In re Railworks Corporation

United States Bankruptcy Court, D. Maryland, Baltimore DivisionFeb 14, 2008
Case Nos. 01-64463 through 01-6-4485-JFS, (Jointly Administered under 01-6-4463-JFS). (Bankr. D. Md. Feb. 14, 2008)

Case Nos. 01-64463 through 01-6-4485-JFS, (Jointly Administered under 01-6-4463-JFS).

February 14, 2008

John F. Carlton, Esquire, Federal Bar No. 06591, Whiteford, Taylor Preston LLP, Baltimore, Maryland, Attorneys for the Debtors.

Deborah H. Devan, Esquire, Federal Bar No. 01479, Neuberger, Quinn, Gielen, Rubin Gibber, P.A., Baltimore, Maryland, Attorneys for the Hoges.


STIPULATION AND ORDER WITHDRAWING CLAIMS AND DISMISSING MOTION (DOCKET NO. 2843) (Claims 1400, 2178, 2179, 2343, 2344, 2176, 2177, 2341 and 2342)


Henry D. Hoge and Dona P. Hoge (the "Hoges"), by their undersigned counsel, and the Debtors, by their undersigned counsel, hereby stipulate and agree as follows:

1. The Hoges withdraw Claim Numbers 1400, 2178, 2179, 2343, 2344, 2176, 2177, 2341 and 2342 in their entirety.

2. Henry D. Hoge dismisses his claim for that portion of Claim Number 1394 which relates to the various surety bonds listed therein but retains that portion of Claim Number 1394 which makes a claim for severance payments under the Employment Agreement between the Debtor, HSQ Technology, and Henry D. Hoge.

3. The Debtors do not object to the withdrawal of said claims and stipulate and agree that Mr. Hoge is retaining all of his claims for severance payments under his Employment Agreement.

4. The Debtors dismiss the Motion for Summary Judgment, Docket No. 2843, which is now moot because the claims are being withdrawn.

5. It is agreed that, after the withdrawal of claims, the only matters to be considered by this court on February 20, 2008 on the Motion for Summary Judgment, Docket No. 2842 are (i) the claim for severance pay under the Employment Agreement as a part of claim 1394; (ii) the Motion for Authority to Reject Employment Agreement (Docket Numbers 1053, 1109 and 1118); and (iii) the Motion for Allowance of Administrative Expense (Docket No. 1079).

SO ORDERED