Sher v. JPMorgan Chase Funding Inc. (In re TMST, Inc.)

DUNCAN W. KEIR

WHEREAS, on April 30, 2011, Joel I. Sher, in his capacity as Chapter 11 Trustee for Debtors (the "Trustee"), filed a Complaint against the above-captioned defendants (the "Defendants"), which was subsequently amended by the filing of an Amended Complaint on June 8, 2011; and

WHEREAS, on May 19, 2011, the Court entered a Stipulation and Consent Order Regarding Schedule for Defendants to Respond to Complaint and Motion to Intervene (the "Scheduling Order"), which, inter alia, set agreed deadlines for Defendants to respond to the Amended Complaint, and, in the event the Defendants filed a motion or motions to dismiss, a briefing schedule for subsequent responses and replies in connection with such motions; and

WHEREAS, the Scheduling Order provided that its terms may be modified as to any Defendant and the Trustee by written agreement between the Trustee and the Defendant to which the agreement relates; and

WHEREAS, the parties have agreed to extend the outstanding deadlines provided in the Scheduling Order by six (6) days as set forth herein.

IT IS HEREBY STIPULATED AND ORDERED that

(1) each Defendant shall, on or before September 12, 2011, file an answer, move, or otherwise respond to the Amended Complaint (each, or collectively if a joint response is filed, an "Initial Response");

(2) the Trustee shall, on or before ninety (90) days following the filing of the last Initial Response by the Defendants, file an opposition(s) or other permitted response(s) thereto (each, or collectively if a consolidated response is filed, a "Trustee Response"); and

(3) Defendants (each or collectively) shall have until, but no more than, 45 days after the filing of the last Trustee Response to file a reply or replies thereto.

SHAPIRO SHER GUINOT & SANDLER

Joel I. Sher, Esquire

Richard M. Goldberg, Esquire

Counsel to Joel I. Sher, Chapter 11 Trustee

PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP

Roberta A. Kaplan, Esquire

Brian S. Hermann, Esquire

- and

Lori Simpson, Esquire

BISHOP, DANEMAN & SIMPSON, LLC

Counsel for JPMorgan Chase Funding Inc. (as

successor to Bear Stearns Investment Products Inc.)

WHITEFORD TAYLOR PRESTON LLP

John F. Carlton, esquire

Todd M. Brooks, esquire

- and

Douglas K. Mayer, Esquire

David C. Bryan, Esquire

WACHTELL, LIPTON, ROSEN & KATZ

Counsel for Credit Suisse Securities (USA) LLC

and Credit Suisse International

KATTEN MUCHIN ROSENMAN LLP

Eric Kuwana (Bar No. 25398)

- and

David Bohan, Esquire

John Sieger, Esquire

KATTEN MUCHIN ROSENMAN LLP

Counsel for UBS AG (as successor to UBS Securities, LLC)

CADWALADER, WICKERSHAM & TAFT LLP

Deryck A. Palmer, Esquire

Israel Dahan, Esquire

Counsel for Citigroup Global Markets, Ltd. and Citigroup Global Markets, Inc.

JONES DAY

Bennett L. Spiegel, Esquire

Erin N. Brady, Esquire

- and

Jane Rue Wittstein, Esquire

JONES DAY

222 East 41st Street

- and

Miguel Eaton (Bar No. 29261)

JONES DAY

Counsel for RBS Securities Inc. f/k/a Greenwich

Capital Markets, Inc. and Greenwich Capital

Derivatives, Inc. and Royal Bank of Scotland plc

cc:

Mark Neal, Esquire

Office of the United States Trustee

101 West Lombard Street

Baltimore, Maryland 21201