Free Stipulation - District Court of Delaware - Delaware

Case 1:08-cv-00024-JJF Document 9 Filed O4/22/2008 Paget of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
) Chapter 11
Global Power Equipment Group, Inc., et al., ) Case No. 06-11045 (BLS)
) J ointly Administered

Appellant, )
v. ) Case No. 8-cv-00024 (JFF)
Global Power Equipment Group, Inc., et al., )
Appellees. )

STIPULATION REGARDING THE
ESTABLISHMENT OF BRIEFING SCHEDULE FOR APPEAL
This Stzpulation Regarding the Establishment of Briefing Schedule for Appeal is entered
into by and between Global Power Equipment Group, Inc., et al. (collectively, "Debtors"),
Robert Troisio, the Deltak Plan Administrator, and the Official Committee of Equity Security
Holders (collectively, the "Estate Representatives" or "Appellees") and SNC-Lavalin Power
Ontario, Inc. ("Appellant") with respect to the above-captioned appeal (the "Appeal") from the
Claims Order (as hereinafter defined).
1. Background. Appellant filed a proof of claim in the bankruptcy cases of Debtors
Global Power Equipment Group, Inc. and Deltak, LLC. On December 21, 2007, the Bankruptcy
Court entered its Order Sustaining Estate Parties’ Objections to Proofs of Claim Nos. 1099 and
1100 Filed by SNC-Lavalin Power Ontario, Inc. and Temporarily Allowing for Plan Voting
Purposes Claim No. 1099 (Bankr. D.I. 2236) (the "Claims Order"). SNC filed its Notice of
{B0744460;2}

Case 1:08-cv-00024-JJF Document 9 Filed O4/22/2008 Page 2 of 3
Appeal of the Claims Order on December 27, 2007. This Appeal was docketed by the District
Court Clerk on January 14, 2008 (D.l. 3).
2. Mediation. Pursuant to the Standing Order Governing Mediation of Appeals jrom
the United States Bankruptcy Court for this District, entered by the District Court on July 23,
2004, mediation of this Appeal was held on March 27, 2008, with several follow-up
conversations occurring between the parties the following week. On April 8, 2008, the mediator
submitted his Notice of Mediation Impasse, Concurrence of All Interested Parties (D.I. 8) to the
Court, concluding his efforts. The termination of the mediation also terminated the deferral of
briefing in this Appeal.
3. Stipulation on Briefing Schedule. Based on the foregoing, the Estate
Representatives and Appellant discussed and agreed upon a schedule for briefing this Appeal,
and request that the Court approve the following schedule for briefing on the Claims Order
Appeal:
a. Appellant’s Opening Brief due on Thursday, May 15, 2008.
b. Appellees’ Answering Brief due on Monday, June 23, 2008.
c. Appellant’s Reply Brief due on Tuesday, July 8, 2008.
SULLIVAN · HAZELTINE · Au.1NsoN tre BAYARD, P.A.
/s/ William D. Sullivan /s/ Je@ey M Schlerf
William D. Sullivan (No. 2820) Jeffrey M. Schlerf (No. 3047)
Elihu E. Allinson, lll (No. 3476) Scott G. Wilcox (No. 3882)
4 East 8th Street, Suite 400 Kathryn D. Sallie (No. 4600)
Wilmington, DE 19801 222 Delaware Avenue, Suite 900
Tel: (302) 428-8l9l Wilmington, DE 19801
-and— -and-
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Case 1:08-cv-00024-JJF Document 9 Filed O4/22/2008 Page 3 of 3
Howard L. Siegel, Esq.
BROWN RUDNICK BERLACK ISRAELS
LLP
CityPlace
185 Asylum Street
Hartford, CT 06103-3402
{ Attorneys for the Ojicial Committee of
Equity Security Holders
Dated: April 22, 2008
Wilmington, Delaware
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Case 1:08-cv-00024-JJF Document 9-2 Filed O4/22/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
In re: ) Chapter 11
)
Global Power Equipment Group, Inc., et al., ) Case No. 06-11045 (BLS)
) Jointly Administered
SNC-Lavalin Power Ontario, Inc. )
)
Appellant )
)
v. ) Cases No. 8-cv-00024 (JFF)
)
Global Power Equipment Group, Inc., et al. )
)
Appellees. )
?_._;_ _)
ORDER APPROVING STIPULATION REGARDING
THE ESTABLISHMENT OF BRIEFING SCHEDULE FOR APPEAL
Based on the Stipulation Regarding the Establishment 0f Briefing Schedule for Appeal
entered into by and between Global Power Equipment Group, Inc., et al. and SNC-Lavalin
Power Ontario, Inc. with respect to the above—captioned appeal (the "Stipulation"), the Court
hereby orders and directs that the Stipulation shall be effective as an Order of this Court, and that
the parties shall adhere to the briefing schedule set forth in paragraph 3 of the Stipulation.
Dated: April , 2008
Wilmington, Delaware
The Honorable Joseph J. Farnan, Jr.
United States District Judge
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