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o. 08-11586 (KG) Jointly Administered MERVYNS HOLDINGS, LLC, et al., Debtors. ___________________________________
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pleading, claim, or suit shall waive any right (1) to have final orders in non-core matters entered only after de novo review by a District Judge, (2) to trial by jury in any proceeding so triable in this case or any case, controversy, or proceeding related to this case, (3) to have the District Court withdraw the reference in any matter subject to recoupments to which the Landlord is or may be entitled under agreements, in law or in equity, all of which rights, claims, actions, defenses, setoffs and recoupments are expressly reserved. Dated: September 17, 2008 CAVAZOS, HENDRICKS, POIROT & SMITHAM, P.C. /s/ Lyndel Anne Mason Lyndel Anne Mason TX State Bar No. 24058913 CAVAZOS, HENDRICKS, POIROT & SMITHAM, P.C. Suite 570, Founders Square 900 Jackson Street Dallas, TX 75202 Phone: (214) 573-7344 Fax: (214) 573-7399 Email: LMason@chfirm.com Attorneys for C.E. Bassett 1, LP and Carlyle/Smith-Cypress 35th Ave., LLC
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