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United States Bankruptcy Court Eastern District of Michigan Southern Division UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ----------------------------------------------------x : : In re: Chapter 9 : CITY OF DETROIT, MICHIGAN, : Case No. 13-53846 : Debtor. Hon. Steven W. Rhodes : : ----------------------------------------------------x CORRECTED AMENDED STIPULATION TO ENTRY OF CORRECTED AMENDED JOINT FINAL PRETRIAL ORDER BY DEBTOR AND CERTAIN PLAN OBJECTORS Pursuant to Local Bankruptcy Rule 7016-1 and paragraph 6(c) of the Eighth Amended Order Establishing Procedures, Deadlines and Hearing Dates Relating to the Debtor’s Plan of Adjustment (Aug. 13, 2014) [Dkt. 6699], (a) the City of Detroit, Michigan (the “City”), the proponent of the Sixth Amended Plan for the Adjustment of Debts of the City of Detroit (Aug. 20, 2014) [Dkt. 6908] (as it may be further amended, modified or supplemented, and including all exhibits and attachments thereto, the “Plan”), (b) certain supporters of the Plan (collectively with the City, the “Plan Supporters”), including The Detroit Institute of Arts, a Michigan nonprofit corporation (the “DIA Corp.”), the Official Committee of 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 1 of 384 Retirees of the City of Detroit (the “Committee”), the Police and Fire Retirement System of the City of Detroit and the General Retirement System of the City of Detroit (together, the “Retirement Systems”), the Detroit Police Officers Association (the “DPOA”), the Retiree Association Parties, and the State of Michigan, and (c) certain objectors to the Plan (collectively, the “Objectors”), including (i) Syncora Guarantee Inc. and Syncora Capital Assurance Inc. (together, “Syncora”), (ii) Financial Guaranty Insurance Company (“FGIC”), (iii) Assured Guaranty Municipal Corporation (“Assured”), (iv) National Public Finance Guarantee Corporation (“National”), (v) Berkshire Hathaway Assurance Corporation (“BHAC”), (vi) U.S. Bank National Association, as Indenture Trustee for the DWSD Bonds (the “Trustee”, and together with Assured, and National and BHAC, the “DWSD Parties”), (vii) Wilmington Trust, National Association, as successor contract administrator (“WTNA”), (viii) the Ad Hoc COPs Holders , (ix) International Union, UAW (“UAW”), (x) the County of Wayne, Michigan, (xi) the County of Oakland, Michigan, and (xii) the County of Macomb, Michigan, by and through its County Agency, Anthony V. Marrocco, the Macomb County Public Works Commissioner, and the Macomb Interceptor Drain Drainage District (“Macomb Parties”), and (xiii) Michigan AFSCME Council 25, have conferred and, as indicated by the signatures of counsel below, hereby stipulate to entry of 2 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 2 of 384 the Corrected Amended Joint Final Pretrial Order attached hereto as Exhibit 1 and move the Court for its entry. The Corrected Amended Joint Final Pre-Trial Order, which is Exhibit 1 to this Stipulation, includes changes discussed by the parties this week. Among the exhibits proposed by FGIC in Attachment E are approximately 710 exhibits, exhibits 3928– 3999 and 1250 – 1892, that were the subject of a telephone conference with the Court dated August 29, 2014 . By Court Order, the City will have until September 8, 2014, to provide its objections, if any, to Exhibits 3928 – 3999 and 1250 - 1892, which shall not be admitted into the record before that time 3 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 3 of 384 Dated: August 30, 2014 Respectfully submitted, /s/ Bruce Bennett /s/ James H.M. Sprayregen, P.C. Bruce Bennett (CA 105430) James H.M. Sprayregen, P.C. JONES DAY Ryan Blaine Bennett 555 South Flower Street Stephen C. Hackney Fiftieth Floor KIRKLAND & ELLIS LLP Los Angeles, California 90071 300 North LaSalle Telephone: (213) 243-2382 Chicago, Illinois 60654 Facsimile: (213) 243-2539 Telephone: (312) 862-2000 [email protected] Facsimile: (312) 862-2200 E-mail: [email protected] David G. Heiman (OH 0038271) E-mail: [email protected] Heather Lennox (OH 0059649) E-mail: [email protected] JONES DAY North Point - and – 901 Lakeside Avenue Cleveland, Ohio 44114 Stephen M. Gross Telephone: (216) 586-3939 David A. Agay Facsimile: (216) 579-0212 Joshua Gadharf [email protected] MCDONALD HOPKINS PLC [email protected] 39533 Woodward Avenue Bloomfield Hills, MI 48304 Thomas F. Cullen, Jr. (DC 224733) Telephone: (248) 646-5070 Gregory M. Shumaker (DC 416537) Facsimile: (248) 646-5075 Geoffrey S. Stewart (DC 287979 E-mail: [email protected] JONES DAY E-mail: [email protected] 51 Louisiana Ave., N.W. E-mail: [email protected] Washington, D.C. 20001 Telephone: (202) 879-3939 Counsel for Syncora Guarantee Inc. and Syncora Facsimile: (202) 626-1700 Capital Assurance Inc. [email protected] [email protected] [email protected] 4 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 4 of 384 Robert S. Hertzberg (P30261) /s/ Alfredo R. Pérez Deborah Kovsky-Apap Alfredo R. Pérez PEPPER HAMILTON LLP WEIL, GOTSHAL & MANGES LLP 4000 Town Center 700 Louisiana Street, Suite 1700 Suite 1800 Houston, TX 77002 Southfield, MI 48075 Telephone: (713) 546-5000 Telephone: (248) 359-7300 Facsimile: (713) 224-9511 Facsimile: (248) 359-7700 Email: [email protected] [email protected] [email protected] – and – Counsel for the City of Detroit, Ernest J. Essad Jr. Michigan Mark R. James WILLIAMS, WILLIAMS, RATTNER & PLUNKETT, P.C. 280 North Old Woodward Avenue, Suite 300 _By: /s/ Robert D. Gordon Birmingham, MI 48009 Robert D. Gordon (P48627) Telephone: (248) 642-0333 Jennifer K. Green (P69019) Facsimile: (248) 642-0856 Shannon L. Deeby (P60242) Email: [email protected] 151 South Old Woodward Avenue Email: [email protected] Suite 200 Birmingham, Michigan 48009 Attorneys for Financial Guaranty Insurance Telephone: (248) 988-5882 Company Facsimile: (248) 988-2502 [email protected] By: /s/ Lawrence A. Larose [email protected] Lawrence A. Larose [email protected] Samuel S. Kohn Robert A. Schwinger Counsel to the Police and Fire Eric Daucher Retirement System of the City of Detroit CHADBOURNE & PARKE LLP and the General Retirement System of 30 Rockefeller Plaza the City of Detroit New York, NY 10012 Telephone: (212) 408-5100 [email protected] [email protected] [email protected] [email protected] Attorneys for Assured Guaranty Municipal Corp. 5 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 5 of 384 By: /s/ Claude Montogomery By: /s/ Guy S. Neal Claude Montgomery Jeffrey E. Bjork Carole Neville Gabriel MacConaill DENTONS US LLP SIDLEY AUSTIN LLP 1221 Avenue of the Americas 555 West Fifth Street, Suite 4000 New York, New York 10020 Los Angeles, California 90013 Tel: (212) 768-6700 Telephone: (213) 896-6000 Fax: (212) 768-6800 [email protected] [email protected] [email protected] [email protected] James F. Bendernagel, Jr. Sam Alberts Guy S. Neal Dan Barnowski SIDLEY AUSTIN LLP DENTONS US LLP 1501 K Street, N.W. 1301 K Street, NW, Washington, D.C. 20005 Suite 600 East Tower Telephone: (202) 736-8041 Washington, DC 20005 [email protected] Tel: (202) 408-6400 [email protected] Fax: (202) 408-6399 [email protected] - and – [email protected] Louis P. Rochkind (P24121) BROOKS WILKINS SHARKEY & Paul R. Hage (P70460) TURCO PLLC JAFFE RAITT HEUER & WEISS, P.C. Matthew E. Wilkins 27777 Franklin Road, Suite 2500 Paula A. Hall Southfield, MI 48034-8214 401 South Old Woodward, Suite 400 Telephone: (248) 351-3000 Birmingham, Michigan 48009 [email protected] Direct: (248) 971-1711 Cell: (248) 882-8496 Counsel for National Public Finance Guarantee Fax: (248) 971-1801 Corp. [email protected] [email protected] Attorneys for the Official Committee of Retirees of the City of Detroit, Michigan 6 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 6 of 384 HONIGMAN MILLER SCHWARTZ AND COHN LLP By:/s/Arthur T. O’Reilly /s/ My Chi To________________ Arthur T. O’Reilly (P70406) DEBEVOISE & PLIMPTON LLP Jason R. Abel (P70408) M. Natasha Labovitz Scott B. Kitei (P78064) My Chi To 2290 First National Building 919 Third Avenue 660 Woodward Avenue New York, New York 10022 Detroit, MI 48226-3506 Telephone: (212) 909-6000 Telephone: (313) 465-7628 Facsimile: (212) 909-6836 Facsimile: (313) 465-7629 [email protected] Email: [email protected] [email protected] and Attorneys for Berkshire Hathaway Assurance Corporation CRAVATH, SWAINE & MOORE LLP Richard Levin By: /s/ David E. Lemke Worldwide Plaza David E. Lemke (TN13586) 825 Eighth Avenue Paul S. Davidson (TN11789) New York, NY 10019-7475 Heather J. Hubbard (TN23699) Telephone: (212) 474-1000 Courtney M. Rogers (TN25664) WALLER LANSDEN DORTCH & DAVIS, LLP Attorneys for The Detroit Institute of 511 Union Street, Suite 2700 Arts Nashville, Tennessee 37219 Telephone: (615) 244-6380 Fax: (615) 244-6804 By: /s/ Ryan C. Plecha [email protected] [email protected] LIPPITT O’KEEFE GORNBEIN, [email protected] PLLC [email protected] Brian D. O’Keefe (P39603) Ryan C. Plecha (P71957) – and – 370 East Maple Road, 3rd Floor Birmingham, Michigan 48009 Tel: (248) 646-8292; Fax: (248) 646- 8375 [email protected] [email protected] 7 13-53846-swr Doc 7211 Filed 08/30/14 Entered 08/30/14 13:37:51 Page 7 of 384 SILVERMAN & MORRIS, P.L.L.C. Robert J. Diehl, Jr. (MI31264) Thomas R. Morris (P39141) Karin F. Jaimee L. Witten (P70068) Avery (P45364) BODMAN PLC 30500 Northwestern Hwy., Suite 200 1901 St. Antoine Street, 6th Floor Farmington Hills, Michigan 48334 Detroit, Michigan 48226 Telephone: (313) 393- Tel: (248) 539-1330; Fax: (248) 539- 7597 Fax: (313) 393-7579 1355 [email protected] [email protected] [email protected] [email protected] Counsel for U.S. Bank National Association, as Attorneys for Retiree Association Indenture Trustee for the DWSD Bonds Parties By: /s/ Heath D.
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