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Tribune: Court approves stipulation on examiner's report hearing use
By Caroline Salls
Pittsburgh, Feb. 4 - Tribune Co. received court approval of a stipulation that specifies how its examiner's report can be used in the plan of reorganization confirmation hearing, according to a Friday filing with the U.S. Bankruptcy Court for the District of Delaware.
The company said the use of the examiner's report at the confirmation hearing, which is scheduled for March 7, was raised at a hearing on discovery and the plan confirmation schedule.
Under the stipulation:
• The examiner's opinions regarding the law and/or facts relevant to the confirmation hearing will be admissible to the same extent as opinions testified to by expert witnesses.
However, the examiner's opinions will not be binding on the court or plan parties;
• Between Jan. 10 and Jan. 21, the plan parties can indentify "statements of historical facts" from the report that will be admissible at the hearing and dispute any of the statements;
• The documents and transcripts used by the examiner will be deemed authentic; and
• The stipulation will only apply to the confirmation hearing. The parties' rights related to the admissibility of the examiner's report in connection with any LBO-related lawsuits will be reserved.
"The stipulation provides a fair and efficient procedure for the parties to stipulate to literally hundreds of facts included in the examiner's report, without foreclosing the right of any party to dispute particular facts that it contends are not true," Tribune said in the motion.
Tribune, a Chicago-based media company, filed for bankruptcy on Dec. 8, 2008. Its Chapter 11 case number is 08-13141.
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