Heller Ehrman LLP

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	) Bankruptcy Case
) No. 08-32514DM
HELLER EHRMAN LLP fka Heller, 	)
Ehrman, White & McAuliffe, LLP, 	) Chapter 11
)
Debtor. 	)
___________________________________)
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
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
Signed and Filed: October 01, 2009
________________________________________
DENNIS MONTALI
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
October 02, 2009
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-32514 Doc# 671 Filed: 10/01/09 Entered: 10/02/09 10:51:29 Page 1 of 3

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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.
**END OF MEMORANDUM**
Case: 08-32514 Doc# 671 Filed: 10/01/09 Entered: 10/02/09 10:51:29 Page 2 of 3

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COURT SERVICE LIST
John D. Fiero, Esq.
Pachulski, Stang, Ziehl & Jones
150 California St., 15th Fl.
San Francisco, CA 94111-4500
Thomas A. Willoughby, Esq.
Felderstein, Fitzgerald, et al.
400 Capitol Mall, #1450
Sacramento, CA 95814-4434
David Stern, Esq.
Matthew Heyn, Esq.
Klee, Tuchin, Bogdanoff & Stern
1999 Avenue of the Stars, 39th Fl.
Los Angeles, CA 90067
Case: 08-32514 Doc# 671 Filed: 10/01/09 Entered: 10/02/09 10:51:29 Page 3 of 3