In re Heller Ehrman LLP

          MEMORANDUM REGARDING ORDER APPROVING DEBTOR'S AGREEMENT TO DESIGNATE THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS AS THE REPRESENTATIVE OF ESTATE TO BRING CLAIMS AGAINST THE HELLER EHRMAN, LLP RETIREMENT PLAN

          DENNIS MONTALI, Bankruptcy Judge.

         On September 29, 2009, the Official Committee of Unsecured Creditors (the "Committee") filed an emergency application requesting this court to approve a stipulation by Heller Ehrman, LLP ("Debtor") that the Committee be appointed as the representative of the estate (nunc pro tunc to September 22, 2009) to file and prosecute actions against Debtor's retirement plan. Counsel for the Committee uploaded a proposed order granting the application on September 29. After the order was signed but before it was docketed, counsel for an Ad Hoc Shareholder Group informed the court's deputy clerk that he was filing an opposition to the emergency application.

         On October 1, 2009, the Ad Hoc Shareholder Group filed its response, which the court has considered. As acknowledged in footnote two of the response, the Ad Hoc Shareholder Group may not have standing to oppose the emergency application. Further, the Ad Hoc Shareholder Group has not asked the court for any specific relief, including that the court deny the Committee's emergency application. The court has therefore directed its staff to docket the order granting the emergency application.