Case No. BKY 05-30073.United States Bankruptcy Court, D. Minnesota.
September 15, 2005
Joel D. Nesset (#030475X), HENSON EFRON, P.A., Minneapolis, MN, Leonard P. Goldberger, Stevens Lee, P.C., Philadelphia, PA, Peter J. Logan, Gerald F. Ellersdorfer, Kaufman Logan LLP, San Francisco, CA, Attorneys for Fireman’s Fund Insurance Company.
EMERGENCY MOTION TO CONTINUE HEARING ON MOTION FOR ORDER APPROVING ASBESTOS INSURANCE SETTLEMENT AGREEMENT OR, IN THE ALTERNATIVE, TO KEEP THE HEARING RECORD OPEN PENDING COMPLETION OF DISCOVERY
GREGORY KISHEL, Bankruptcy Judge
TO: Parties in interest as specified in Local Rule 3007-1.
1. Fireman’s Fund Insurance Company (“FFIC”), moves the Court for the relief requested below and gives notice of hearing.
2. The Court will hold a hearing on the motion at 9:30 a.m. on September 19, 2005, in Courtroom 7 West in the Federal Courthouse at 300 South Fourth Street in Minneapolis, Minnesota.
3. Local Rule 9006-1(b) requires that any responsive papers shall be delivered and filed not later than fourteen days before the time set for the hearing or shall be served and filed by mail not later than ten days before the hearing date. Given the fact that this Motion is being served with less than the notice required under Local Rule 9006-1, FFIC hereby gives notice that it shall not object to the timeliness of any response that is filed and delivered prior to the hearing. UNLESS A RESPONSE OPPOSING THE MOTION IS TIMELY FILED, THE COURT MAY GRANT THE MOTION WITHOUT A HEARING.
4. This Court has jurisdiction over this motion pursuant to 28 U.S.C. §§ 157 and 1334, Fed.R.Bankr.P. 5005 and Local Rule 1070-1. This proceeding is a core proceeding. The
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petition commencing this Chapter 11 case was filed on January 6, 2005 (the “Filing Date”). The case is now pending in this Court.
5. This motion arises under 11 U.S.C. § 105, Fed.R.Bankr.P. 9029, and Local Rule 5071-1. FFIC requests relief in the form of an order continuing the hearing on Debtor’s Motion for Order Approving Asbestos Insurance Settlement Agreement with Employers Reinsurance Corporation (the “Settlement Motion”) presently scheduled for September 19, 2005 or, in the alternative, to keep the hearing record open pending completion of discovery.
Factual Allegations
6. On September 12, 2005, FFIC filed its Objection to the Settlement Motion (“Objection”) and, in connection therewith, served a Notice of Deposition of John H. Faricy, Jr. and a Request for Production of Documents (collectively, the “Discovery Requests”). A copy of the Discovery Requests are attached hereto as Exhibit A and incorporated herein by reference.
7. Preceding the filing of the Discovery Requests, one of FFIC’s bankruptcy counsel, Leonard P. Goldberger, attempted (twice) to arrange with API for a mutually-convenient date to depose Mr. Faricy prior to the September 19 hearing on the Settlement Motion. Copies of Mr. Goldberger’s emails dated September 8, 2005 and September 11, 2005 are attached hereto as Exhibit B. Alternatively, FFIC suggested that the September 19 hearing be continued. In the Objection, FFIC also requested a continuance of the hearing on the Settlement Motion in order that it could complete meaningful discovery.
8. The deposition of Mr. Faricy is imperative to FFIC’s ability to prosecute its Objection, as API has indicated that Mr. Faricy will be its only witness at the hearing on the Settlement Motion.
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9. In response to FFIC’s request, API’s attorney, Faye Knowles, Esquire, to her credit, promptly responded by email on September 12, at 12:36 p.m., indicating that API would not produce Mr. Faricy. A copy of Ms. Knowles email is attached hereto as Exhibit C.
10. In justifiable reliance on Ms. Knowles’ September 12 email, the attorneys for FFIC cancelled their plans to conduct Mr. Faricy’s deposition and made other arrangements for September 14.
11. Late in the afternoon of September 12, however, another one of API’s attorneys, James Baillie, Esquire, telephoned Joel Nesset, Esquire, FFIC’s local bankruptcy counsel, contradicting Ms. Knowles’ previous position, and indicated that API was now willing to produce Mr. Faricy for a deposition on September 14. Moreover, Mr. Baillie indicated that API had no documents other than the Settlement Agreement itself. (This was quite surprising to FFIC considering that Mr. Faricy’s Declaration in support of the Settlement Motion indicates that API and ERC have been negotiating to resolve their dispute for at least three years!) A copy of Mr. Baillie’s letter is attached as Exhibit D.
12. API’s sudden reversal of position is unfair and appears to be intended to whipsaw FFIC and deprive it of fundamental due process in its attempt to conduct meaningful discovery to prepare for the hearing on the Settlement Motion.
Need For Emergency Relief
13. This dispute must be resolved prior to the commencement of the hearing on September 19. Without the relief requested, FFIC will be unfairly prejudiced if the hearing on the approval of the Settlement Motion is permitted to go forward without an opportunity to conduct meaningful discovery.
14. The balance of harm weighs in favor of the relief requested. API will not be prejudiced by the short delay requested because no proceeds of the Settlement Agreement will be
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paid until a plan is confirmed. On the other hand, FFIC will suffer extreme prejudice if it is forced to prosecute its Objections without the benefit of its requested discovery.
15. The delay that FFIC seeks can be as short as a few weeks if the parties can arrange a mutually-convenient rescheduled date for the deposition of Mr. Faricy and production of documents.
WHEREFORE, FFIC respectfully requests that the Court enter an order as follows: (i) continuing the hearing on the Settlement Motion or, alternatively, (ii) keeping the record of the hearing open until FFIC can complete the discovery sought by the Discovery Requests; and for such other or further relief as the Court deems just and equitable.
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VERIFICATION
I, Joel D. Nesset, declare under penalty of perjury that the facts contained in the foregoing Emergency Motion to Continue Hearing on Motion for Order Approving Asbestos Insurance Settlement Agreement, or, in the Alternative, to Keep the Hearing Record Open Pending Completion of Discovery are true and correct, to the best of my knowledge, information and belief.
Dated: September 15, 2005 /e/ Joel D. Nesset
Joel D. Nesset
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In re: Case No. BKY 05-30073
A.P.I. Inc., Chapter 11 Case,
Debtor.
NOTICE OF DEPOSITION TO: API, Inc., Fredrickson Byron, P.A., Attn: James L. Baillie, Esquire and Faye Knowles, Esquire, 400 Pillsbury Center, 200 South Sixth Street, Minneapolis, MN 55402-1425, e-mail: jbaillie@fredlaw.com and fknowles@fredlaw.com; and John H. Faricy, Jr., Faricy Roen, P.A., 333 South Seventh Street, Suite 2320, Minneapolis, MN 55402-2434, email: jfaricy@faricyroen.com.
PLEASE TAKE NOTICE that beginning at 9:30 a.m. on the 14th day of September, 2005, at the offices of Henson Efron, P.A., 220 South Sixth Street, Suite 1800, Minneapolis, MN 55402, and continuing thereafter by adjournment until completed before a person qualified to administer oaths, Fireman’s Fund Insurance Company will take the deposition of the John H. Faricy, Jr. (“Faricy”), pursuant to Fed.R.Civ.P. 30(b), made applicable to these proceedings by operation of Fed.R.Bankr.P. 9014 and 7030, regarding the following matters:
1. The facts, if any, that Faricy contends support his statements made in the Declaration of John H. Faricy, Jr. Re Settlement with Employers Reinsurance Corporation dated
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August 23, 2005 in support of Debtor’s Motion for Order Approving Asbestos Insurance Settlement Agreement With Employers Reinsurance Corporation.
Dated: September 12, 2005 HENSON EFRON, P.A.
/e/ William I. Kampf
William I. Kampf, 53387 Joel D. Nesset, 030475X Matthew H. Morgan, 304657 220 South Sixth Street, Suite 1800 Minneapolis, Minnesota 55402 Telephone: 612-339-2500
Kaufman Logan LLP Peter J. Logan, Gerald F. Ellersdorfer 100 Spear Street, 12th Floor San Francisco, CA 94105 Telephone: (415) 247-8300
Stevens Lee, P.C. Leonard P. Goldberger, Esquire 1818 Market Street, 29th Floor Philadelphia, PA 19103 Telephone: (215) 751-2864
Attorneys for Fireman’s Fund Insurance Company
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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MINNESOTA
In re: Case No. BKY 05-30073
A.P.I. Inc., Chapter 11 Case
Debtor.
FIREMAN’S FUND INSURANCE COMPANY’S FIRST SET OF DOCUMENT REQUESTS IN CONNECTION WITH DEBTOR’S MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT TO: API, Inc., Fredrickson Byron, P.A., Attn: James L. Baillie, Esquire and Faye Knowles, Esquire, 400 Pillsbury Center, 200 South Sixth Street, Minneapolis, MN 55402-1425, e-mail: jbaillie@fredlaw.com and fknowles@fredlaw.com; and John H. Faricy, Jr., Faricy Roen, P.A., 333 South Seventh Street, Suite 2320, Minneapolis, MN 55402-2434, email: jfaricy@faricyroen.com.
PLEASE TAKE NOTICE that Fireman’s Fund Insurance Company, through its attorneys, hereby requests, pursuant to Rules 30 and 34 of the Federal Rules of Civil Procedure, made applicable to these proceedings by operation of Rules 7030, 7034, and 9014 of the Federal Rules of Bankruptcy Procedure, that you produce for inspection and copying at the offices of Henson Efron, P.A., by September 13, 2005, those documents and other items specified below in connection with the deposition of John H. Faricy, Jr. (“Faricy”) to be conducted at 9:30 a.m. on September 14, 2005:
1. Each and every document that Faricy reviewed, used, consulted, or in any way relied upon, to support his statements made in the Declaration of John H. Faricy, Jr. Re Settlement With Employers Reinsurance Corporation dated August 23, 2005.
With respect to any objections that are interposed, you are directed to provide the specific basis for each objection.
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Dated: September 12, 2005 HENSON EFRON, P.A.
/e/ William I. Kampf
William I. Kampf, 53387 Joel D. Nesset, 030475X Matthew H. Morgan, 304657 220 South Sixth Street, Suite 1800 Minneapolis, Minnesota 55402 Telephone: 612-339-2500
Kaufman Logan LLP Peter J. Logan Gerald F. Ellersdorfer 100 Spear Street, 12th Floor San Francisco, CA 94105 Telephone: (415) 247-8300
Stevens Lee, P.C. Leonard P. Goldberger, Esquire 1818 Market Street, 29th Floor Philadelphia, PA 19103 Telephone: (215) 751-2864
Attorneys for Fireman’s Fund Insurance Company
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EXHIBIT “D”
September 13, 2005
Joel Nesset Esq. Henson Efron, P.A. 220 South Sixth Street Suite 1800 Minneapolis, MN 55402-4503
Re: A.P.I. Inc. Bky No. 05-30073
Dear Joel:
As I mentioned in my telephone message to you, in response to the notice of deposition served on us by email at 3:45 p.m. on Monday, September 12, for a deposition of John Faricy at 9:30 a.m. on Wednesday, September 14, Mr. Faricy will appear for the deposition.
However, as you know, the person you seek to depose is one of the trial counsel in the pending coverage lawsuit in which your client is a party. Obviously, allowing a party to depose the opposing counsel raises serious concerns on our part.
With that in mind, Mr. Faricy will testify providing that the subject matter of the deposition is strictly limited to the objection to the ERC settlement and there is an agreement on the record, before the deposition begins, that the testimony will not be a waiver of attorney-client or work product privileges.
In addition, Mr. Faricy should be paid for his time, as has been done for other lawyers in the coverage case.
All rights will be reserved and the deposition will be terminated if the deposition strays into areas that would be prejudicial to the prosecution of the coverage action.
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Very truly yours,
James L Baillie Attorney at Law
Direct Dial: 612 492 7013 Email: jbaillie@fredlaw.com
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MEMORANDUM OF LAW
Fireman’s Fund Insurance Company (“FFIC”) submits this memorandum of law in support of its Emergency Motion to Continue Hearing on Motion for Order Approving Asbestos Insurance Settlement Agreement, or, in the Alternative, to Keep the Hearing Record Open Pending Completion of Discovery (“Motion”).
Statement of Law and Argument A. Expedited Relief
Bankruptcy Rule 9006(d) provides that a written motion and notice of any hearing is to be served not later than five days before the time specified for such hearing. Local Rule 9006-1(a) directs that moving papers be delivered not later than seven days, including weekends and legal holidays, or mailed not later than ten days, before the hearing date.
Bankruptcy Rule 9006(c) provides that the Court, for cause shown, may order a notice period reduced. Local Rule 9006-1(d) provides that if expedited relief is necessary, the party requesting expedited hearing and shall take all reasonable steps to provide all parties with the most expeditious service and notice possible and shall file an affidavit specifying the efforts made.
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Cause exists for the Court to hear the Motion on an expedited basis. Unless FFIC’s request is considered before the hearing that it requests be continued, it would suffer immediate and irreparable harm in that it would essentially be forever barred from interposing a full response and taking such steps as are necessary to protect its interests.
B. Continuance
FFIC seeks relief under the Court’s equitable powers conferred under Section 105 of the Bankruptcy Code. The only relevant provision in the federal or local rules is that appearing at Local Rule 5071-1: “Continuances may be granted only by the court and ordinarily will not be granted prior to the hearing if all creditors have received notice of the hearing.” While conceding that requests for continuance are the exception rather than the rule, FFIC submits that the particular circumstances here warrant a relatively brief continuance.
Conclusion
For the foregoing reasons, FFIC respectfully requests that the Court enter an order granting expedited relief, ordering the continuance of the hearing on the Settlement Motion, and granting such other relief as the Court deems just and equitable.
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PROOF OF SERVICE
The undersigned states that she is an employee of Henson
Efron, P.A., and in the course of said employment, on the date indicated below, she served the following:
Emergency Motion to Continue Hearing on Motion for an Order Approving Asbestos Insurance Settlement Agreement or, in the Alternative, to Keep the Hearing Record Open Pending Completion of Discovery; Memorandum of Law; Proposed Order; and Proof of Service
on the entities named below and/or on the attached service by enclosing true and correct copies of same in an envelope, properly addressed and postage prepaid, and depositing same in the United States mail, unless otherwise noted; and that she certifies the foregoing under penalty of perjury.
*See parties on attached list*
Dated: September 15, 2005 /e/ Tawney Jameson
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API, Inc. 2366 Rose Place St Paul MN 55113 Fax: 651-636-0312
US Attorney 600 US Courthouse 300 South Fourth Street Minneapolis MN 55415 Fax: 612-664-5788
IRS Office Of Chief Counsel 650 Galtier Plaza 380 Jackson Street St Paul MN 55101 Fax: 651-726-7360
CM Life Insurance Co. c/o Jeffrey M. Schwartz Gardner Carton Douglas LLP 191 N Wacker Drive, Ste 3700 Chicago, IL 60606 jschwartz@gcd.com jgoitia@gcd.com
LaSalle Bank National Assoc. c/o Dorsey Whitney, LLP Attn: John C. Thomas, Esq. 50 South Sixth Street Minneapolis, MN 55402 thomas.john@dorsey.com lenhart.chris@dorsey.com
Pacific Life Insurance Co. Attn: Securities Department 700 Newport Center Drive Newport Beach, CA 92660 Fax: 949-219-5406
James L Baillie/Faye Knowles Fredrikson Byron, P.A. 200 S 6th Street, Ste 400 Mpls, MN 55402-1425 fknowles@fredlaw.com jbaillie@fredlaw.com dmarshall@fredlaw.com gkarpenko@fredlaw.com
MN Dept Of Revenue Collection Enforcement 551 Bankruptcy Section/Box 64447 St Paul MN 55164 mdor.bkysec@state.mn.us
Securities and Exchange Comm Bankruptcy Section 175 W Jackson Blvd., Ste 900 Chicago IL 60604 chicago@sec.gov
Wells Fargo Bank, NA Attn: Peter Garretson 430 N Wabasha St, Ste 302 St. Paul, MN 55101 peter.a.garretson@wellsfargo.com
Mass Mutual Life Insurance c/o David Babson Co, Inc. Attn: Jeff Dominick 1295 State Street Springfield, MA 01111 jdominick@babsoncapital.com
Provident Mutual Life Insurance Co Attn: Investment Dept/Legal Dept. 1000 Chesterbrook Blvd. Berwyn, PA 19312 Fax: 610-407-1379
Sarah Wencil, Esq. US Trustee Office 300 S Fourth St, Room 1015 Minneapolis, MN 55415 Sarah.j.wencil@usdoj.gov
Internal Revenue Service Special Procedures Branch 316 N Robert St, Stop 5700 St Paul MN 55101 Fax: 651-312-7970
CM Life Insurance Co c/o David Babson Co Inc. Attn: Jeff Dominick 1295 State Street Springfield, MA 01111 jdominick@babsoncapital.com
LaSalle Bank NA Attn: Ward Nixon 50 S 6th St, Ste 1400 Minneapolis, MN 55402 ward.nixon@abnamro.com peter.pricco@abnamro.com
Nationwide Life Insurance Co Attn: Randall W. May — General Counsel One Nationwide Plaza Columbus, OH 43215 mayrw@nationwide.com henrice@nationwide.com
Thrivent Financial Lutherans Attn: Investment Division 625 4th Avenue South Minneapolis, MN 55415 Fax: 866-278-8363
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Michael Brown Drinker, Biddle Reath, LLP One Logan Square 18th and Cherry Streets Philadelphia, PA 19103 Email: Michael.brown@dbr.com
Paul J. Killion Hancock, Rothert Bunshoft Four Embareadero Center, Suite 300 San Francisco, CA 94111 pkillion@hrblaw.com kcutler@hrblaw.com awanger@hrblaw.com mdickman@hrblaw.com
Continental Casualty Company
Transportation Insurance Company c/o Rider Bennett LLP Attn: Jane S. Welch 33 South 6th Street, Suite 4900 Minneapolis, MN 55402 junger@riderlaw.com jwelch@riderlaw.com
Simpson Thacher Bartlett LLP Attn: David Woll, Esq. 425 Lexington Avenue New York, NY 10017 dwoll@stblaw.com afrankel@stblaw.com rtrust@stblaw.com alorenzo@stblaw.com kziman@stblaw.com
APi Group, Inc. c/o Pepper Hamilton, LLP Attn: Francis J. Lawall, Esq. 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103-2799 lawallf@pepperlaw.com
Russell W. Roten Coudert Brothers LLP 333 South Hope Street Los Angeles, CA 90071 Rroten@coudert.com kwindler@coudert.com packerman@coudert.com rzapf@coudert.com
Continental Casualty Company
Transportation Insurance Company c/o McDermott Will Emery LLP Attn: David C. Christian II 227 West Monroe Street Chicago, IL 60606-5096 dchristian@mwe.com ncoco@mwe.com
Continental Casualty Company
Transport Insurance Company c/o Ross Dixon Bell LLP Attn: Eileen King Bower 70 West Madison Street, Suite 525 Chicago, IL 60602 ebower@rdblaw.com ccameron@rdblaw.com mparekh@rdblaw.com
Michael S. Polk Sieben, Polk, LaVerdiere, et al. 999 Westvise Drive Hastings, MN 55033 mpolk@siebenpolklaw.com
St. Paul/Travelers Insurance Corp. c/o Leonard, O’Brien Spencer, Gayle and Sayre, Ltd. Attn: Brian F. Leonard 100 S Fifth St, Suite 2500 Minneapolis, MN 55402 bleonard@losgs.com
Catherine M. Zacharias Great American Insurance Group 49 East Fourth Street, Ste 700 North Cincinnati, OH 45202 czacharias@gaic.com
Thomas H. Carey c/o Steven W. Meyer, Esq. Oppenheimer Wolff Donnelly 45 South 7th Street, Ste 3300 Minneapolis, MN 55402 smeyer@oppenheimer.com
Asbestos Claimants Committee c/o Ravich, Meyer, Kirkman, et al. Attn: Michael Meyer 80 South Eighth Street, Ste 4545 Minneapolis, MN 55402 mlmeyer@ravichmeyer.com
APi Group, Inc. c/o Moore, Costello Hart, PLLP Attn: William M. Beadie, Esq. 701 Fourth Ave S, Suite 1350 Minneapolis, MN 55415 jwc@mch-pllp.com wmb@mch-pllp.com
U.S. Fire Insurance Company c/o Riker, Danzig, Scherer, et al. Attn: Dennis J. O’Grady One Speedwell Avenue P.O. Box 1981 Morristown, NJ 07962 dogrady@riker.com cschael@riker.com jschwartz@riker.com
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U.S. Fire Insurance Company c/o Bassford Remele Attn: John M. Anderson 33 S Sixth Street, Suite 3800 Minneapolis, MN 55402-3707 johna@bassford.com susang@bassford.com
Lind, Jensen, Sullivan. et al. Attn: Thomas D. Jensen 150 South Fifth Street, Suite 1700 Minneapolis, MN 55402-4317 thomas.jensen@lindjensen.com
Craig M. Roen, Esq. 333 S Seventh Street, Suite 2320 Minneapolis, MN 55402 croen@faricyroen.com
Great American Insurance Company c/o Timothy Moratzka 901 Marquette Avenue MInneapolis, MN 55402 tdm@mcmlaw.com
Mass Mutual Life Ins Co, et al. c/o Stephen Mertz Faegre Benson, LLP 90 South Seventh St, Ste 2200 Minneapolis, MN 55402 smertz@faegre.com mstewart@faegre.com
MN Insurance Guaranty Association c/o Peter Koller, Esq. Moss Barnett 90 South Seventh St, Ste 4800 Minneapolis, MN 55402 Fax: 612-339-6686
Andrea D’Ambra Drinker, Biddle Reath, LLP One Logan Square 18th and Cherry Streets Philadelphia, PA 19103 Email: Andrea.dambra@dbr.com
Hinshaw Culbertson LLP Attn: Eric J. Stroebel 222 South Ninth Street, Suite 3100 Minneapolis, MN 55402 estrobel@hinshawlaw.com mmitchell@hinshawlaw.com
Dave Marshall Fredrikson Byron, P.A. 200 South Sixth Street, #4000 Minneapolis, MN 55402 dmarshall@fredlaw.com
John H. Faricy, Jr., Esq. Faricy Roen, P.A. 333 S Seventh Street, Suite 2320 Minneapolis, MN 55402 jfaricy@faricyroen.com
Robert D. Brownson, Trustee c/o Phillip L. Kunkel Gray, Plant, Mooty, et al. 1010 West St. Germain, Ste 600 St. Cloud, MN 56301 phillip.kunkel@gpmlaw.com
Future Asbestos Claimants Ret. Judge Thomas H. Carey c/o Allen I. Saeks Leonard, Street and Deinard 150 S Fifth Street, Ste 2300 Minneapolis, MN 55402 ais1548@leonard.com catherine.mcenroe@leonard.com
Alan R. Brayton Brayton Purcell 222 Rush Landing Road Novato, CA 94945 bankruptcy@braytonlaw.com
Kaufman Logan LLP Attn: Gerald F. Ellersdorfer 100 Spear Street, 12th Floor San Francisco, CA 94105 plogan@kllaw.com raherne@kllaw.com ethompson@kllaw.com gellersdorfer@kllaw.com
Greg Karpenko Fredrikson Byron, P.A. 200 South Sixth Street, #4000 Minneapolis, MN 55402 gkarpenko@fredlaw.com
Jennifer Carlson Faricy Roen, P.A. 333 S Seventh Street, Suite 2320 Minneapolis, MN 55402 jcarlson@faricyroen.com
U.S. Fire Insurance Company c/o Clark Whitmore Maslon, Edelman, et al. 90 S Seventh St, Ste 3300 Minneapolis, MN 55402 clark.whitmore@maslon.com tina.smith@maslon.com james.killian@maslon.com amy.swedberg@maslon.com
Future Asbestos Claimants Ret. Judge Thomas H. Carey c/o Alan Pedlar Stutman, Treister, et al. 1901 Avenue of the Start, Ste 1200 Los Angeles, CA 90067-6013 apedlar@stutman.com
UC Tax Agent/Bankruptcy Rep Attn: Sharon Royer Harrisburg Bankruptcy
Compliance Office 1171 S Cameron St, Room 312 Harrisburg, PA 17104-2513 sroyer@state.pa.us
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ORDER
This matter came before the Court on Fireman’s Fund Insurance Company’s Emergency Motion to Continue Hearing on Motion for Order Approving Asbestos Insurance Settlement Agreement, or, in the Alternative, to Keep the Hearing Record Open Pending Completion of Discovery. Appearances were as noted on the record. Based on the arguments of counsel, all the files, records and proceedings herein,
IT IS HEREBY ORDERED:
1. The request for expedited relief is granted.
2. The hearing on Debtor’s Motion for Order Approving Asbestos Insurance Settlement Agreement with Employers Reinsurance Corporation presently scheduled for September 19, 2005 is hereby continued, and will be held on a date to be determined by subsequent order of the Court.
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