Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-01433-JJF Document 17 Filed 08/23/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: §
§
PL LIQUIDATION CORP., etal., I/lc/a § Chapter 7
PLASSEIN INTERNATIONAL CORP, § Bankruptcy Case No. 03—I l489 (ICG)
§
Debtors § (lointly Administered)

§
EXOPACIQONTARIO, INC., I/k/a §
PORTSMOUTH ACQUISITION CO., §
and E.XOPACI{-THOMASVII.L,E, LLC, §
§
Appellant, §
§
v. § Civil Action N0, O4-l433 (JJF)
§
WILLIAM BRANDT, Trustee, §
FLEET CAPITAL CORP., OREGG §
COUNTY and CITY OF LONGVIEW §
TEXAS, PTNE TREE INDEPENDENT §
SCHOOL DISTRICT §
§
Appellees. §

STIPULATION AND ORDER
REGARDING FURTHER EXTENSION OF BRIEFING SCHEDULE
WHEREAS, the Court has entered an order setting a briefing schedule for the above~
captioned bankruptcy appeal (tlie “SCllG(ll.lllI”1g Order,” Docket No. 8);
WHEREAS, on February 7, .2006, the Appellant and Appellees agreed to a briefing
schedule difterent tiom the Scheduling Order (tlie “StipuIated Scheduling Order," Docket No, 9);
WHEREAS, on March I3, 2906, the Appellant and Appellees agreed to further extend
the briefing schedule set forth in the Stipulated Scheduling Order (the "Second Stipulated
Scheduling Order," Docket No. I0);
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Case 1 :04-cv-01433-JJF Document 17 Filed 08/23/2006 Page 2 of 4
WHEREAS, on March 27, 2006, the Appellant and Appellees agreed to further extend
the brieting schedule set forth in the Second Stipulated Scheduling Order (the ""l`liird Stipulated
Scheduling Order," Docket No. l I);
WHEREAS, on May l, 2006, the Appellant and Appellees agreed to further extend the
briefing schedule set forth in the Third Stipulated Scheduling Order (the “l$0Ll1“ll} Stipulated
Scheduling Order,” Docket No. 12);
WHEREAS, on June l, 2006, the Appellant and Appellees agreed to further extend the
briefing schedule set forth in the Fourth Stipulated Scheduling Order (the "Fittlr Stipulated
Scheduling Order," Docket No. 14);
WHEREAS, on June 29, 2006, the Appellant and Appellees agreed to further extend the
briefing schedule set forth in the Fifth Stipulatecl Scheduling Order (the “Sixth Stipulated
Scheduling Order," Docket No, 15)
WHEREAS, on July 28, 2006, the Appellant and Appellees agreed to further extend the
briefing schedule set forth in the Sixth Stipulated Scheduling Order (the “Seventh Stipulated
Scheduling Order," Docket No, 16);
WHEREAS, the Appellant and Appellees have reached a consensual resolution of this
matter (the "Settle1nent Agreement") and Appellee, William A. Brandt, has filed the Trustee’s
Motion to Approve Settlement Agreement (Exopack) (the "Motion") attached hereto as Exhibit
A, with the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy
Court");
WHEREAS, the Motion is set to be heard by the Bankruptcy Court on September l3,
2006;
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Case 1 :04-cv-01433-JJF Document 17 Filed 08/23/2006 Page 3 of 4
WHEREAS, upon the final approval ofthe Settlement Agreement, attached to the Motion
as Exhibit A, this Appeal will be dismissed as moot;
WHEREAS, the Appellant and Appellees liave agreed to further extend the briefing
schedule set forth in the Seventh Stipulated Scheduling Order to allow the Bankruptcy Court to
enter a final order resolving this matter;
NOW, THEREFORE, it is hereby stipulated and agreed that, should the Settlement
Agreement not be approved by the Bankruptcy Court, the following brieting schedule shalt be
established:
Appellant’s Opening Brief on appeal shall he tiled on or before October 30, 2006;
AppelIees’ Answering Briefon appeal shalt be filed on or before November 29, 2006;
Appellant’s Reply Brief on appeal shall be tiled on or before December ll, 2006.
Dated: August Q3, 2006 0% `
Wilmington, Delaware I
J H. Knight (No. 38 8)
N. Heath (No. 3704)
Richards, Layton & Finger, P.A.
One Rodney Square
P.O. Box 551
Wilmington, Delaware l9899
(302) 65l—7'/00
—and-
William A. Wood, III
State Bar No. 11768600
Bracewell & Giuliani LLP
'/ll Louisiana Street, Suite 2300
Houston, Texas 770022770
(7l3) 221-l i66
Attorneys for Appellant Exopacl<—Ontario Inc, t`/ida
Portsmouth Acquisition Co.
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Case 1 :04-cv-01433-JJF Document 17 Filed 08/23/2006 Page 4 of 4
Dated: August 232, 2006 W ML
Wilmington, Delaware Dric D. Schwartz (No.%l34l
Daniel B. Butz (No. 4227)
Morris, Nichols, Arsht & Tunnell
1201 N. Market Street
P.O. Box 1.347
Wilmington, Delaware 19899
(.302) 351-9308
—and-
Charles R. Bennett, Jr.
Hanify & King
One Beacon Street
Boston, Massachusetts 02108-3 t 07
(617) 4230400
Attorneys for Appellee William A. Brandt, Jr.,
Chapter 7 Trustee for PL Liquidation Corp., et al.
Dated: August Zi, 2006 I ` ut
Wilmington, Delaware Stu M. Brown (No. 4050)
Edwards Angell Palmer & Dodge, LLP
919 N. Market Street, Suite 1500
Wilmington, Delaware 19801
(302) 425—7I 05
Attorneys for Appellee Fleet Capital Corporation
SO ORDERED this clay of , 2006.
United States District Judge
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