Case No: 04-08130-TOM11.United States Bankruptcy Court, N.D. Alabama, Southern Division.
November 7, 2005
ORDER
TAMARA MITCHELL, Bankruptcy Judge
This matter came before the Court on Monday, October 31, 2005 01:30 PM, for a hearing on the following:
1) RE: Doc #2051; Application for Administrative Expenses filed by National Union Fire Insurance Company of Pittsburgh PA, Birmingham Fire Insurance Company of Pennsylvania and certain other affiliates of American International Group
2) RE: Doc #2154; Objection of AVCO Corporation to Application for Administrative Expenses filed by National Union Fire Insurance Company of Pittsburgh PA, Birmingham Fire Insurance Company of Pennsylvania and certain other affiliates of American Internatio
3) RE: Doc #2173; Debtor’s Objection to Application for Administrative Expenses filed by National Union Fire Insurance Company of Pittsburgh PA, Birmingham Fire Insurance Company of Pennsylvania and certain other affliates of American International Group
Proper notice of the hearing was given and appearances were made by the following:
Mike Hall, Glenn Glover, Marc Solomon and Shannon Hoff, attorneys for Citation Corporation
Brian Walding, attorney for Committee
J. THOMAS CORBETT, CHIEF DEPUTY BANKRUPTCY ADMINISTRATOR Robert Adams and Kimberly Glass, attorneys for JP Morgan Chase Bank Jesse Vogtle and Christie Dowling, attorneys for Avco Corporation Scott Mitchell, attorney for Sentry Claims Services David Anderson and Donna McGee, attorneys for Kelson Group Brandon Zeigler, attorney for Kelson Group-by phone Eric Dorkin, attorney for Citation Corporation-by phone David Levin, attorney for National Union Fire Insurance-by phone
It is therefore ORDERED ADJUDGED and DECREED that:
PURSUANT TO RULE 7016 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE, THE FOLLOWING TIME LIMITS APPLY TO THESE PROCEEDINGS:
1. WITNESS AND EXHIBITS FOR APPLICANT: THE PARTIES SHALL EXCHANGE WITNESS AND EXHIBIT LISTS (WHICH SHALL INCLUDE ANY PARTY, PLAINTIFF, DEFENDANT OR DEBTOR IF APPLICABLE), ELECTRONICALLY FILE THE ORIGINAL WITH THE COURT, AND PROVIDE TWO COURTESY COPIES (“PAPER”) TO JUDGEPage 2
MITCHELL NO LATER THAN DECEMBER 2, 2005. IF EITHER PARTY FAILS TO TIMELY FILE AND SERVE A COMPLETE WITNESS LIST OR EXHIBIT LIST, THE COURT MAY PROHIBIT THAT PARTY FROM CALLING PROPOSED WITNESSES OR FROM ADMITTING EXHIBITS (WITNESSES CALLED SOLELY FOR THE PURPOSE OF IMPEACHMENT NEED NOT BE ON THE WITNESS LIST TO BE CALLED).
WITNESS AND EXHIBITS FOR AVCO CORPORATION AND CITATION CORPORATION: THE PARTIES SHALL EXCHANGE WITNESS AND EXHIBIT LISTS (WHICH SHALL INCLUDE ANY PARTY, PLAINTIFF, DEFENDANT OR DEBTOR IF APPLICABLE), ELECTRONICALLY FILE THE ORIGINAL WITH THE COURT, AND PROVIDE TWO COURTESY COPIES (“PAPER”) TO JUDGE MITCHELL NO LATER THAN DECEMBER 12, 2005. IF EITHER PARTY FAILS TO TIMELY FILE AND SERVE A COMPLETE WITNESS LIST OR EXHIBIT LIST, THE COURT MAY PROHIBIT THAT PARTY FROM CALLING PROPOSED WITNESSES OR FROM ADMITTING EXHIBITS (WITNESSES CALLED SOLELY FOR THE PURPOSE OF IMPEACHMENT NEED NOT BE ON THE WITNESS LIST TO BE CALLED).
2. DOCUMENTS TO BE ADMITTED WITHOUT OBJECTION: DOCUMENTS OR EXHIBITS FOR TRIAL SHALL NOT BE FILED ELECTRONICALLY. INSTEAD, THE PARTIES SHALL CONFER AND EACH PARTY SHALL FURNISH TWO COPIES (“PAPER”) TO JUDGE MITCHELL BY DECEMBER 28, 2005 OF ALL DOCUMENTS TO BE ADMITTED WITHOUT OBJECTION AT TRIAL.
3. BRIEFS (OPTIONAL): ALTHOUGH NEITHER PARTY IS REQUIRED TO FILE A BRIEF, IF EITHER PARTY DESIRES TO FILE A BRIEF, IS SHALL BE ELECTRONICALLY FILED WITH THE COURT, SERVED ON THE OPPOSING COUNSEL, AND A COURTESY COPY (“PAPER”)PROVIDED TO JUDGE MITCHELL NO LATER THAN DECEMBER 28, 2005.
4. TRIAL DATE: TRIAL OF THIS MATTER IS SCHEDULED FOR JANUARY 11, 2006 AT 9:30 AM IN COURTROOM NUMBER 2 OF THE ROBERT S. VANCE FEDERAL BUILDING, 1800 5TH AVENUE NORTH, BIRMINGHAM, ALABAMA.
5. OFFER OF EXHIBITS AT TRIAL: THE OFFER OF AN EXHIBIT INTO EVIDENCE AT THE TRIAL OF THIS CONTESTED MATTER SHALL BE DEEMED A CERTIFICATION BY COUNSEL THAT COUNSEL HAS READ EACH PAGE OF SAID EXHIBIT, OR COUNSEL SHALL REPRESENT TO THE COURT THAT ONLY DESIGNATED PORTIONS OF THEPage 3
EXHIBITS ARE TO BE ADMITTED OR ARE RELEVANT.
DURING THE TRIAL OF THIS CONTESTED MATTER, IF COUNSEL FAILS TO REFER TO AN EXHIBIT OR FAILS TO MAKE KNOWN TO THE COURT THE RELEVANCE OR SIGNIFICANCE OF ANY EXHIBIT INTO EVIDENCE, THAT EXHIBIT SHALL NOT BE CONSIDERED BY THE COURT IN ITS DELIBERATIONS.
Page 1