10-14419-scc Doc 1144 Filed 05/15/13 Entered 05/15/13 182819 Main Document Pg 1 of 3 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- x In re BOSTON GENERATING, LLC, et al., Debtors. --------------------------------------------------------------- x CRAIG R. JALBERT, the Liquidating Trustee of the BosGen Liquidating Trust, Plaintiff, -against- US POWER GENERATING COMPANY; USPG POWER SERVICES, INC.; ASTORIA GENERATING COMPANY, LP; MARK SUDBEY; JEFF HUNTER; CRAIG HART; and WESLEY KERN, Defendants. --------------------------------------------------------------- x Chapter 11 Case No. 10-14419 (SCC) Jointly Administered Adversary Proceeding No. 12-01848 (SCC) CERTIFICATE OF NO OBJECTION UNDER 28 U.S.C. 1746 REGARDING PROPOSED STIPULATION DISMISSING CLAIMS WITH PREJUDICE Pursuant to 28 U.S.C. 1746 and this Court s Administrative Order Establishing Case Management Procedures, dated August 20, 2010 [Docket No. 46] (the Case Management Order ), the undersigned hereby certify as follows 1. On May 7, 2013, the Parties served the Notice of Presentment of Stipulation Dismissing With Prejudice All Claims And Causes of Action Between Plaintiff Craig R. Jalbert, the Liquidating Trustee of the BosGen Liquidating Trust, and Defendants US Power Generating Company, USPG Power Services, Inc., Astoria Generating Company, LP, Mark Sudbey, Jeff Hunter, Craig Hart, and Wesley Kern. 04860.62515/5317454.3 1
10-14419-scc Doc 1144 Filed 05/15/13 Entered 05/15/13 182819 Main Document Pg 2 of 3 2. The Notice was served on May 7, 2013 in accordance with the procedures set forth in the Case Management Procedures on (a) the United States Trustee for the Southern District of New York; (b) the Debtors; (c) counsel to the Official Committee of Unsecured Creditors (the Creditors Committee ); and (d) any other parties as specified in the Case Management Procedures. 3. In accordance with the Notice, the deadline for parties to object or file a response to the Protective Order was May 14, 2013 at 400 p.m. (prevailing Eastern Time) (the Objection Deadline ). The Case Management Procedures provide that if no objection is filed and served in a timely fashion, counsel for the entity who filed the pleading may file a certification that no objection has been filed (a Certificate of No Objection ), and the Court may enter the order submitted with the Certificate of No Objection without conducting a hearing. See Case Management Procedures. 4. The Objection Deadline has passed and no objection or other responsive pleading to the Notice of Presentment has been filed with the Court on the docket of the Debtors cases in accordance with the procedures set forth in the Case Management Procedures, nor has any objection or other responsive pleading with respect to the Notice of Presentment been served on the Parties to this Adversary Proceeding or their counsel. 5. Accordingly, for the reasons set forth in the Notice of Presentment, the Parties respectfully request that the Notice of Presentment of Stipulation Dismissing Claims with Prejudice, a copy of which is attached hereto as Exhibit A be entered in accordance with the Case Management Procedures adopted by the Case Management Order. Dated May 15, 2013 Respectfully submitted, 2
10-14419-scc Doc 1144 Filed 05/15/13 Entered 05/15/13 182819 Main Document Pg 3 of 3 US POWER GENERATING COMPANY; USPG POWER SERVICES, INC.; ASTORIA GENERATING COMPANY, LP; MARK SUDBEY; JEFF HUNTER; CRAIG HART; and WESLEY KERN By their attorneys /s/ Susheel Kirpalani Susheel Kirpalani susheelkirpalani@quinnemanuel.com James C. Tecce jamestecce@quinnemanuel.com Daniel S. Holzman danielholzman@quinnemanuel.com Mary Kathryn Nagle marykathrynnagle@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN LLP 51 Madison Avenue, 22 nd Floor New York, New York 10010 Telephone (212) 849-7000 Fax (212) 849-7100 MARK HOLLIDAY, THE LIQUIDATING TRUSTEE OF THE BOSGEN LIQUIDATING TRUST, By its attorneys /s/ Michael Gruber G. Michael Gruber mgruber@ghjhlaw.com Telephone (214) 855-6801 Fax (214) 855-6808 GRUBER HURST JOHANSEN HAIL SHANK 1445 Ross Avenue Suite 2500 Dallas, Texas 75202 3
10-14419-scc Doc Doc 1141 1144-1 Filed Filed 05/07/13 05/15/13 Entered Entered 05/07/13 05/15/13 190413 182819 Main Exhibit Document A Pg Pg 1 1 of of 123 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- x In re BOSTON GENERATING, LLC, et al., Debtors. --------------------------------------------------------------- x CRAIG R. JALBERT, the Liquidating Trustee of the BosGen Liquidating Trust, Plaintiff, -against- US POWER GENERATING COMPANY; USPG POWER SERVICES, INC.; ASTORIA GENERATING COMPANY, LP; MARK SUDBEY; JEFF HUNTER; CRAIG HART; and WESLEY KERN, Defendants. --------------------------------------------------------------- x Chapter 11 Case No. 10-14419 (SCC) Jointly Administered Adversary Proceeding No. 12-01848 (SCC) NOTICE OF PRESENTMENT OF STIPULATION DISMISSING WITH PREJUDICE ALL CLAIMS AND CAUSES OF ACTION BETWEEN PLAINTIFF CRAIG R. JALBERT AND DEFENDANTS US POWER GENERATING COMPANY, USPG POWER SERVICES, INC., ASTORIA GENERATING COMPANY, LP, MARK SUDBEY, JEFF HUNTER, CRAIG HART, AND WESLEY KERN PLEASE TAKE NOTICE that the undersigned request presentment of the annexed Stipulation Dismissing With Prejudice All Claims And Causes of Action Between Plaintiff Craig R. Jalbert, the Liquidating Trustee of the BosGen Liquidating Trust, and Defendants US Power Generating Company, USPG Power Services, Inc., Astoria Generating Company, LP, Mark Sudbey, Jeff Hunter, Craig Hart, and Wesley Kern to the Honorable Shelley C. Chapman, United States Bankruptcy Judge, for signature on May 15, 2013 at 1000 a.m. (prevailing Eastern time).
10-14419-scc Doc Doc 1141 1144-1 Filed Filed 05/07/13 05/15/13 Entered Entered 05/07/13 05/15/13 190413 182819 Main Exhibit Document A Pg Pg 2 2 of of 123 PLEASE TAKE FURTHER NOTICE that responses or objections, if any, to the Proposed Order must be in writing, must conform to the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) and the Local Rules of the Bankruptcy Court for the Southern District of New York, must set forth the name of the objecting party, the basis for the objection and the specific grounds therefore, and must be filed with the Bankruptcy Court, by May 14, 2013 at 400 p.m. (prevailing Eastern Time) electronically in accordance with General Order M-242 (General Order M-242 and the User s Manual for the Electronic Case Filing System may be found at www.nysb.uscourts.gov, the official website for the Bankruptcy Court) by registered users of the Bankruptcy Court s case filing system, and by all other parties in interest on a 3.5 inch disk, preferably in Portable Document Format (PDF), WordPerfect, or any other Windowsbased word processing format (with a hard copy delivered directly to Chambers), in accordance with General Order M-242, and any objection must further be served upon (i) Quinn Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, New York, New York 10010, Attn. Susheel Kirpalani, Esq., James C. Tecce, Esq., Daniel Holzman, Esq., and Mary Kathryn Nagle, Esq.; (ii) the Office of the United States Trustee for the Southern District of New York, 33 Whitehall Street, 21st Floor, New York, New York 10004, Attn. Andy Velez-Rivera, Esq., Paul Schwartzberg, Esq., Brian Masumoto, Esq., Linda Riffkin, Esq., and Tracy Hope Davis; Esq.; (iii) Gruber, Hearst, Johansen, Hail, & Shank, 1445 Ross Avenue, Suite 2500, Dallas, Texas 75202, Attn. Michael Gruber, Esq; (iv) Andrews Kurth, LLP, 450 Lexington Avenue, New York, New York 10017, Attn. Paul N. Silverstein, Esq.; and (v) any person or entity with a particularized interest in the Proposed Order, so as to be received no later than May 14, 2013 at 400 p.m. (prevailing Eastern Time). Unless objections are timely received in accordance with this paragraph, the Proposed Order may be entered without a hearing. 2
10-14419-scc Doc Doc 1141 1144-1 Filed Filed 05/07/13 05/15/13 Entered Entered 05/07/13 05/15/13 190413 182819 Main Exhibit Document A Pg Pg 3 3 of of 123 PLEASE TAKE FURTHER NOTICE that if a written objection is timely filed, a hearing will be held at the next omnibus hearing date scheduled in these cases. The moving and objecting parties are required to attend the hearing, and failure to appear may result in relief being granted or denied upon default. Dated May 7, 2013 New York, New York QUINN EMANUEL URQUHART & SULLIVAN, LLP By /s/ James Tecce Susheel Kirpalani James C. Tecce Daniel S. Holzman Mary Kathryn Nagle 51 Madison Avenue, 22 nd Floor New York, New York 10010 Telephone (212) 849-7000 Fax (212) 849-7100 Attorneys for US Power Generating Company, USPG Power Services, Inc., Astoria Generating Company, LP, Mark Sudbey, Jeff Hunter, Craig Hart, and Wesley Kern GRUBER, HEARST, JOHANSEN, HAIL & SHANK By /s/ Michael Gruber Michael Gruber 1445 Ross Avenue Suite 2500 Dallas, Texas 75202 Telephone (214) 85-6801 Fax (214) 855-6808 Attorneys for Craig R. Jalbert, the Liquidating Trustee of the BosGen Liquidating Trust 3
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 4 of and 12Causes of Action Pg 1 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 5 of and 12Causes of Action Pg 2 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 6 of and 12Causes of Action Pg 3 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 7 of and 12Causes of Action Pg 4 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 8 of and 12Causes of Action Pg 5 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 9 of and 12Causes of Action Pg 6 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 10 and of 12Causes of Action Pg 7 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 11 and of 12Causes of Action Pg 8 of 9
10-14419-scc Doc 1141-1 1144-1 Filed 05/07/13 05/15/13 Entered 05/07/13 05/15/13 190413 182819 Exhibit Stipulation A Dismissing with Prejudice Claims Pg 12 and of 12Causes of Action Pg 9 of 9