Free Joinder - District Court of Delaware - Delaware

Case 1 :06-cv-00157-JJF Document 8 l Filed O3/23/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: :
: Chapter ll
NORTHWESTERN CORPORATION, :
: Case No. 03-12872 (KJC)
Debtor. :
:
THE PLAN COMMITTEE OF :
NORTHWESTERN CORPORATION, :
Appellant,
v.
2 Civil Action No. 06-157 (JJF)
NORTHWESTERN CORPORATION, :
Appellee.
:
JOINDER OF NORTHWESTERN CORPORATION TO MOTION
OF PLAN COMMITTEE FOR RELIEF FROM THE STANDING
ORDER ON MEDIATION IN THIS APPEAL AND FOR
EXPEDITED BRIEFING AND ORAL ARGUMENT .
No1thWestern Corporation (“NorthWestem"), by and through its undersigned cotmsel,
hereby joins in the Motion of the Plan Committee for Relief jrom the Standing Order on
Mediation in this Appeal and for Expedited Briefing and Oral Argument (the "Motion").
In connection with this joinder, NorthWestern has reviewed the Response of Magten
Asset Management Corporation and Law Debenture Trust Company of New York to the Motion
ofthe Plan Committee For Relief From the Standing Order on Mediation in this Appeal and For
Expedited Briefing and Oral Argument ("Resp0nse"). While NorthWestem does not agree,
much less, join in, the factual allegations set forth in either the Motion or the Response,

Case 1:06-cv-00157-JJF Document 8 Fi|ed O3/23/2006 Page 2 of 4
NorthWestern has noted that the Plan Committee, Magtenl and Law Debenture (together with
NorthWestem, collectively, the "Parties") all agree that mediation would not be a productive use
of the Parties’ time and that mandatory mediation, as provided for under the July 23, 2004
Standing Order is not likely "to assist the parties to amicably resolve the disputes which are the
subject of appeal before this Court.”
Because there is agreement among the Parties that the Motion should be granted as to the
request for relief from the Standing Order and that the Parties may proceed to briefing and
thereafter, oral argmnent, on a date as may be determined by this Court, NorthWestem submits
that such relief is wholly appropriate under the circumstances.
With respect to the Plan Committee’s request to expedite the briefing schedule and oral
argument on the appeal, NorthWestern joins the Plan Committee in its request for this relief.
The legal issues that are the subject of the appeal are well known to the Parties and were
extensively briefed and argued when the Surplus Distribution Motion was presented to the
Bankruptcy Court. Consequently, no party to this appeal will be prejudiced if this Court were to
enter an order providing for briefing and oral argument on an expedited basis.
Moreover, it is in NorthWestern’s best interests, as a reorganized debtor, that all
matters relating to the Plan, its implementation and the distributions provided for therein be
presented to this Court and resolved as quickly as possible. NorthWestern submits that
expediting the briefing schedule and oral argument in this appeal will bring these matters to
closure sooner, rather than later, and the Parties will benefit from an expedited briefing schedule
and oral argument. Because expediting this appeal would permit this Court to simultaneously
I All capitalized terms used herein but not otherwise defined shall have the meaning ascribed to
such terms in the Motion.
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Case 1 :06-cv-00157-JJF Document 8 lFi|ed O3/23/2006 Page 3 of 4
hear all matters related to the dispute among NorthWestern, Magten and Law Debenture and,
thus, would resolve the final remaining issue preventing closure of the NorthWestern bankruptcy
case, NorthWestem joins the Plan Committee’s request for expedited briefing and oral argument
on this appeal.
WHEREFORE, for the reasons stated above and by the Plan Committee in the Motion,
NorthWestem joins the Motion and respectfully requests that this Court enter an order granting
the Motion and such other and further relief as the Court deems just and proper.
Dated: Wilmington, Delaware
March 23, 2006
Respectfully submitted,
PAUL, HASTINGS, JANOFSKY & WALKER LLP
600 Peachtree Street
Suite 2400
Atlanta, GA 30308
Jesse H. Austin, III
Karol K. Denniston
Telephone: (404) 815-2400
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GREENBERG TRAURIG LLP
- . I
Victoria Watson unihan (N o. 3488)
Dennis A. Meloro (No. 4435)
The Nemours Building
1007 North Orange Street, Suite 1200
Wilmington, Delaware 19801
Telephone: (302) 661-7000
Counsel for North Western Corporation
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Case 1 :06-cv-00157-JJF Document 8 lFi|ed O3/23/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, Victoria W. Counihan, hereby certify that on the 23rd day of March, 2006, a true and
correct copy of the JOINDER OF NORTH WESTERN CORPORATION TO MOTION OF PLAN
COMMITTEE FOR RELIEF FROM THE STANDING ORDER ON MEDIA TION IN THIS
APPEAL AND FOR EXPEDITED BRIEFING AND ORAL ARG UMENT was served upon the
parties listed below in the manner indicated.
VIA HAND DELIVERY: VIA FACSIMILE AND FIRST CLASS MAIL:
Kathleen Miller, Esq. Alan Kornberg, Esq.
Smith Katenstein & Furlow Margaret Phillips, Esq.
The Corporate Plaza Paul Weiss Riikind Wharton & Garrison LLP
800 Delaware Avenue 1285 Avenue of the Americas
Wilmington DE 19801 New York NY 10019
Fax: 212-757-3990
Elio Battista, Esq.
Blank Rome LLP Bonnie Steingaxt, Esq.
1201 North Market Street, Suite 800 Gary Kaplan, Esq.
Wilmington DE 19801 Fried Frank Harris Shriver & Jacobson LLP
One New York Plaza
Eric M. Sutty, Esq. New York NY 10004
The Bayard Firm Fax:212-859-4000
222 Delaware Avenue, Suite 900
Wilmington DE 19801 John Snellings, Esq.
Amanda Darwin, Esq.
Nixon Peabody LLP
100 Summer Street
Boston MA 02110
Fax: 866-947-1732 ,
Dated: March 23, 2006 ‘ d’¢07’{?é’(L"k/
Victoria W. Counihg igo. 3488)
GREENBERG TRAURIG, LLP
The Nemours Building
1007 North Orange Street, Suite 1200
Wilmington, DE 19801
(302) 661-7000
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