Free Letter - District Court of Delaware - Delaware

-» Case 1 :04-cv-01389-JJF Docu ment 75 Filed O9/22/2005 Page 1 of 2
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i§Q“j$§g,,,, september 19, 2005 $$0010.00006
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Palo Aim H i
gziisgagq The Honorable ]oseph Farnan, jr. l
g:;n;*2;i“lS°° United States District Comt C -
gmmmrq for the District of Delaware
Wiiiiliingterz, DG 841 King Street -
Wiiiinngton, DE 19801 I
Re: North\Westerr1 Corporation
E
Dear judge Farnan: `
As you may be aware, we are counsel to Northili/estern Corporation. We received today a i
copy of the letter dated September 16, 2005 which counsel for Magten Asset Management i
Corporation sent to your Honor. We have not had an opportunity to closely review the
chart attached to the September 16 letter and cannot represent that the chart accurately
summarizes all of the appeals and other actions currently pending before this Court
involving NorthWestern, both as to its bankruptcy estate and its status as a reorganized
Chapter 11 debtor.
1
We can advise that NonhWestem does not agree with l\/lagterfs request for a status _
conference. We believe this Court is knowledgeable and well positioned to organize. and
prioritize matters pending before it. We also note NorthWestem disagrees with Magten’s l
perspective that the issues. raised by the appeal assigned Case No. 05-0209 may well
obviate the. need to consider all the remaining appeals. Rather, NorthWestern believes
that matter assigned Case No. 04-1389 before this Court is the primary appeal which
would resolve most if not all ofthe. matters. It is this appeal where Northilifestern moved
to dismiss the pending appeal of the confirmation order on the grounds of equitable
mootness because NorthWestem’s reorganization plan has become effective and has. been i
substantially consummated. Until the Court rules on the motion to dismiss. the appeal for
mootness, Nord1Western does not believe there is any need for a scheduling conference
as requested by Magten.
i
y submitte ,
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e. . austin, in
= anl, Hastings, ]anofsl i
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LEGAL_USW/52733048.1

. " Case 1 :04-ov-01389-JJF Document 75 Filed O9/22/2005 Page 2 of 2
Paul Hastings
ATTORNEYS
The Honorable joseph Farnan, jr.
September 19, 2005
Page 2
cc; Clerk of Court (Via CMF)
Bonnie Steingart, Esq. (via overnight delivery)
Gary L. Kaplan, Esq. (via overnight delivery)
David A. jenkins, Esq. (via overnight delivery)
Wilham E. Chipman, jr., Esq. (via overnight delivery)
Kathleen M. Miller, Esq. (via overnight delivery)
Bijan Amini, Esq. (via overnight delivery)
Neil B. Glassman, Esq. (via overnight delivery)
Charlene D. Davis, Esq. (via overnight delivery)
Adarn G. Landis, Esq. (via overnight delivery)
_ i Robertj. Dehney, Esq. (via overnight delivery)
i Curtis S. Miller, Esq. (via overnight delivery)
David L. Finger, Esq. (via overnight delivery)
Karok K. Denniston, Esq. (via overnight delivery) .
Amanda Darwin, ESq. (via overnight delivery)
john V. Snellings, Esq. (via overnight delivery)
A - Alan W. Kornberg, Esq. (via overnight delivery)
Margaret A. Phillips, Esq. (via overnight delivery)
Stanley T. Kaleczyc, Esq. (via overnight delivery)
Denise Seastone Kraft, Esq. (via overnight delivery)
Office of the United States Trustee (via overnight delivery)
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