Free Response - District Court of Connecticut - Connecticut

Case 3:02-cv-01725-AWT Document 79 Filed 07/21 /2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
IN RE: :
SCOTT CABLE COMMUNICATIONS, N0. 3:02-CV-1725 (AWT)
Debtor. : Consolidated Bankruptcy Appeals
1 (Bankruptcy Court Case No. 98-51923)
UNITED STATES OF AMERICA,
Appellant, :
v.
SCOTT CABLE COMMUNICATIONS,
INC., STATE STREET BANK AND :
TRUST CO. as Indenture Trustee for :
certain note holders, and AKIN, GUMP, :
STRAUSS, HAUER & FELD, LLP, :
Appellees :
JOINT WITHDRAWAL OF OPPOSITION OF SCOTT CABLE
COMMUNICATIONS, INC. AND U.S. BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE, TO UNITED STATES’ APPEAL OF BANKRUPTCY
COURT’S DENIAL OF MOTION TO CONVERT
Scott Cable Communications, Inc. (the "Debt0r") and U.S. Bank National
Association, as Indenture Trustee, (the "Indenture Trustee", and together with the Debtor,
"Appellees"), Appellees in the above referenced appeal pending before this Court, hereby
withdraw their opposition to conversion of this case to Chapter 7 of the United States
Bankruptcy Code as set forth below. This withdrawal of opposition is based upon i) the
Appellees’ desire to move the related adversary proceeding, pending in the United States
Bankruptcy Court for the District of Delaware (the "Delaware Bankruptcy Court"), to
trial and ii) this Court’s representations that it intends to convert the case to Chapter 7 and
the recordation of a minute entry on the docket indicating such intention.

Case 3:02-cv—01725-AWT Document 79 Filed 07/21/2006 Page 2 of 4
As this Court is aware, the instant appeal pertains to matters in a bankruptcy case,
which bankmptcy case has, as the only substantive issue remaining, an eight—year old
adversary proceeding. Trial on the merits of that adversary proceeding was scheduled to
begin June 12, 2006 before the Hon. Kevin J. Carey in the Delaware Bankruptcy Court.
Pretrial motions were filed, heard and decided by the trial court, witness lists have been
exchanged by the parties, pretrial statements have been exchanged by the parties, and the
matter is ready for trial. Following a prior telephonic hearing before this Court at which
the Court informed counsel that it intends to convert the underlying bankruptcy
proceeding to Chapter 7, the United States moved for a further continuance of the
Delaware Adversary Proceeding on that basis and the Delaware Bankmptcy Court
continued the trial to October. Trial is currently scheduled to commence on October 16,
2006.
2

Case 3:02-cv—01725-AWT Document 79 Filed 07/21/2006 Page 3 of 4
In order to avoid any further delay, the Appellees are willing to allow an Order to
enter remanding this case to the Connecticut Bankruptcy Court with instructions to
convert the case to Chapter 7. The Appellees believed that conversion of the case to
Chapter 7 would simply lead to delay of resolution of the pending claims, and the
Appellees are hopeful that in withdrawing their opposition, the case may move forward
and the adversary proceeding may finally proceed to trial.
Dated: July 21, 2006
at Hartford, Connecticut
SCOTT CABLE COMMUNICATIONS,
INC.
By /s Abid Qureshi (by Kathleen LaManna[
Shuba Satyaprasad
Abid Qureshi
For Akin Gump Strauss Hauer & Feld LLP
590 Madison Avenue
New York, NY 10022-2524
(212) 872-1000
Its Attorneys
U.S. BANK NATIONAL ASSOCIATION,
AS INDENTURE TRUSTEE,
By /s Kathleen M. LaManna
Kathleen M. LaMarma (ct06740)
Marie C. Pollio (ct26644)
For Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT 06103
(860) 251-5000
Its Attorneys
440655 v.02 Sl
3

Case 3:02-cv—01725-AWT Document 79 Filed 07/21/2006 Page 4 of 4
CERTIFICATION OF SERVICE
This is to certify that on the 21st day of July, 2006 a copy of the foregoing
Withdrawal of U.S. Bank National Association, as Indenture Trustee, to United States’
Appeal of Connecticut Bankruptcy Court’s Denial of Motion to Convert was
electronically filed, which will result in automatic service via the Court’s ECF system,
and mailed, via regular first class mail, postage prepaid, to those not served via ECF:
Ann M. Nevins, Esq. Craig I. Liiland, Esq.
Assistant United States Attomey Zeisler & Zeisler
915 Lafayette Blvd. 558 Clinton Avenue
Room 309 Bridgeport, CT 06605
Bridgeport, CT 06604
Andrew Z. Schwartz, Esq.
Alan Shapiro, Esq. Euripides Dalmanieras, Esq.
Peter Sklarew, Esq. Foley Hoag, LLP
United States Department of Justice 155 Seaport Boulevard
Tax Division Boston, Massachusetts 02210-2600
P.O. Box 55
Washington, DC 20044-0055 Guy S. Neal, Esq.
Theresa Chan, Esq.
Patricia Beary, Esq. Sidley Austin LLP
Carol Felicetta, Esq. 1501 K Street, N.W.
Assistant United States Trustee Washington, D.C. 20005
265 Church Street, Suite 1103
New Haven, CT 06501-7016
/s Kathleen M. LaMa.nna
Kathleen M. LaManna