Docket #4605 Date Filed: 2/18/2010

IN THE UMTED STATES BAI\KRUPTCY COIJRT FOR THE DISTRICT OF DELAWARE

fn re:
MERVYN'S HOLDINGS, LLC, et al,r
Debtors.

)
)

Chapter 1l
Case No. 08-11536

)
)

(KG)

Joigtly Administered

/A2ttr/6f(

ORDER APPRO\TING STIPULATION FOR ALLOWAITCE AI\D AND NOW, upon consideration of the Stipulation attached hereto as Exhibit A, and good
cause appearing for the approval thereof,

it is hereby:

ORDERED, that the Stipulation is APPROVED; and it is turther ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

to
',2010
e

UNITED STAIES BANKRUPTCY JUDGE

' The Debtors ! -tl9-s9 cases, along wr$ the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLc (3405), Mervyn's LLC (44s6)and Merfin's Brands, LLC (gg50).
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0q/v*"2 $x 0811586100218000000000004

EXHIBIT A

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IN THE UNITED STATES BAI\IKRUPTCY COTJRT FOR THE DISTRICT OF DELAWARE

In

re:
Debtors.

) al,l )
)

Chapter

11

MERVYN'S HOLDINGS, LLC,et

Case No. 08-11586

(KG)

)
)

Jointly Administered

STIPT]LATION FOR ALLOWAITCE AI\ID PAYMENT OF TIIE CLAIMS OF LUCASII\II CLASSICS INC./SA FASHIONS INC.
Lucasini Classics Inc./SA Fashions Inc. ("LUcasini") and the above-captioned debtors
and debtors in possession (the "Debtolq") hereby stipulate as follows:

RECITALS

A. B. C.

On or after July 29, 2008, Lucasini provided the Debtors with goods in the

aggregate amount of $306,335.30.

Lucasini timely filed proofs of claim (Claim Nos. 2141, 2142, 5457 md 5458)

seeking, among other things, payment of such amount (collectively, the "Eiled Claims").

On or about October

l,

2009, the Court entered that certain Order Granting

Debtors' Sixth Omnibus Objection (Substantive) to Certain (A) Overstated and @) No Basis
Claims And Motion to Reduce Or Disallow Such Claims [Docket No. 4049] whereby Claim No.

2142was reduced and allowed as a "secured" claim in the amount of $143.363.00.

D.
1.

The Debtors and Lucasini IIEREBY STIPULATE AND AGREE as follows:

AGREEMENT
The Recitals are true and correct and are incorporated herein by reference.

Tte Debtors in these cases, along with the last four digits of their federal tax identification nurnbers, are Merv5m's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (3850).
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2. 3.

This Stipulation is subject to Bankruptcy Court approval and shall be of no force

and effect unless and

until approved by the Bankruptcy Court.

In full resolution of Claim No. 2141, Lucasini shall be allowed an adminiskative

expense claim against Mervyn's LLC pursuant amount of $162,972.50 (the "Allowed 2141

to I I U.S.C. $$ 503(bxl) and 507(a)(2) in the

Admid

').

In full resolution

of Claim No. 2142, Lucasini shall be allowed an administrative expense claim against Mervyn's

LLC pursuant to

U.S.C. $$ 503(bxl) and 507(a)(2) in the amount of $143,363.00 (the

"Allowed 2141

Adminis

"

and together with the Allowed 2I4l

Administrative Expense Claim, the "Allowed Adminisfiative

').

4. 5. 6. 7.

Any and all previously entered orders with respect to the Filed Claims are

ovemrled to the extent inconsistent with the terms hereof-

Payment

of the Allowed

Administrative Expense Claims shall be made in

accordance with the terms of the chapter 11 plan ultimately confinned in these chapter I

cases.

Claim Nos. 5457 and 5458 shall be deemed expunged.

This Stipulation shall be binding upon

(i) any liquidating tmstee; plan

administrator; distribution agent and"/or any other responsible person appointed pursuant to any chapter I I plan confirmed in these cases; (ii) any chapter l

trustee appointed in these cases

and/or (iii) any chapter 7 trustee appointed or elected in these cases.

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Dated:

fO frl"rtr Dblaware Wilming(on,

Mark D. Colli (No. Daniel J. DeFranceschi (No. 2732) Christopher M. Samis (No. a909) L. Katherine Good (No. 5l0l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-77W Facsimile: (302) 651-77 0l Email: collins @rlf.com defranceschi@rlf.com samis@rlf.com good@rlf.com
and

Email:

R. Fox ( Iaw Offices of Steven R. Fox 17835 Ventura Blvd, Suite 306 Encino, CA 91316 Telephone: (818) 774-3545 Facsirnile: (818) 774-37W srfox@foxlaw.com

Cowuel to Lucasini Classics IncJSA Fashions Inc.

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : QIz) 309-6000 Facsimile: (212) 309 -600l Email: hbeltzer@ morganlewis.com wwalker@ morganlewis.com

Anorneysfor the Debnrs and Debtors in Possession

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