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Full title: Stipulation By Claims Administrator Cullen Speckhart and International Union of Operating Engineers, Local 953. Does this document include an agreed order or otherwise request that the judge sign a document? Yes. (Filed By Claims Administrator Cullen Speckhart ). (Speckhart, Cullen) (Entered: 02/26/2021)

Document posted on Feb 25, 2021 in the bankruptcy, 7 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

RELATED TO THE PROOF OF CLAIM OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 953 Cullen D. Speckhart, the Claims Administrator of the WLB Liquidating Trust (the “WLB Claims Administrator”) in the above-captioned cases and the International Union of Operating Engineers, Local 953 (the “IUOE,” and together with ECN-210) against the Debtors, asserting a general unsecured claim in the amount of One Million Two Hundred Eighteen Thousand and 00/100 Dollars ($1,218,000.00) (the “Claim”); WHEREAS, on February 5, 2019, the Bankruptcy Court entered the Order Approving Joint Expedited Motion of the WLB Debtors and the WMLP Debtors for Entry of an Order (I) Approving the Sale of (A)[ECF No. 1561] confirming WLB Debtors’2 plan (the “WLB Plan”); 2 “WLB Debtors” means all Debtors except for Westmoreland Resources GP, LLC, Westmoreland Resources Partners, LP (“WMLP”), and WMLP’s subsidiaries (collectively with WMLP, the “WMLP Debtors”).[ECF No. 1608]; WHEREAS, as of the WLB Effective Date, the WLB Debtors irrevocably transferred all of their rights, title, and interest in and to the Liquidating Trust Assets (as defined in the WLB Plan) to the WLB Liquidating Trust and executed the WLB Liquidating Trust Agreement, appointing Jeffrey S. Stein as Plan Administrator and Liquidating Trustee (the “WLB Plan Administrator”) of the WLB Liquidating Trust and Cullen D. Speckhart as the WLB Claims Administrator; Except as otherwise provided herein, nothing in this Stipulation, nor any actions taken pursuant hereto, shall be deemed: (a) an admission as to the validity of any prepetition claim against any Debtor entity; (b) a waiver of any Party’s right to dispute any prepetition claim on any grounds; (c) a request or authorization to assume any prepetition agreement, contract, or lease pursuant to section 365 of the Bankruptcy Code; or (d) a waiver of the WLB Liquidating Trust’s rights under the Bankruptcy Code or any other applicable law.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § In re: § Chapter 11 § WESTMORELAND COAL COMPANY, et al. § Case No. 18-35672 (DRJ) § Debtors.1 § (Jointly Administered) § STIPULATION AND AGREED ORDER RELATED TO THE PROOF OF CLAIM OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 953 Cullen D. Speckhart, the Claims Administrator of the WLB Liquidating Trust (the “WLB Claims Administrator”) in the above-captioned cases and the International Union of Operating Engineers, Local 953 (the “IUOE,” and together with the WLB Claims Administrator, the “Parties”) hereby enter into this stipulation and agreed order (the “Stipulation”) as follows: WHEREAS, on October 9, 2018 (the “Petition Date”), the Debtors filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”). These chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Bankruptcy Rule 1015(b) [ECF No. 71]; WHEREAS, the Bankruptcy Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334, this matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2), and venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409; 1 Due to the large number of debtors in these chapter 11 cases, for which joint administration has been granted, a complete list of the debtors and the last four digits of their tax identification, registration, or like numbers is not provided herein. A complete list of such information may be obtained on the website of the claims and noticing agent in these chapter 11 cases at www.donlinrecano.com/westmoreland. Westmoreland Coal Company's service address for the purposes of these chapter 11 cases is 9540 South Maroon Circle, Suite 300, Englewood, Colorado 80112.

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WHEREAS, on November 15, 2018, the Bankruptcy Court entered the Order (I) Setting Bar Dates For Filing Proofs of Claim, Including Requests for Payment Under Section 503(B)(9), (II) Establishing Amended Schedules Bar Date and Rejection Damages Bar Date, (III) Approving the Form of and Manner for Filing Proof of Claim, Including Section 503(B)(9) Requests and (IV) Approving Notice of Bar Date [ECF No. 524] (the “Bar Date Order”), which established, inter alia, December 12, 2018, as the claims bar date for all non-governmental pre-petition and Section 503(b)(9) claims; WHEREAS, on December 12, 2018, the IUOE filed Proof of Claim No. 368-1 (DRC Claim No. ECN-210) against the Debtors, asserting a general unsecured claim in the amount of One Million Two Hundred Eighteen Thousand and 00/100 Dollars ($1,218,000.00) (the “Claim”); WHEREAS, on February 5, 2019, the Bankruptcy Court entered the Order Approving Joint Expedited Motion of the WLB Debtors and the WMLP Debtors for Entry of an Order (I) Approving the Sale of (A) Substantially All of the Assets of Oxford Mining Company, LLC, and Certain of Its Subsidiaries and (B) the Buckingham Mine (II) Authorizing the Assumption and Assignment of Executory Contracts and Unexpired Leases in Connection Therewith and (III) Granting Related Relief, Including Approval of the Related Sale Process [ECF No. 1289] (the “Oxford/Buckingham Sale Order”); WHEREAS, on March 2, 2019, the Bankruptcy Court entered the Order Confirming the Amended Joint Chapter 11 Plan of Westmoreland Coal Company and Certain of Its Debtor Affiliates (the “WLB Confirmation Order”) [ECF No. 1561] confirming WLB Debtors’2 plan (the “WLB Plan”); 2 “WLB Debtors” means all Debtors except for Westmoreland Resources GP, LLC, Westmoreland Resources Partners, LP (“WMLP”), and WMLP’s subsidiaries (collectively with WMLP, the “WMLP Debtors”).

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WHEREAS, on March 15, 2019, the effective date of the WLB Plan occurred (the “WLB Effective Date”) [ECF No. 1608]; WHEREAS, as of the WLB Effective Date, the WLB Debtors irrevocably transferred all of their rights, title, and interest in and to the Liquidating Trust Assets (as defined in the WLB Plan) to the WLB Liquidating Trust and executed the WLB Liquidating Trust Agreement, appointing Jeffrey S. Stein as Plan Administrator and Liquidating Trustee (the “WLB Plan Administrator”) of the WLB Liquidating Trust and Cullen D. Speckhart as the WLB Claims Administrator; WHEREAS, pursuant to the WLB Plan and the WLB Liquidating Trust Agreement, the WLB Claims Administrator supervises and administers the resolution, settlement, and/or payment of all general unsecured claims against the WLB Debtors’ Estate, as more fully set forth therein; WHEREAS, the Claims Administrator and IUOE have agreed to resolve the Claim on the terms set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Stipulation, the Parties hereby stipulate and agree as follows: 1. The IUOE hereby withdraws the Claim with prejudice. 2. The Clerk of the Court is authorized and directed to update the claims register maintained in these chapter 11 cases to reflect the relief granted in this Stipulation. 3. Except as otherwise provided herein, nothing in this Stipulation, nor any actions taken pursuant hereto, shall be deemed: (a) an admission as to the validity of any prepetition claim against any Debtor entity; (b) a waiver of any Party’s right to dispute any prepetition claim on any grounds; (c) a request or authorization to assume any prepetition agreement, contract, or lease

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pursuant to section 365 of the Bankruptcy Code; or (d) a waiver of the WLB Liquidating Trust’s rights under the Bankruptcy Code or any other applicable law. 4. Neither this Stipulation nor any actions taken pursuant hereto, shall constitute evidence admissible against the Parties in any action or proceeding other than one to enforce the terms of this Stipulation. 5. The terms and conditions of this Stipulation shall be immediately effective and enforceable upon entry by the Bankruptcy Court. 6. This Stipulation is intended by the Parties to be binding upon their successors, agents, assigns, including bankruptcy trustees and estate representatives, and any parent, subsidiary, or affiliated entity of the Parties. 7. The undersigned hereby represent and warrant that they have full authority to execute this Stipulation on behalf of the respective Parties and that the respective Parties have full knowledge of, and have consented to, this Stipulation. 8. The Parties agree that each of them, through their respective counsel, has had a full opportunity to participate in the drafting of this Stipulation and, accordingly, any claimed ambiguity shall be construed neither for nor against either of the Parties. 9. This Stipulation constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings, both written and oral, among the Parties with respect thereto. 10. This Stipulation shall not be modified, altered, amended or supplemented except by a writing executed by the Parties or their authorized representatives. 11. The Bankruptcy Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Stipulation, and the Parties hereby consent to such

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jurisdiction to resolve any disputes or controversies arising from or related to this Stipulation and Order. IT IS SO ORDERED. Signed: __________, 2021 Houston, Texas DAVID R. JONES UNITED STATES BANKRUPTCY JUDGE

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IN WITNESS WHEREOF, the Parties, by their authorized counsel, executed this Stipulation as of the date written below. Dated: February 26, 2021 /s/ Cullen D. Speckhart Cullen D. Speckhart COOLEY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: (202) 842-7800 Direct: (202) 728-7094 Email: cspeckhart@cooley.com Claims Administrator of the WLB Liquidating Trust -and- Olya Antle (admitted pro hac vice) COOLEY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: (202) 842-7800 Direct: (202) 728-7094 Email: oantle@cooley.com Counsel to the Claims Administrator of the WLB Liquidating Trust /s/ Stephen Curtice  Stephen Curtice Youtz & Valdez, P.C 900 Gold Ave. SW Albuquerque, NM 87102 Phone: (505) 244-1200 Fax: (505) 244-9700 Email: stephen@youtzvaldez.com Counsel to the International Union of Operating Engineers, Local 953

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CERTIFICATE OF SERVICE I certify that on this 26th day of February 2021, a true and correct copy of the above and foregoing was served upon all parties via the Bankruptcy Court’s electronic case filing system (ECF). /s/ Cullen D. Speckhart Cullen D. Speckhart