Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1 :05-cv-00433-Gl\/IS Document 5-2 Filed 08/15/2005 Page 1 of 2
EXHIBIT A
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Jointly Administered
) Case No. 0342339 (PJW)
PILLOWTEX CORPORATION, er ai.,}
: Chapter tl
Debtors. r)
)
PILLOWTEX CORPORATION and
FIELDCREST CANNON, TNC.,
Ptajmiffg, Adv. Proc. No. O3-5758] (PJ
}
v. }
)
TARGET CORPORATION, and
’}
MERVYN°S INC? {
Defendants. ;;
NOTICE OF SATISFACTION OF JUDGMENT
WHEREAS, on May 27, 2005, an Order and Judgment was signed in the above~
captioned action in favor of Plaintiffs Pillowtex Corporation and Fieldcrest Cannon, Inc.
against I\/Iervyn’s LLP (“Mervyn’s") in the amount of 3810,000 (the “l\/lay 27, 2005
I In addition to Pillowtex Corporation and Iiieldcrest Cannon, lne., the other debtors are Beacon
Manufacturing Company, Encee, Inc., FC Online, Inc., PCC Canada, Inc., FCI Corporate LLC, PC?
Operations LLC, Fieldcrest Cannon Financing, Inc., Fieldcrest Cannon Licensing, Lnc., Fieldcrest
Cannon Transportation, he., The Leshner Corporation, Opelika Industries, Inc., PTEX Hoiriing
Company, PTEX, Inc., and Tennessee `Woolen Mlils, Inc. (collectively, "Debtors”). The United
States Trustee appointed an Official Committee of Unsecured Creditors in these cases on August li,
2003. Debtors continue in the management of their businesses and properties as debtors in possession
pursuant to Sections l l(}7(a) and 3 IOS ofthe Bankruptcy Code. No trustee or examiner has been
appointed in any of Debtors’ cases.
2 Defendant Target Corporation is no longer a party to this action pursuant to the Stiptilation and Order
entered by the Court on March 1, 2005. Defendant Mervyn’s, Inc. formerly was a Wholly owned
subsidiary oi`Target Corporation, out is now an independent entity known as Mervyrfs LLC and
represented by separate counsel.
2200022Qvt

Case 1:05-cv-00433-Gl\/IS Document 5-2 Filed 08/15/2005 Page 2 of 2
Order"), for which judgment was duly docketed and entered by the Office of the Clerk of
the United States Bankruptcy Court for the District of Delaware on May 3l, 20053 in the
Chapter 11 cases, and on June 3, 2005 inthe adversary preceeding; and
WHEREAS, for good and valuable consideration, as set forth in the Stipttlation
of Settlement and Dismissal attached hereto and receipt of which is hereby
acknowledged, Plaintiffs have agreed to enter this Notice of Satisfaction of Judgment,
thereby releasing Mervyn’s from any obligations pursuant to the May 27, 2005 Order;
NOW THEREFORE, satisfaction of the May 27, 2005 Order is hereby
acknowledged by Plaintiffs, and the Clerk ofthe United States Bankruptcy Court for the
District of Delaware is hereby authorized to cancel, satisfy and discharge the same.
Dated: , 2005
MORRIS, NICHOLS, ARSHT & TUNNELL
@i"i@Y7@iQ"@8”j@` iiiii SD iii`'’i"i""` _
Gilbert R. Saydah Jr. (No. 4304)
1201 North Market Street, PO. Box 1347
Wilmington, Delaware 19899-1347
Telephone: (302) 658-9200
Facsimile: (302) 658-3989
DEBEVOISE & PLIMPTON LLP
Michael E. Wiles
Suzanne M. Grosso
9l9 Third Avenue
New York, New York 10022
Telephone: (212) 909-6000
Facsimile: (212) 909-6836
Co-Cozmselfor P/ainti;73/Debtr2r·s
3 The actual docket. entry ofthe Order in the adversary proceedings is June 3, 2005. In accordance with
the Bankruptcy Court’s instruction, however, the parties are treating the Order as if the Order had
been entered on May 3 l, 2005.
3
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