Free Stipulation - District Court of Delaware - Delaware

—————; Case 1 :04-cv-01389-JJF Document 56 Filed 06/08/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ) Chapter 11
NORTHWESTERN CORP. ) Bankruptcy Case No. 03-1287 2 (JLP)
Debtor. )) ___
Magten Asset Management Corp., )
Appellant g
v. ) Civil Action No. 04-1389-JJF
NorthWestem Corp., )
Appellee g
STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDLUQ
WHEREAS on October 25, 2004, Magten Asset Management Corporation (the
"Appellant"), filed a notice of appeal under 28 U.S.C. § 158(a) in the United States Bankruptcy
Court for the District of Delaware (the "Confirmation Appeal");
WHEREAS on December 10, 2004, the Confirmation Appeal was docketecl in the
District Court for the District of Delaware;
WHEREAS on October 26, 2004, Appellant, filed a notice of appeal under 28 U.S.C. §
158(a) in the United States Bankruptcy Court for the District of Delaware (the "MOU Appeal");
p WHEREAS on December 9, 2004, the MOU Appeal was docketed in the District Court
for the District of Delaware;
WHEREAS on December 30, 2004, the District Court for the District of Delaware
entered an order consolidating the Confirmation Appeal and the MOU Appeal (the
"Conso1idated Appeals").
IT IS I·IEREBY STIPULATED, AGREED AND ORDERED by and between Appellant
and NorthWestem Corporation (the "Appellee"), that:
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4·389-JJF Document 56 Filed 06/08/2005 Page 2 of 3
1. Appellant shall have through and including June 30, 2005 to file and serve an
answering brief and supporting memoranda, affidavit and appendix in opposition to the
Appellee’s motion to dismiss the Consolidated Appeals.
2. Appellee shall have through and including July 12, 2005 to file and serve
a reply brief and supporting memoranda, affidavit and appendix in response to any answering
brief filed by Appellant in opposition to Appellee’s motion to dismiss the Consolidated Appeals.
3. Appellant shall have through and including July 15, 2005 to file and serve an
opening brief and supporting memoranda, affidavit and appendix in support of the Consolidated
Appeals. _
4. Appellee shall have through and including August 12, 2005 to file and serve an
answering brief and supporting memoranda, affidavit and appendix in opposition of the
Consolidated Appeals.
I 5. Appellant shall have through and including August 26, 2005 to file and serve
a reply brief and supporting memoranda, affidavit and appendix in response to any answering
brief filed by Appellee in opposition of the Consolidated Appeals.
BLANK ROME LLP GREENBERG TRAURIG, LLP
Mark J. Packel (DE N0. 4048) Sc . Cousins (DE No. 3079)r-
Elio Battista, Jr. (DE No. 3814) William E. Chipman, Jr. (DE No. 3818)
1201 Market Street, Suite 800 1000 West Street, Suite 1540
Wilmington, DE 19801 Wilmington, DE 19801
Telephone: (302) 425-6400 Telephone: (302) 661-7000
-and- -and-

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·;——· Case 1 :04-cv-01389-JJF Document 56 Filed 06/08/2005 Page 3 of 3
FRIED, FRANK, HARRIS, SHRIVER & PAUL, HASTINGS, JANOFSKY &
JACOBSON LLP WALKER LLP
Bonnie Steingart Jesse H. Austin, HI, Esq.
Gary L. Kaplan Karol K. Denniston, Esq.
One New York Plaza 600 Peachtree Street, Suite 2400
New York, NY 10004 Atlanta, GA 30308
Telephone: (212) 859-8000 Telephone: (404) 815-2400
Attomeys for Appellant Attomeys for Appellee
SO ORDERED, this day of , 2005
The Honorable Joseph J. Farnan
United States District Court Judge
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