Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01336-SLR Document 56 Filed O9/O2/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter I1
TOUCH AMERICA HOLDINGS, INC., g Bk. No. 0341915 (KJC)
at Ed', Debtors. g J ointly Administered
Adv. Ne. 04-52935 (mc)
Plaintiff, l
OFFICIAL COMMITTEE OF UNSECURED g
CREDITORS, )
Plaintiffdntervenor, · g
v. g C.A. 04-l336—SLR
WESTMORELAND COAL COMPANY, l
a Delaware Corporation, and )
WESTMORELAND MINING LLC, )
a Delaware Limited Liability Company, )
Defendants. g
‘ A CERTIFICATION OF COUNSEL REGARDING ORDER APPROVING
STIPULATION AND SETTLEMENT AGREEMENT BY AND
BETWEEN THE PLAN TRUST ANI) WESTMORELAND
Brent C. Williams, plan trustee (the “P1an Trustee") for the liquidating trust (the
"Plan Trust”) established in the abovecaptioned cases pursuant to the confirmed Debtors’
Amended Liquidating Chapter ll Plan, flied the Motion for Entry of an Order Pursuant to Rule
9019 of the Federal Rules of Bankruptcy Procedure (the "Banl Stipulation and Settlement Agreement By and Between Westmoreland and the Plan Trust {Docket
No. 54] (the “Motion"). Pursuant to Bankruptcy Rule 2002(a)(3), objections to the Motion were
to be filed on or before September 1, -2005 (the "Objection Deadline"). The Plan Trustee did not
receive any objections on or before the Objection Deadline.
DBO§:l831583.2 oszzoircsi

Case 1:04-cv-01336-SLR Document 56 Filed O9/O2/2005 Page 2 of 4
The order approving the Motion, attached hereto, was entered on August 23, 2005
[Docket No. 55]. The Plan Trustee has served a copy ofthe approval order on all parties who
received the Motion.
Dated: Wilmington, Delaware
September 2, 2005-
WENSTON & STRAWN LL}?
Michael E. Emrich, Esq. (ME-4041) ‘
. 200 Park Avenue
New York, New York 101664193
Telephone: (212) 294-6700
Facsimile: (212) 294-4700
and
Eric E. Sagerman
Rolf S. Woolner
333 South Grand Avenue, 387] Floor
Los Angeles, California 90071
Telephone: (213) 615-1700
Facsimile: (213) 615~1750
and
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Ro6ert S. Brady (N 0. 2847)
Edmon L. Morton (N o. 3856)
Erin Edwards (No.4392)
The Brandywine Building
1000 West Street, 1'iih Floor
P.O. Box 39i
Wilmington, Delaware 19899-0391
Telephone: (302) 571-6600
Facsimile: (302) 571~l253
. Co-Counsel for the Plan Trustee
..2- _
DB01:t831583.2 0622G~7.§00l

Case 1:04-cv-01336-SLR Document 56 Filed O9/O2/2005 Page 3 of 4
" I Case 1:0-4-cv-01336-SLR Document 55 Filed 08/23l2005 Page ‘l of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DIS'1`RIC'I` OF DELAWARE
In re: ) Chapter II
)
TOUCH AMERICA HOLDINGS, INC., ) Bk. No. 03-1 I9I5 (KJC)
et al., )
Debtors, ) Jointly Administered
_.._,...._.........r...l..............._.___,_o_l
ENTECH LLC, ) Adv. No. 04*52935 (KSC)
)
Plaintiff, )
)
OFFICIAL COMMITTEE OF UNSECURED )
CREDITORS, )
)
Plaintiff—Interirenor, )
)
v. ) C.A. O4-I336—SLR
)
WESTMORELAND COAL COMPANY, )
a Delaware Corporation, and )
WESTMORELAND MINING LLC, )
a Delaware Limited Liability Company, )
)
_ Defendants. _)
ORDER PURSUANT TO BANKRUPTCY RULE 9019 APPROVING STIPULATION
AND SETTLEMENT AGREEMENT BY AND BETWEEN THE PLAN TRUST
AND WESTMORELAND PURSUANT TO BANKRUPTCY RULE 9019
Upon consideration ofthe motion (the "Moti0n")t ofBret11 C. Williams, plan
trustee tor the iiquidating trust established pursuant to the confirmed Debtors’ Amended
Liquidating Chapter I I Plan (the "Plan Trustee"), for entry of an order pursuant to Rule 9019 of
the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Ruler`) approving the Stipuletierz
and Settlement Agreement By and Between Westmoreland and the Plan Trust (the "Stipuiation")
attached as Exhibit A to the Motion; and it appearing that the Court has jurisdiction to consider
the Motion; and the Court having determined that the relief requested in the Motion is in the best
DI?Ol:1‘i’“!l6D6.6 oszzurnooi

Case 1:04-cv-01336-SLR Document 56 Filed O9/O2/2005 Page 4 of 4
Case 1:04-cv-O1336—SLR Document 55 Fited 08l23/2005 Page 2 of 2
interests of the estates and creditors; and it appearing that due and adequate notice and disclosure
ofthe Motion has been given; and after due deliberation and sufficient cause appearing therefor; it
is
ORDERED that the Motion is granted; and it is further
ORDERED that the Stipulation is approved pursuant to Bankruptcy Rule 9019; and
it is further
ORDERED that this Court shall retain jurisdiction over any and all matters arising
from or related to the Stipulation and the implementation or interpretation of this Order.
Dated: Wilmington, Delaware
§ [J-5 , 2005
Sue L. Robinsoné
Chief United States District Judge
i Capitalized terms not detined herein shall have the meaning ascribed in the Motion.
-2.
1:»s0t:m1s0s.