Free Order on Motion to Stay - District Court of Delaware - Delaware

A Case 1:08-cv-00233-JJF Document 9 Filed O4/25/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: :
: Chapter 11
KAISER ALUMINUM CORPORATION, a :
Delaware Corporation, g g, : Case N0. 02-10429 (JKF)
Debtors. Jointly Administered
MOSS LANDING COMMERCIAL PARK,
LLC, ;
A n t, Q
*"’° ““ , Ct.S,N.,. WM :223 me
V- :
KAISER ALUMINUM CORPORATION and
KAISER ALUMINUM & CHEMICAL ;
CORPORATION, ;
Appellees. ·
ORDER GRANTING MOSS LANDING COMMERCIAL PARK LLC’S
EMERGENCY MOTION TO STAY ENFORCEMENT OF BANKRUPTCY COURT
ORDER ENFORCING INJUNCTIONS ISSUED IN CONNECTION WITH PLAN
OF REORGANIZATION AND COMPELLING MOSS LANDING TO
DISMISS WITHOUT PREJUDICE ITS LAWSUIT AGAINST DEBTOR
This matter having come before the Court on Moss Landing Commercial Park LLC’s
Emergency Motion to Stay Enforcement (the “Motion") of the United States Bankruptcy Court _
for the District of Delaware’s March 27, 2008 Order Enforcing Injunctions Issued in Connection
with the Second Amended Joint Plan of Reorganization and Compelling Moss Landing
Commercial Park LLC to Dismiss Without Prejudice its Lawsuit Against Kaiser Aluminum
Corporation and Kaiser Aluminum & Chemical Corporation, as later modified by order dated
April 16, 2008 (the “Bankruptcy Court Order"); and the Court finding that (a) it has jurisdiction
over this matter pursuant to 28 U.S.C. §§ l58(a) and (b) notice of the Motion was sufficient
under the circumstances; and the Court having determined that the legal and factual bases set
5$78l3,l4f24f08

Case 1:08-cv-00233-JJF Document 9 Filed O4/25/2008 Page 2 of 2
forth in the Motion and accompanying memorandum of law establish just cause for the relief
granted herein; it is hereby ORDERED that:
l. The Motion is GRANTED}
2. The Bankruptcy Court Order is hereby stayed pending MLCP’s appeal of the
Bankruptcy Court Order, such that Kaiser shall file an answer to the California Action and the
parties shall be permitted to pursue discovery in the California Action.
_ I
Uni d S District Court Ju ge
Dated: Z 5 , 2008
1 Unless otherwise defined, capitalized terms used herein shall have the same meaning as set forth in.the
Motion.
S5?Bl3.l 4.'24!0B ' 2 '

Case 1:08-cv-00233-JJF

Document 9

Filed 04/25/2008

Page 1 of 2

Case 1:08-cv-00233-JJF

Document 9

Filed 04/25/2008

Page 2 of 2