Free Motion to Stay - District Court of Delaware - Delaware

Case 1:08-cv-00233-JJF

Document 4

Filed 04/24/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: KAISER ALUMINUM CORPORATION, a Delaware Corporation, et al., Debtors. MOSS LANDING COMMERCIAL PARK, LLC, Appellant, v. KAISER ALUMINUM CORPORATION and KAISER ALUMINUM & CHEMICAL CORPORATION, Appellees. MOSS LANDING COMMERCIAL PARK, LLC'S EMERGENCY MOTION TO STAY BANKRUPTCY COURT ORDER ENFORCING INJUNCTIONS ISSUED IN CONNECTION WITH PLAN OF REORGANIZATION AND COMPELLING MOSS LANDING TO DISMISS WITHOUT PREJUDICE ITS LAWSUIT AGAINST DEBTORS Appellant Moss Landing Commercial Park, LLC ("MLCP") hereby moves the Court under Rule 8005 of the Federal Rules of Bankruptcy Procedure for a stay of the order of the United States Bankruptcy Court for the District of Delaware entered on March 27, 2008, and as modified on April 16, 2008 (the "Bankruptcy Court Order"), which mandates that MLCP dismiss it pending action against Kaiser Aluminum Corporation, et al. in the Northern District of California (the "California Action"). This motion is supported by Moss Landing Commercial Park, LLC's Memorandum Of Law In Support Of Emergency Motion to Stay Bankruptcy Order Enforcing Injunctions Issued in Connection With Plan of Reorganization and Compelling Moss Landing to Dismiss Without Prejudice Its Lawsuit Against Debtor (the "MLCP Memorandum") filed contemporaneously herewith.
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Chapter 11 Case No. 02-10429 (JKF) Jointly Administered

Case No. 08-cv-233

Case 1:08-cv-00233-JJF

Document 4

Filed 04/24/2008

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Case 1:08-cv-00233-JJF

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Filed 04/24/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: KAISER ALUMINUM CORPORATION, a Delaware Corporation, et al., Debtors. MOSS LANDING COMMERCIAL PARK, LLC, Appellant, 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. §§ 158(a) and (b) notice of the Motion was sufficient under the circumstances; and the Court having determined that the legal and factual bases set : : : : : : : : : : : : : : : : : :

Chapter 11 Case No. 02-10429 (JKF) Jointly Administered

Case No. 08-cv-233

557813.1 4/24/08

Case 1:08-cv-00233-JJF

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Filed 04/24/2008

Page 2 of 2

Case 1:08-cv-00233-JJF

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Filed 04/24/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: KAISER ALUMINUM CORPORATION, a Delaware Corporation, et al., Debtors. MOSS LANDING COMMERCIAL PARK, LLC, Appellant, v. KAISER ALUMINUM CORPORATION and KAISER ALUMINUM & CHEMICAL CORPORATION, Appellees. CERTIFICATE OF SERVICE I, Mark Minuti, Esquire of Saul Ewing LLP hereby certify that on April 24, 2008, service of the foregoing Moss Landing Commercial Park, LLC's Emergency Motion to Stay Bankruptcy Order Enforcing Injunctions Issued in Connection With Plan of Reorganization and Compelling Moss Landing to Dismiss Without Prejudice Its Lawsuit Against Debtors was made on the following parties in the manner indicated. Daniel J. DeFranceschi, Esquire Jason M. Madron, Esquire Richards, Layton & Finger, P.A. One Rodney Square P.O. Box 551 Wilmington, DE 19899 (Via Hand Delivery) Gregory M. Gordon, Esquire Daniel P. Winikka, Esquire Debra K. Simpson, Esquire Jones Day 2727 North Harwood Street Dallas, TX 75201 (Via Electronic Mail and First Class U.S. Mail : : : : : : : : : : : : : : : : : :

Chapter 11 Case No. 02-10429 (JKF) Jointly Administered

Case No. 08-cv-233

557813.1 4/24/08

Case 1:08-cv-00233-JJF

Document 4-3

Filed 04/24/2008

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