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IN RE SHIPPERS' CHOICE OF VIRGINIA, INC. (Bankr.D.Md. 5-4-2011)

United States Bankruptcy Court, D. Maryland, (Baltimore Division).
May 4, 2011

SECOND STIPULATION AND CONSENT ORDER FURTHER EXTENDING TIME FOR DEBTOR TO RESPOND TO COMMERCIAL DRIVER SERVICES, INC.'S RESPONSE AND OBJECTION TO MOTION FOR ENTRY OF FINAL DECREE, SECOND MOTION TO COMPEL DISTRIBUTIONS AND MOTION TO DISMISS CASE

NANCY ALQUIST, Bankruptcy Judge

Shippers' Choice of Virginia, Inc., debtor and Commercial Drivers Services, Inc., creditor, by their respective attorneys, hereby stipulate and agree as follows:

1. On March 22, 2011, Shippers' Choice of Virginia, Inc. ("Shippers' Choice") filed a Motion for Final Decree and Chapter 11 Final Report (dkt. 244).

2. On March 31, 2011, Commercial Driver Services, Inc. ("CDS") filed a pleading entitled Commercial Driver Services, Inc.'s (I) Response and Objection to Motion for Entry of Final Decree, (II) Second Motion to Compel Distributions, and (III) Motion to Dismiss Case (the "Objection") (dkt. 247).

3. On April 1, 2011, this Court entered an Order and Notice of a Hearing on Motion to Dismiss setting a deadline to respond to the Objection of April 15, 2011 (dkt. 249).

4. Shippers' Choice and CDS have engaged in settlement discussions in an effort to resolve the Objection.

5. In order to facilitate those settlement discussions, Shippers' Choice and CDS filed stipulation that proposed to extend the response deadline to April 29, 2011. The stipulation was approved by this Court on April 18, 2011 (dkt. 256).

6. A hearing has been scheduled on the Objection for June 2, 2011 at 2:00 p.m.

7. The parties are continuing to exchange settlement proposals in an effort to resolve this matter and obviate the need for a hearing.

8. Shippers' Choice and CDS have agreed that Shippers' Choice shall be granted a further two-week extension of time in which to respond to the Objection so that its response is due on or before May 13, 2011.

SO ORDERED