Free Designation of Record on Appeal - District Court of Delaware - Delaware


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Date: November 29, 2005
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Category: District Court of Delaware
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Case 1 :04-cv-01543-SLR Document 27 Filed 11/29/2005 Page 1 of 4 iz-
IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
Jointly Administered under
Onco Investment Company, et al., Cage NO; 04-10558 (JBR)
Debtom Adversary Proceeding
Case No.: 04-54122 (J BR) _
MW Post Portfolio Fund Ltd., et al., A
Plaintiffs, _
‘ against ‘· Civil Action No. 04-1543 (SLR)
Norwest Bank Minnesota, National _ _ _ L
Association (nfk/a Wells Fargo Bank, MN, Third Clrcmt Appeal N°‘ O5'4857
National Association), et al. 1
Defendants. n
APPELLEES’ DESIGNATION OF ADDITIONAL (
ITEMS TO BE INCLUDED IN RECORD ON APPEAL 1
Wells Fargo Bank, National Association ("Wells Fargo") and the above-captioned
debtors and debtors in possession (collectively, the "Debtors," and together with Wells Fargo,
the “Appe1lees"), by and through their undersigned counsel, pursuant to Rule 6 of the Federal
Rules of Appellate Procedure and Rule 8006 of the Federal Rules of Bankruptcy Procedure (the
“Bankruptcy Rules"), hereby submit the following designation of additional items to be
presented in the record on appeal filed by the plaintiffs (the "Appellants") on November 14, 2005
in the above-captioned appeal from the Memorandum Order of the United States District Court if
for the District of Delaware (the "District C0urt") (Robinson, J.), entered on the District Court’s I
docket on September 29, 2005 [Docket No. 21]. p

Case 1:04-cv-01543-SLR Document 27 Filed 11/29/2005 Page 2 of 4 j_
e DESIGNATION OF THE RECORD T
Appellees concur that the record on appeal should include all of the documents in
the District Court record. For purposes of clarification, however, Appellees submit that the 1
record on appeal includes the following additional items (not specifically listed by Appellants)
from the above—captioned bankruptcy case docket (Case No. 04-10558), which Appellees
designated pursuant to Bankruptcy Rule 8006 in the original appeal from the United States
Bankruptcy Court for the District of Delaware to the District Court and are reflected on the U
District Court docket as items 3 and 4: _`
FJLE DOCKET TITLE OF V
DATE NU1\/[BER DOCUMENT
7/1/2004 1288 First Amended Disclosure Statement Pursuant to Section 1125 of 1
the Bankruptcy Code for the Joint Plan of Reorganization of 1
Debtors and Debtors in Possession J
7/16/2004 1350 Objection of the Ad Hoc Committee of Senior Secured J
Noteholders to First Amended Disclosure Statement Pursuant to
Section 1125 of the Bankruptcy Code for the Joint Plan of ,
Reorganization of Debtors and Debtors in Possession Q
7/30/2004 1422 Second Amended Disclosure Statement Pursuant to Section 1125
of the Bankruptcy Code for the Second Amended Joint Plan of E
Reorganization of Debtors and Debtors in Possession
8/4/2004 1447 Order Approving Second Amended Disclosure Statement J
Pursuant to Section 1125 of the Bankruptcy Code for the Second U
Amended Joint Plan of Reorganization of Debtors and Debtors in
Possession
9/17/2004 1619 Objection of the Ad Hoc Committee of Senior Secured
Noteholders to Confimiation of the Second Amended Joint Plan _
of Reorganization of the Debtors and Debtors in Possession
09/24/2004 1662 Consolidated Reply of the Debtors and Debtors in Possession to if
Objections Filed to Confirmation of the Second Amended Joint l
Plan of Reorganization of Debtors and Debtors in Possession 1
K

.Case 1:04-cv-01543-SLR Document 27 Filed 11/29/2005 Page 3 of 4 .
FILE DOCKET TITLE OF -
DATE NUMBER DOCUMENT l
10/21/2004 1801 Transcript of Hearing Before the Honorable Joel B. Rosenthal,
United States Bankruptcy Judge, on October 5, 2004 —
11/ 17/2004 1945 Order Confirming Second Amended Joint Plan of Reorganization l
of Debtors and Debtors in Possession (including exhibits)
Dated: November 29, 2005 `
PACHULSKI, STANG, ZIBHL, YOUNG, _
JONES & WEINTRAUB P.C.
J`
aura Davis ones, Esq. (DE Bar No. 2436) .
919 North Market Street, 16th Floor
P.O. Box 8705 j
Wilmington, Delaware 19899-8705
Telephone: (302) 652-4100
Facsimile: (302) 652-4400
and ,
William P. Weintraub, Esq. (admitted pro hac vice)
780 Third Avenue, 36th Floor ‘
New York, New York 10017 F
Telephone: (212) 561-7700
Facsimile: (212) 561-7777
and
DEWEY BALLANTINE LLP
Richard W. Reinthaler, Esq.
Dianne Coffino, Esq. l
1301 Avenue of the Americas
New York, New York 10019
Telephone: (212) 259-8000 it
Facsimile: (212) 259-6333 I
Co-Counsel for Wells Fargo Bank, E
National Association _
Y

Case 1:04-cv-01543-SLR Document 27 Filed 11/29/2005 Page 4 of 4
and
RICHARDS, LAYTON & FINGER, P.A.
Daniel J- Deliranceschi, Esq- (DE Bar No- 2732)
Paul N- Heath, Esq. (DE Bar No. 3704) o
One Rodney Square .
P.O. Box 551
Wilmington, DE 19899
Telephone: (302) 651-7700 `
Facsimile: (302) 658-6548 A .
and in
JONES DAY
David G. Heiman, Esq. (O1-1 Bar No- 0038271)
Heather Lennox, Esq. (OH Bar No. 0059649)
Michelle M. Hamer, Esq. (OH Bar No. 0064833) p
No11‘l1 Point
901 Lakeside Avenue 1
Cleveland, Ohio 44114
Telephone: (216) 586-3939 `°
Facsimile: (216) 579-0212
Co-Counsel for the Debtors and Debtors in
Possession