Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-00353-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
In re

M GROUP,INC Debtor THE INTERPUBLIC GROUPOF COMPANIES,INC. t/a TRANSWORLDMARKETING CORP. Appellant,
v.

Civil Action No. 04-353(JJF)

) ) Bankruptcy CaseNo. 00-1936 (JKF)

) )
) ) ) ) )

Larry Waslow, in his capacityas Unsecured Claims Administrator of M Group,Inc. Appellee.

) )

STIPULA TI(JIN OF WITHDRAWAL

OF APPEAL

The Interpublic Group of Companies, Inc. tJa Transworld Marketing Corp. ("Appellant") and Larry Waslow, in his capacity as Unsecured Claims Administrator ofM Group, Inc (" Appellee "), by and through their respective attorneys, herebysubmit this Stipulation of

Withdrawal of Appeal ("Stipulation")and in supporthereofstates follows: as
1

The above-captioned appeal("Appeal")wasfiled in the United StatesBankruptcy

Court for the District of Delaware("BankruptcyCourt") on May 10,2004anddocketedwith this Court on or aboutJune4, 2004.The Appealis relatedto an OrdergrantingPlaintiffs Motion for
Summary Judgment filed in adversaryproceeding number 02-3434 (" Adversary").

2.

Following the filing of the Appeal, the parties entered into settlement negotiation~

in an effort to avoid the expenseof briefing and further litigation. After lengthy negotiations, the

Case 1:04-cv-00353-JJF

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partiesenteredinto an agreement resolvingthe Adversary.On July 27, 2005,the Plaintiff filed a Motion to Approve a Settlement Stipulation,andan Ordergrantingthat Motion was enteredby the BankruptcyCourt on September 13,2005. A copyof that Orderis attached heretoas Exhibit A. THEREFORE,it is herebySTIPULATED AND AGREED by and between Appellan~ the and Appelleethat the Appellant herebyWITHDRAWS this appealand respectfullyrequests that this matterbe CLOSED.

By: A MAN LA VINE GOLD AND LEVIN, PROFESSIONALCORPORATION Jonathan Stemerman, M. Esquire(No. 4510) 919 North Market Street,Suite 710 Wilmington, DE 19801 (302)654-8200

Counselfor Larry Waslow, Unsecured Claims Administratorof the bankruptcyestate ofM Group,Inc.

Counsel for The Interpublic Group of Companies, Inc. t/a Transworld Marketing Corp

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Case 1:04-cv-00353-JJF

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IN l1IE UNITED STATES BANKRUPTCY COURT FOR mE DISTRICT OF DELAWARE

InRe:
M Group, Inc. Dcbtor. Larry Wnslow, in his capacity as Un:.ecured Claims Administrator of M Group, Inc. PlmntifT.

) ) )

Chapter11 CaseNo. 00-1936 (JKF)

)
)

)
v,

Advcrsary CaseNo; 02-3434 (JKF) c.;> +

THE IN'fERPUBLIC GROUP OF COMPANIES, INC. 1111 TRANS WORLD MARKETfNG CORP.

~ Re: Docket N~.

Defendant. ORDER APPROVING SETTLEMENT STIPULATION BY AND BETWEENLARRY W ASLOW, IN HIS CAPACITY AS UNSECURED CLAIMS ADMINlSTI{A1'OR OF .' THE BANKRUPTCY ESTATE OF M GROUP,INC., AND THE INTERPUBLIC GROUPOF COMPANIES,INC. till TRANSWOJ{LDMARKETING CORP. PlIl{SIJANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019
Upon cOfl5iderationof Ihemotion (the "Motion") of Larry WiJ$low,the Unsecured Claims Administrator of the bunkruptcy estateof M Group, Inc., for the Entry of an Order Approving Settlement Stipulation I:ly and BetWcenLarry Was!ow, thcUnseCl.lred Claims Administrator of the bankruptcy cstate of M Group, Inc., and The Interpublic Group of Companies,Inc. 1/aTransworld Marketing Corp. Pursuantto Bankruptcy Rul!: 9019, and ooy objections tha~may have been filed to 1hcMotion, and it appcariIlg that the Settlement fair and reasonableand in the best interests of the cstateandcreditors,it is is
hereby Ordered as fnllows:

The Motion i~ Granted and the SettlementStipulation affixed as Exhibit
A to tho Motion is Approved; and

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.2.

The parties to the Seltlcment Stipularlbnare authorized to implement the

Settlement Stipulation in accordance with its teml$.

BY THE COURT:

9t..c ~~.;~$~~~~
JuditiK. Fitzgerdld,
United StatesBarikruptcy Judge.

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