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

Case 1 :04-cv-01279-JJF Document 56 Filed 08/28/2006 Page 1 of 4
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: ) Chapter 11
)
NORTHWESTERN CORPORATION, ) Case No. 03-12872 (CGC)
J
Debtor. )

MAGTEN ASSET MANAGEMENT CORP. )
)
Appellant, ) Civil Action No. 04-1279 JJF
)
v. )
)
PAUL HASTINGS JANOFSKY & )
WALKER LLP, )
)
Appellee. )

APPELLANT’S DESIGNATION OF THE RECORD AND
STATEMENT OF THE ISSUES ON APPEAL TO THE UNITED STATES COURT OF
APPEALS FOR THE TI-IIRD CIRCUIT
Magten Asset Management Corporation, the Appellant in an appeal to the United States
Court of Appeals for the Third Circuit tiled on August 14, 2006 tiles, pursuant to Fed. R. App. P.
6(b)(2)(B)(i), this designation ofthe items to be included in the record on the appeal of this
Court’s order dated July 17, 2006 (Docket No. 53), which order affirmed the Bankruptcy Court’s
memorandum decision dated July 23, 2004 and order dated August 19, 2004 (Docket Nos. 1751
and 1942, respectively), and the statement of the issues to be presented on appeal.
DESIGNATION OF THE RECORD
A. The entire record that was assembled by the Bankruptcy Court and forwarded to
the District Court, in compliance with Bankruptcy Rule 8006, for use and reference in Civil
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Case 1:04-cv-01279-JJF Document 56 Filed 08/28/2006 Page 2 of 4
Action No. 04-1279 (J I F), including each and every docket entry and hearing transcript contained
therein.
B. From the docket in the District Court:
Docket No. Date Item
1 9/ 17/04 Notice of Appeal
2 9/17/04 Designation, Statement of Issues and Designated Record filed by
Ma ten and documents identified therein
3 9/17/04 Designation, Statement of Issues and Designated Record tiled by
Northwestern Co • and documents identified therein
5 9/23/04 Designated Record filed by Paul Hastings (and documents identified
therein)
21 6/28/05 Appellant Brief filed by Magten
22 6/28/05 Appendix to Appellant Brief] Volume I, filed by Magten
23 6/28/05 Appendix to Appellant Brief; Volume II, tiled by Magten
26 8/05/05 Appellee Brief filed by Paul Hastings
27 8/05/05 Compendium of Unreported Decisions filed by Paul Hastings
28 8/05/05 Appendix to Appellee Brief
29 8/15/05 Appellant’s Reply Brief
52 7/17/06 Memorandum Opinion
53 7/17/06 Order
54 8/14/06 Notice of Appeal
STATEMENT OF THE ISSUES ON APPEAL
l. Whether the District Court erred in affirming the Bankruptcy Court’s
Memorandum Decision dated July 23, 2004 and Order dated August 19, 2004.
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Case 1 :04-cv-01279-JJF Document 56 Filed 08/28/2006 Page 3 Of 4
2. Whether the Bankruptcy Coun abused its discretion by refusing to find that Paul
Hastings had an actual conflict resulting from its dual representation ofNo1thwestem and Clark
Fork in connection with a fraudulent conveyance transaction which transferred the bulk of Clark
Fork’s assets to Northwestern, which actual contlict would have mandated disqualification.
3. Whether the Bankmptcy Court abused its discretion by not disqualifying Paul
Hastings where Paul Hastings held a material interest adverse to a class ofcreditors and thus was
not a disinterested person as required.
4. Whether the Bankruptcy Court abused its discretion by not disqualifying Paul
Hastings where Paul Hastings knowingly concealed its central role in the key transaction between
Northwestern and Clark Fork, particularly where the information concealed had, at a minimum, a
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Case 1:04-cv-01279-JJF Document 56 Filed 08/28/2006 Page 4 of 4
bearing on attorney disqualification.
Dated: August 28, 2006
SMITH, KATZENSTEIN & FURLOW, LLP
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.. e ` . .No. 932)
*/_»’ ee iller (I.D. N0. 2898)
he ¤ » rate Plaza
80 a -. · · · e
P
Wi mmgton, DE 19899 (Courier 19801)
Tel: (302) 652—8400
Fax: (302) 652-8405
Email: 1 and
STORCH AMINI & MUNVES PC
Bijan Amini
Avery Samet
2 Grand Central Tower
New York, New York 10017
(212) 490-4100
ATTORNEYS FOR MAGTEN ASSET
MANAGEMENT CORPORATION
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