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IN RE ENRON NORTH AMERICA CORP.

United States District Court, Southern District of New York


March 19, 2003

IN THE MATTER OF ENRON NORTH AMERICA CORP. THE AMERICAN COAL COMPANY, MOVANT(S),
v.
ENRON NORTH AMERICA CORP., RESPONDENT(S).

The opinion of the court was delivered by: Laura Taylor Swain, District Judge

PRELIMINARY ORDER

1. It is hereby ORDERED that a conference and oral argument shall be held on the above-captioned motion to withdraw the reference on April 22, 2003 at 11:00 a.m. in Courtroom No. 444, 40 Foley Square, New York, New York 10007. It is further
2. ORDERED that any papers in opposition to the motion be served and filed, with a courtesy copy to chambers, by April 1, 2003, and that any reply papers shall be served and filed by April 8, 2003. It is further
3. ORDERED that counsel*fn1 for the parties confer preliminarily at least ten (10) days prior to the date set forth in paragraph 1 above to discuss the following matters:
a. Settlement; and

b. Whether mediation might facilitate resolution of the issues;
It is further

4. ORDERED that counsel shall be prepared to argue the motion and to discuss the foregoing at the conference. It is further
5. ORDERED that counsel attending the conference shall seek settlement authority from their respective clients prior to such conference. If counsel is not granted such authority, the client must be present in person or available by telephone so that a settlement can be consummated if possible. "Settlement authority," as used herein, includes the power to enter into stipulations and make admissions regarding all matters that the participants may reasonably anticipate discussing at the conference.
IT IS SO ORDERED.


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