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Enron Mail |
Attached you will find the draft of the Response of the Group to the Motion
for Relief from Stay filed by the Debtor. As an initial caveat, we have prepared this as the scrivener for the Group. Like the rest of the Group, we have not specifically reviewed the substance of this with our client and we reserve the right to suggest changes based on our client's comments, as we expect the rest of the Group will. In addition, we have the following comments: 1. In carefully analyzing the Motion for Relief from Stay as part of preparing this Response, we became convinced that the Debtor meant that the preliminary injunction was to remain effective and does not intend to grant general relief from stay as to the Federal District Court action. It seems to us that the Debtor is basically saying by this motion that we should proceed in front of FERC, but nobody has the prerogative, without seeking further relief of stay from the court, to proceed outside of FERC to resolve the charge-back issues. Accordingly, we did not feel it was appropriate to address this issue in the response. The Group may want to consider approaching Debtor's counsel on this issue. 2. Technically, by asking the Court to include the Amendment 22 proceeding as part of the Relief from Stay, we are expanding the relief. We have tried to soft sell this issue as was suggested by the Group to suggest that this is simply a related proceeding that is required to go forward to grant complete relief as part of the Debtor's motion. If the Debtor objects to the expanded relief, the court will likely not grant it because it was not specifically the subject of the motion. We probably need to lobby Debtor's counsel to help get this accomplished without the requirement of filing an additional motion for relief. 3. Check Exhibit A to make sure that all parties are listed and the appropriate counsel is listed. I am trying to simply list the "bankruptcy" counsel so that Debtor's counsel knows initially who to contact if there is any question relative to a party. We have not intentionally left anybody off. If someone is missing, it is inadvertent and we will certainly add them to the list. If there are others of your Group who should receive this, please forward it to the other members of group. We have set up a conference call at 12:15 E.T. to discuss this matter. The dial-in number is 1-800-569-0883. The confirmation number is 5096040. If you have any questions prior to that time you may contact Carl Eklund in New York at 212/424-8482 or Jim Huemoeller at 303/291-2632. LeBoeuf, Lamb, Greene & MacRae The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. - PXResponse2.doc
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