Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-01549-JHR Document 13 Filed 03/14/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FARLOC ARGENTINA SA, ) Hon. Joseph H. Rodriguez
Appellants, i Civil Action No. 04-1549
v. g On Appeal from an Order of the
) United States Banlcruptcy Court
FEDERAL—MOGUL GLOBAL INC., et al. ) for the District of Delaware in
) Bankruptcy Case No. 01-10578
Appellees. )
_ ST IPULATION BETWEEN THE DEBTORS AND FARLOC ARGENTINA S. A.
EXTENDING BRIEFING SCHEDULE
i Federal-Mogul Global, Inc., et al. (collectively, the "Debtors") and Farloc
Argentina S. A. ("Farloc") hereby stipulate (the "Stipulation") as follows:
WHEREAS, on October 1, 2001, the Debtors commenced their chapter 11 cases
by tiling voluntary petitions for relief under title 11 of the United States Code (as amended, the
"Bar1kruptcy Code");
WHEREAS, on November 17, 2004, the United States Bankruptcy Court for the
District of Delaware (the "Bankruptcy Court") entered an Order (the "Order") Granting Debtors'
Motion for Order Approving and Authorizing Rejection of Licensing Agreement with F arloc
Argentina S.A. (Bankruptcy Docket No. 6373);
WHEREAS, on November 24, 2004 Farloc tiled its Notice of Appeal in
connection with the Order (Docket No. 6461);
WHEREAS on December 24 , 2004, the Notice of Appeal was docketed in the
United States District Court for the District of Delaware (the "District Court");
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Case 1 :04-cv—O1549-JHR Document 13 Filed 03/14/2005 Page 2 of 3
WHEREAS, pursuant to a District Court Standing Order dated July 23, 2004, all
appeals from the Bankruptcy Court to the District Court were referred to mediation and briefing
was suspended for all such appeals;
WHEREAS, on January 6, 2005 Farloc filed its Brief and Appendix;
VVHEREAS, on January 14, 2005 the Court entered an Amended Notice of
Docketing indicating that the briefing schedule was no longer defened and giving the Debtors
until January 27, 2005 to file their answering brief
WHEREAS, the parties hereto have discussed the briefing schedule and agreed
upon a schedule; and
WHEREAS, the parties hereto had previously agreed to extend the briefing
schedules in the above-captioned appeal to allow the Debtors to file their answering brief no later
than March I4, 2005 and Farloc to file its reply brief no later than March 28, 2005.
NOW THEREFORE, in consideration of the foregoing, and subject to the
approval of the Court, it is hereby stipulated and agreed by and between the Debtors and Farloc
as follows:
l. Notwithstanding F ed.R.Bartkr.P. 8009, the answering briefs, and the reply
briefs for the above captioned appeal shall be filed according to the following schedule:
a. The Debtors shall file their answering brief on or before April l5,
2005; and
b. Farloc shall file its reply brief on or before April 29, 2005.
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Case 1 :04-cv—01549-JHR Document 13 Filed 03/14/2005 Page 3 of 3
2. Notwithstanding entry ofthe order, and in consideration of the extension
ofthe briefing schedule provided herein, the Debtors agree not to terminate the Licensing
Agreement that was the subject of the Order through and including April 15, 2005.
3. The deadlines set forth herein may be extended by mutual agreement
between the parties or by motion for good cause shown.
SIDLEY AUSTIN BROWN & WOOD LLP BUCHANAN INGERSOLL P.C.
James F. Conlan
Larry J. Nyhan t ` l
Kevin T. Lantry _ \餧` CL \]\’>
Kenneth P. Kansa David E. Wilks (Bar No. 2793)
Bank One Plaza The Nemours Building
10 South Dearbom Street 1007 North Orange Street, Suite 1110
Chicago, Illinois 60603 Wilmington, DE 19801-1236
Telephone: (312) 853-7000 Telephone: (302) 428-5500
I -and— Attorneys for Farloc Argentina S. A.
PACHULSKI, STANG, ZIEHL, YOUNG, JONES
& WEINTRAUB P.C.
Léga Davis Jones (Bar No. 2436)
James E. O’Neill (Bar No. 4042)
919 North Market Street, 16th Floor
P.O. Box 8705
Wilmington, Delaware 19899-8705 (Courier 19801)
Telephone: (302) 652-4100
Facsimile: (302) 652-4400
Attorneys for Debtors and Debtors-in-Possession
IT IS SO ORDERED this day of
, 2005.
United States District Judge
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