ehte proposed settlement
DESCRIPTION
As the title suggests, this is the proposed settlement for the Ethanex lawsuit against McGuire Woods.TRANSCRIPT
IN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF KANSAS
In Re: ) ETHANEX ENERGY, INC., ) Case No. 08-20645-7 RDB ) Debtor. )
TRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT,AND (2) TRUSTEE’S SEVENTH INTERIM APPLICATION FOR COMPENSATION
AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL FOR THEPERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013
COMES NOW the Trustee, Eric C. Rajala, and moves the Court for approval of the
Trustee’s proposed compromise and settlement with McGuireWoods, LLP, and for approval of
compensation and reimbursement of litigation expenses incurred by the Trustee’s counsel, John
M. Edgar and the Edgar Law Firm, LLC.
In support of his motion, the Trustee states:
1. This motion is made pursuant to 11 U.S.C. §§ 328, 330 and 331, and Bankruptcy
Rules 2002, 2016 and 9019.
2. The Debtor filed for protection under Chapter 7 of Title 11 of the United States
Bankruptcy Code on March 27, 2008.
3. Eric C. Rajala is the duly appointed Chapter 7 Trustee in the above-captioned
bankruptcy case.
Motion for Approval of Compromise Pursuant to Bankruptcy Rule 9019
4. As part of his duties as trustee of the estate, the Trustee conducted an
investigation into the assets of the bankruptcy estate. Among the assets of the bankruptcy estate
disclosed to the Trustee by the Debtor were certain contingent and unliquidated claims identified
as “Contingent securities claims: v. McGuire Woods, L.L.P.” and “v. Receivership of Zahill
Estate”, with values listed as “unknown”.
Case 08-20645 Doc# 177 Filed 03/08/13 Page 1 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 2
5. Further investigation revealed that these claims for damages arose from the
securities fraud, embezzlement, and other criminal acts and omissions of Louis W. Zehil, who at
the time was a licensed attorney representing and advising the Debtor in connection with the
Debtor’s attempts to raise equity capital to invest into the acquisition and construction of ethanol
production facilities in the Midwest. At the time he committed his criminal acts, Zehil was a
partner with the law firm of McGuire Woods, L.L.P.
6. On July 31, 2008, the Court entered an order approving the Trustee’s employment
of John M. Edgar and the Edgar law Firm, LLC (“Edgar”) as special counsel to assist the Trustee
in the prosecution of a claim on behalf of the estate against Louis W. Zehil and McGuire Woods,
LLP.
7. At the Trustee’s request, Edgar investigated the facts and circumstances of Zehil’s
actions, and on December 17, 2008, Edgar filed an civil action in the United States District Court
for the District of Kansas, styled Rajala, as Bankruptcy Trustee for Ethanex Energy, Inc., v.
McGuireWoods, LLP, Case No. 2:08-cv-2638 (the “Kansas Action”). The Kansas Action is
currently scheduled for a six week trial in the Kansas City, Kansas Division of the District of
Kansas, starting on May 9, 2013.
8. In the Kansas Action, the Trustee seeks unliquidated damages against
McGuireWoods, LLP, for (among other things) causing the failure of the Debtor’s business
operation, for the loss of the capital that had been invested in the Debtor, and for the loss of the
Case 08-20645 Doc# 177 Filed 03/08/13 Page 2 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 3
value of the business that the Debtor would have developed but for the actions of Zehil and
McGuireWoods, LLP.
9. In its defense, McGuireWoods denies that it has any legal responsibility for the
criminal acts and omissions of Zehil; denies that it committed any acts or omissions that caused
any damage to Ethanex; and denies that Ethanex suffered damages to the extent claimed by the
Trustee in the Kansas Action.
10. On February 26, 2013, the Trustee and McGuireWoods, LLP, mediated their
claims and disputes before the mediator, John R. Phillips.
11. As a result of the mediation, the Trustee reached a settlement agreement with
McGuireWoods, LLP, for a gross settlement amount of Six Million Seven Hundred Thousand
Dollars ($6,700,000.00) to be paid to the Trustee by McGuireWoods, as set forth in the parties’
Settlement Agreement and Mutual General Release dated March 7, 2013 (the “Settlement
Agreement”). A true, correct and genuine copy of the Settlement Agreement is attached hereto as
Exhibit “A”, and is incorporated by reference as though fully set out herein.
12. The Settlement Agreement also provides for mutual releases by and between the
parties, for themselves and on behalf of anyone who asserts a claim through or on behalf of
them, as more fully described in Exhibit “A”.
13. In reaching the settlement with McGuireWoods, the Trustee weighed the value of
his claims, the strength of the defenses that have been asserted by McGuireWoods, and the costs,
risks, and delays inherent in taking the Kansas Action to trial to recover on his claims. The
Case 08-20645 Doc# 177 Filed 03/08/13 Page 3 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 4
Trustee has determined that the settlement represents a reasonable recovery to the estate, based
on the advice and counsel of his Special Counsel, who has a great deal of skill and experience in
prosecuting large commercial and professional negligence claims.
14. In evaluating the proposed settlement, the Trustee has also taken into
consideration the fact that all of the allowed creditors’ claims filed in the case have been paid in
full, or will be paid in full from existing funds, and that the proceeds of the settlement (net of
attorney fees, litigation expenses, and other administrative expenses of the estate) will be
payable to the shareholders of Ethanex.
15. Given the amount offered, the unliquidated nature of the Trustee’s claims, and the
other factors described above, the Trustee has determined that it would not be in the best
interests of the estate or the shareholders of Ethanex to take the Kansas Action to trial, and that
the estate and shareholders would receive the best value by settling on the terms set forth in the
Settlement Agreement.
16. Bankruptcy Rule 9019(a) provides that “[o]n motion by the trustee and after
notice and a hearing, the court may approve a compromise or settlement.” Fed. R. Bankr. P.
9019(a). In the Tenth Circuit, “[a] bankruptcy court’s approval of a compromise may be
disturbed only when it achieves an unjust result amounting to clear abuse of discretion.” Reiss v.
Hagmann, 881 F.2d 890, 891-92 (10th Cir. 1989). “The bankruptcy court’s decision to approve
the settlement, however, must be an informed one based upon objective evaluation of developed
facts.” Id. at 892.
Case 08-20645 Doc# 177 Filed 03/08/13 Page 4 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 5
17. In discussing how to evaluate the standard set forth in Reiss, courts have found
that the Bankruptcy Court’s general charge is “to determine whether the settlement is fair and
equitable and in the best interest of the estate.” Official Committee of Unsecured Creditors of
Western Pacific Airlines, Inc. v. Western Pacific Airlines Inc., 219 B.R. 575, 579 (D. Colo.
1998). In considering this general charge, the court should look at the following factors:
A. The probable success of the litigation on the merits;
B. Any potential difficulty in collection of a judgment;
C. The complexity and expense of the litigation; and
D. The interests of Creditors in deference to their reasonable views. Id.
See also Kopp v. All American Life Insurance Company, 213 B.R. 1020, 1022 (10th Cir. B.A.P.
1997).
18. To approve a settlement under Bankruptcy Rule 9019, the court need only
determine that the proposed settlement meets the lowest level of reasonableness. See In re
Pennsylvania Truck Lines Inc., 150 B.R. 595, 598 (E.D. Pa. 1992), aff’d, 8 F.3d 812 (3rd Cir.
1993). Accordingly, because the settlement agreement is reasonable in light of the facts and
circumstances, the Trustee requests that the agreement be approved by the Court pursuant to
Bankruptcy Rule 9019.
Motion for Approval of Interim Attorney Fees and Expenses of Special CounselPursuant to 11 U.S.C. §§ 328, 330 and 331, and Bankruptcy Rule 2016
Case 08-20645 Doc# 177 Filed 03/08/13 Page 5 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 6
19. John M. Edgar and the Edgar Law Firm, LLC, have earned compensation and
have incurred expenses in the course of providing legal services to the Trustee, as itemized on
the Settlement Statement attached hereto as Exhibit “B” and incorporated by reference as though
fully set out herein.
20. John M. Edgar and the Edgar Law Firm, LLC, have maintained daily expense
records setting forth the specific dates and expenses incurred, and a chronological summary of
such expenditures is itemized in Exhibit “B” and incorporated by reference as though fully set
out herein.
21. Neither John M. Edgar nor Edgar Law Firm, LLC, have entered into any
agreement, express or implied, with any other party in interest, including the Debtor, any
creditor, or any representative of them, or with any attorney or accountant for any such party in
interest for the purpose of fixing the fees or other compensation to be paid for services rendered
or incurred in connection with this case, and no agreement or understanding exists between John
M. Edgar or the Edgar Law Firm, LLC, and any other person for the sharing of compensation to
be received for services rendered in, or in connection with, this case.
22. Pursuant to the terms and conditions of the Trustee’s employment of Special
Counsel, as approved by the Court on July 31, 2008, John M. Edgar and the Edgar Law Firm,
LLC, are entitled to recover the sum of $23,376.73 for litigation expenses incurred from January
1, 2013, to March 7, 2013, plus a contingent attorney fee of 40% of the proceeds of the
Case 08-20645 Doc# 177 Filed 03/08/13 Page 6 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 7
McGuireWoods, LLP, settlement after deduction of litigation expenses, in the amount of
$2,436,680.58.
23. The following payments for expenses have been heretofore made to the Edgar
Law Firm, LLC, pursuant to the Order Authorizing Trustee’s First Interim Reimbursement of
Expenses of Special Counsel for the Period of September 1, 2008 to December 13, 2010 (Doc#
92): $20,000 paid on January 19, 2011, and $42,084.01 paid on February 3, 2011, for a total
payment of $64,084.01; pursuant to the Order Authorizing Trustee’s Second Interim
Reimbursement of Expenses of Special Counsel for the Period of December 14, 2010 to
September 22, 2011 (Doc# 103): $160,606.98 paid on October 25, 2011; pursuant to the Order
Authorizing Trustee’s Third Interim Reimbursement of Expenses of Special Counsel for the
Period of September 23, 2011 to November 30, 2011 (Doc# 113): $227,057.60 paid on January
3, 2012; pursuant to the Order Authorizing Trustee’s Fourth Interim Reimbursement of Expenses
of Special Counsel for the Period of December 1, 2011 to July 31, 2012 (Doc# 145): $35,425.10
paid on August 30, 2012; pursuant to the Order Authorizing Trustee’s Fifth Interim
Reimbursement of Expenses of Special Counsel for the Period of August 1, 2012 to October 31,
2012 (Doc# 160): $62,478.60 paid on December 17, 2012; and pursuant to the Order
Authorizing Trustee’s Sixth Interim Reimbursement of Expenses of Special Counsel for the
Period of November 1, 2012, December 31, 2012 (Doc# 164): $37,269.32 paid on January 29,
2013.
Case 08-20645 Doc# 177 Filed 03/08/13 Page 7 of 21
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS
In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDBTRUSTEE’S MOTION FOR APPROVAL OF (1) COMPROMISE AND SETTLEMENT AND (2) TRUSTEE’S SEVENTH INTERIM
APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES OF SPECIAL COUNSEL
FOR THE PERIOD OF JANUARY 1, 2013, THROUGH MARCH 7, 2013Page 8
WHEREFORE, Eric C. Rajala, Chapter 7 Trustee, prays for an order approving the
proposed compromise and settlement described herein; for authorization to pay John M. Edgar
and the Edgar Law Firm, LLC, the sum of $2,436,680.58 for interim attorney fees and
$23,376.73 for litigation expenses; and for such other and further relief as the Court deems just
and equitable.
Respectfully submitted,
s/Eric C. Rajala Eric C. Rajala, Chapter 7 TrusteeKansas Supreme Court No. 10082Metcalf Bank Bldg, Ste 34111900 College BlvdOverland Park, KS 66210-3939Telephone (913) 339-9806Facsimile (913) [email protected]
Case 08-20645 Doc# 177 Filed 03/08/13 Page 8 of 21
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SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
This Settlement Agreement and Mutual General Release (the “Agreement”) is made by
and between Eric J. Rajala, as Bankruptcy Trustee of Ethanex Energy, Inc. (“Plaintiff”) and
McGuireWoods LLP (“Defendant”). Plaintiff and Defendant are collectively referred to herein
as the “Parties.”
WHEREAS, on December 17, 2008, Plaintiff sued Defendant and others in the United
States District Court for the District of Kansas (the “District Court”) in an action styled Rajala,
as Bankruptcy Trustee for Ethanex Energy, Inc. v. McGuireWoods, LLP, Case No. 2:08-cv-2638
(the “Kansas Action”);
WHEREAS, on December 30, 2008, Plaintiff filed his First Amended Complaint,
asserting claims only against Defendant in the Kansas Action;
WHEREAS, on February 22, 2010, Plaintiff moved to file and filed his Second
Amended Complaint, and the District Court granted the motion on May 14, 2010;
WHEREAS, on August 24, 2010, Plaintiff filed his Third Amended Complaint;
WHEREAS, on February 26, 2013, the Parties mediated their claims and disputes before
John R. Phillips (the “Mediator”);
WHEREAS, a jury trial in the Kansas Action is set to begin on May 6, 2013 (the “Trial
Date”);
NOW, THEREFORE, in consideration of the agreements and payments described
below and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties hereby agree as follows:
1. Effective Date. This Agreement becomes effective as of the date on which all of
the Parties have signed this Agreement (the “Effective Date”).
Exhibit A Page 1 of 9
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2. Agreement Contingent on Bankruptcy Court Approval. This Agreement is
contingent only upon the United States Bankruptcy Court for the District of Kansas approving
the settlement provided for in this Agreement in In re Ethanex Energy, Inc., No. 08-20645,
pending in the United States Bankruptcy Court for the District of Kansas (the “Bankruptcy
Case”).
3. Motion for Approval of Settlement. Plaintiff agrees that within two business
days of the Effective Date, Plaintiff will file a motion for approval of the settlement provided for
in this Agreement in the Bankruptcy Case.
4. Motion for Continuance. Within three business days of the Effective Date, the
Parties agree to file a joint motion for continuance of the Trial Date.
5. Defendant’s Payment to Plaintiff. Within 10 business days of the date the
Bankruptcy Court approves the settlement provided for in this Agreement in the Bankruptcy
Case, Defendant or its designee(s) will pay Plaintiff or its designee(s) $6,700,000.00 (the
“Payment”) by wire transfer at the direction of the Plaintiff.
6. Dismissal of the Kansas Action. Within five business days of the receipt of the
Payment, Plaintiff will file in the District Court the Stipulation of Dismissal that is attached as
Exhibit A to dismiss with prejudice the Kansas Action.
7. General Release by Plaintiff Releasors. Except as specifically excepted below
with respect to Plaintiff’s restoration claim and effective upon Bankruptcy Court approval of the
settlement provided for in this Agreement in the Bankruptcy Case and conditioned upon and in
consideration of the Payment, Plaintiff, on behalf of Ethanex Energy, Inc. and all those claiming
through it or on its behalf including but not limited to its administrators, affiliates, agents,
assigns, associates, attorneys, counsel, creditors, directors, employees, executives, insurers,
Exhibit A Page 2 of 9
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managers, members, officers, owners, parents, partners, personal representatives, predecessors,
principals, representatives, servants, shareholders, subsidiaries, and successors, past and present
(collectively, the “Plaintiff Releasors”), releases and forever discharges Louis W. Zehil, Strong
Branch Ventures IV, LP, Chestnut Capital Partners II, LLC, and Defendant and its respective
administrators, affiliates, agents, assigns, associates, attorneys, beneficiaries, counsel, directors,
employees, executors, heirs, insurers, managers, members, officers, owners, parents, partners,
personal representatives, predecessors, principals, representatives, servants, shareholders,
spouses, subsidiaries, successors, and trustees, past and present (collectively, the “Defendant
Releasees”), from any and all claims, including but not limited to all manner of accusations,
actions, allegations, claims, causes of action, complaints, contingent claims, controversies,
counterclaims, demands, grievances, judgments, liabilities, losses, suits, and third-party claims,
of any kind or nature, as well as all forms of relief, including all accountings, costs, damages,
debts, exemplary or punitive damages, expenses, liabilities, losses, remedies, and attorneys’ and
other professionals’ fees and related disbursements, whether direct or derivative, nominal or
beneficial, possessed or claimed, known or unknown, suspected or unsuspected, choate or
inchoate, and whether or not any of the Defendant Releasees are at fault, that the Plaintiff
Releasors had, now have, may have at any time in the future, or claim to have or have had, for or
by reason of any cause, matter, or thing whatsoever from the beginning of the world through and
including the Effective Date (“Released Claims by Plaintiff Releasors”), which are related to the
subject matter of the Kansas Action or related to any matter or claims whatsoever that either
party asserted or could have asserted in the Kansas Action. Provided, however, the restoration
claim made by the Plaintiff against assets forfeited by Louis W. Zehil in his criminal case, which
claim is presently pending before the United States Department of Justice, and the Defendant’s
Exhibit A Page 3 of 9
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obligation to pay pursuant to paragraph 5 of this Agreement are specifically excluded from this
release.
8. General Release by Defendant Releasors. Effective upon Bankruptcy Court
approval of the settlement provided for in this Agreement in the Bankruptcy Case, Defendant
and all those claiming through it or on its behalf, including but not limited to its administrators,
affiliates, agents, assigns, associates, attorneys, counsel, creditors, directors, employees,
executives, insurers, managers, members, officers, owners, parents, partners, personal
representatives, predecessors, principals, representatives, servants, shareholders, subsidiaries,
and successors, past and present (collectively, the “Defendant Releasors”), release and forever
discharge the Plaintiff and Ethanex Energy, Inc. and its respective administrators, affiliates,
agents, assigns, associates, attorneys, beneficiaries, counsel, directors, employees, executors,
heirs, insurers, managers, members, officers, owners, parents, partners, personal representatives,
predecessors, principals, representatives, servants, shareholders, spouses, subsidiaries,
successors, and trustees, past and present (collectively, the “Plaintiff Releasees”), from any and
all claims, including but not limited to all manner of accusations, actions, allegations, claims,
causes of action, complaints, contingent claims, controversies, counterclaims, demands,
grievances, judgments, liabilities, losses, suits, and third-party claims, of any kind or nature, as
well as all forms of relief, including all accountings, costs, damages, debts, exemplary or
punitive damages, expenses, liabilities, losses, remedies, and attorneys’ and other professionals’
fees and related disbursements, whether direct or derivative, nominal or beneficial, possessed or
claimed, known or unknown, suspected or unsuspected, choate or inchoate, and whether or not
any of the Plaintiff Releasees are at fault, that the Defendant Releasors had, now have, may have
at any time in the future, or claim to have or have had, for or by reason of any cause, matter, or
Exhibit A Page 4 of 9
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thing whatsoever from the beginning of the world through and including the Effective Date
(“Released Claims by Defendant Releasors”) which are related to the subject matter of the
Kansas Action or related to any matter or claims whatsoever that either party asserted or could
have asserted in the Kansas Action.
9. No Admissions of Liability. This Agreement represents a settlement of disputed
matters that were or could have been raised. This Agreement is entered into to avoid the
uncertainty, expense and inconvenience of litigation. Nothing in this Agreement is to be
construed as an admission of liability by McGuireWoods LLP, which expressly denies the
allegations in the Kansas Action and any wrongdoing, culpability or breach of legal duties
whatsoever.
10. Successors and Assigns. This Agreement is binding on and inures to the benefit
of the Parties’ respective successors and assigns. None of the Parties may assign this Agreement
or any rights or obligations thereunder.
11. Entire Agreement. This Agreement is the entire agreement between and among
the Parties concerning the matters set forth herein and supersedes all prior agreements,
understandings, discussions, negotiations, and undertakings, whether written or oral, between the
Parties concerning the matters set forth herein.
12. Amendment. This Agreement may not be amended, modified, or terminated
except by a written instrument that is designated as an amendment to this Agreement and that is
executed by all of the Parties.
13. Binding Arbitration. If the parties have any dispute concerning the enforcement
of this Agreement, or concerning the interpretation of any provision in this Agreement, then their
dispute will be submitted to binding arbitration before the Mediator.
Exhibit A Page 5 of 9
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Exhibit A Page 6 of 9
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EXHIBIT A
Exhibit A Page 7 of 9
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
____________________________________ ) RAJALA, as Bankruptcy Trustee for ) ETHANEX ENERGY, INC., ) ) Plaintiff ) Case No. 2:08-CV-2638 ) v. ) Judge Carlos Murguia ) MCGUIREWOODS LLP, ) Next Event: March 8, 2013 Final Pretrial ) Conference Defendant ) ____________________________________)
STIPULATION OF DISMISSAL
Having entered into a settlement agreement in the above-captioned matter, and pursuant
to the terms of that agreement, Plaintiff and Defendant hereby stipulate to the dismissal with
prejudice of Plaintiff’s complaint and this matter in its entirety.
Dated: , 2013 Respectfully submitted,
/s/ John M. Edgar John M. Edgar (KS #70270) David W. Edgar (KS #19121) Boyce N. Richardson (KS #78317) Brian T. Bear, PRO HAC VICE Matthew J. Limoli, PRO HAC VICE EDGAR LAW FIRM, LLC 1032 Pennsylvania Ave.
Kansas City, Missouri 64108 Telephone: (816) 531-0033 Facsimile: (816) 531-3322
Attorneys for Plaintiff
/s/ R. Lawrence Ward R. Lawrence Ward (KS #17343) James M. Humphrey (KS #70664) Miriam E. C. Bailey (KS #23183) POLSINELLI SHUGHART PC
Exhibit A Page 8 of 9
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120 West 12th Street, Suite 1700 Kansas City, Missouri 64105 Telephone: (816) 421-3355 Facsimile: (816) 374-0509 Attorneys for Defendant McGuire Woods, LLP
IT IS SO ORDERED THIS ____ DAY OF ____________________, 2013. Judge Carlos Murguia Signed in chambers
Exhibit A Page 9 of 9
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Exhibit B Page 1 of 4
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Exhibit B Page 2 of 4
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Exhibit B Page 3 of 4
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Exhibit B Page 4 of 4
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