Free Stipulation - District Court of Delaware - Delaware

Case 1:05-cv-00764-RLB Document 8-2 Filed 11/23/2005 Page1 013
EXHIBIT A

Case 1:05-cv-00764-RLB Document 8-2 Filed 11/23/2005 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: W.R. GRACE & CO., et al. )
PacifiCorp, VanCott Bagley Cornwall & g
McCarthy 40l(k) Profit Sharing Plan, ) Civil Action No. 05-00764 RLB
Appellants, g
) Bankruptcy Case No. 0l-1139 *
v. )
)
W.R.Grace & Co., et al. ) Re: Docket Nos. 3 and 4
Appellees. g -
|PROPOSED| ORDER RESOLVINC DEBTORS’ MOTION TO STRIKE
Pursuant to the Stipulation and Request for Order Resolving Debtors’ Motion to
Strike, jointly submitted by PacifiCorp and the VanCott Bagley Cornwall & McCarthy
40l(k) Profit Sharing Plan (collectively, the "Appellants") and the above-captioned
debtors and debtors in possession (collectively, the "Debtors"),
IT IS HEREBY ORDERED:
l. The parties stipulate that Bankruptcy Court’s Order Denying PacifiCorp
and the VanCott Bagley Cornwall & McCarthy 40l(K) Profit Sharing Plan’s Motion for
Leave to File Late Proofs of Claim (DI 7571) ("Court’s Order Denying Leave to File
Late Proofs of Claim") did not address the issue of whether Appellants have an allowable
claim against the Debtors.
2. Issue 3 of Appellants’ Statement of Issues Presented on Appeal is
. eliminated.
3. The Debtors’ Motion to Strike is withdrawn.

Case 1:05-cv-00764-RLB Document 8-2 Filed 11/23/2005 Page 3 of 3
4. All objections, arguments, and defenses relating to the allowability of
Appe1lants’ claim are preserved. l
Dated: November _, 2005
HON. RONALD L. BUCKWALTER
UNITED STATES DISTRICT JUDGE
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