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In re ENRON CORP., et al., Chapter 11, Debtors.

ORDER DENYING MOTION OF DYNEGY ENTITIES TO WITHDRAW ADVERSARY PROCEEDING NO. 02-03468 FROM MEDIATION

ARTHUR GONZALEZ, Bankruptcy Judge

After considering the motion filed by Dynegy Inc. and certain of its direct and indirect debtor subsidiaries (the "Dynegy Entities") to withdraw from mediation Adversary Proceeding No. 02-03468, and considering the papers filed in support and in opposition thereto, and considering the arguments of counsel for the Dynegy Entities and the Debtors at a duly convened hearing before the Court on June 24, 2004, and finding that the disputes between the parties are suitable for mediation and that the parties would benefit from continued mediation, it is hereby:

ORDERED that the motion of the Dynegy Entities to withdraw Adversary Proceeding No. 02-03468 from mediation commenced pursuant to this Court's Original and First Amended Orders Governing Mediation of Trading Cases (the "Mediation Orders"), is denied:

1) in exercise of the Court's discretion as provided for in the Mediation Orders; and
2) because the Dynegy Entities have failed to establish cause to withdraw from mediation within the meaning of § 3.6 of Standing Order #143 of the United States Bankruptcy Court of the Southern District of New York (the "Standing Mediation Order");

and it is further

ORDERED that pursuant to this Court's Mediation Orders, the Dynegy Entities and the Enron Debtors shall schedule and attend a continued mediation session with the Mediator; and it is further

ORDERED that the mediator shall thereafter provide this Court with a report as to whether he believes continued mediation of Adversary Proceeding No. 02-03468 continues to serve the purposes set forth in the Court's Mediation Orders and the Standing Mediation Order.

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IN RE ENRON CORP
(Jul 8, 2004)