Miller as mediator in those
cases;
WHEREAS, according to the dockets, it also appears that
briefing has been completed in Civil Action Nos. 04-1279, 04-
1389, 05-209; however, the Court is waiting for further
information to be submitted from the parties, leaving the Court
with the impression that these cases are still in a mediation
posture (ggg D.I. 47 in Civil Action No. 04-1279 (Mr. Pizzurro's
letter that Mr. Miller is checking for conflicts), D.I. 90 in
Civil Action No. 04-1389 (same), D.I. 27 in Civil Action No. 05-
209 (Order referring the case to mediation)):
WHEREAS, briefing has not been initiated or completed in
Civil Action Nos. 05-398, 05-548 and 05-603; however, the last
substantive docket entries in those cases also suggests a
mediation posture (gpg D.I. 24 in Civil Action No. 05-398 (Mr.
Pizzurro’s letter that Mr. Miller is checking for conflicts),
D.I. 14 in Civil Action No. 05-548 (letter from Dale R. Dube and
William E. Chipman requesting an extension of time to select a
mediator), D.I. ll in Civil Action No. 05-603 (same));
NOW THEREFORE, IT IS HEREBY ORDERED that:
l. The parties shall provide a joint status letter(s) by
April 4, 2006 as to each of the following cases:
a. Magten Asset Management Corp. v. Paul Hastings
Janofsky & Walker LLP, Civil Action No. 04—1279—JJF;
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Case 1:04-cv-01389-JJF Document 92 Filed O3/21/2006 Page4of4
b. Magten Asset Management Corp. v. Northwestern
Qggpg, Civil Action No. 04-l389—JJF;
c. Magten Asset Management Corp., et al. v.
Northwestern Corp., Civil Action No. O5—209—JJF;
d. Magten Asset Management Corp. v. Paul Hastings
Janofsky & Walker LLP, Civil Action No. O5—398—JJF;
e. Matgten Asset Management Corp., et al. v.
Northwestern Corp., Civil Action No. 05-548-JJF;
f. Law Debenture Trust Company of New York v.
Northwestern Corp., Civil Action No. O5—603—JJF.
2. All correspondence and filings shall designate specific
case numbers and be docketed in accordance with those case
numbers, unless the case has been consolidated, in which event
all filings shall be made in the lead cases.
March 3 \ , 2006 Q
DATE ”3NITE ST TES DISTRICT JUDGE
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