In re: Shook Fletcher Insulation Co., Debtor

Case No. 02-027771-BGC-11United States Bankruptcy Court, N.D. Alabama, Southern Division.
July 18, 2002

Order on Confidential Material from Hearing on July 17, 2002
BENJAMIN COHEN, United States Bankruptcy Judge

A hearing was held before this Court on July 17, 2002, at which matters were discussed where one of the participants claimed confidentiality pursuant to this Court’s Stipulated Confidentiality Agreement and Order, entered June 12, 2002. For good cause shown, the Court finds that the claim should be recognized and that the matters discussed and the pleading that precipitated those matters should be held in confidence and under seal of the Court.

1. Matters Discussed at July 17, 2002, Hearing — In regard to the matters discussed at the July 17, 2002, hearing and the Court’s official audio record of those discussions, the Court finds that any reproductions by the Court of the audio record shall include a label that reads:

United States Bankruptcy Court Northern District of Alabama In re: Shook Fletcher Insulation Co. Case No. 02-02771-BGC-11

This CD contains CONFIDENTIAL MATERIAL. Neither this CD nor its contents may be reproduced and its contents may not be transcribed without written permission of this Court. No one other than those bound by this Court’s Stipulated Confidentiality Agreement and Order, entered June 12, 2002, may listen to the confidential portions of this official recording without prior written approval of the Court. Done this 18th day of July, 2002, Benjamin Cohen, United States Bankruptcy Court.

Any reproduction of the audio recording shall also be accompanied by a copy of this order.

The clerk of court shall maintain the original audio recording in the same manner as other official recordings.

2. Debtor’s Motion for an Order (I) Reauiring Travelers Casualty
Surety Company to Respond to the Court’s Order on Discovery of Reserve Information and (II) Permitting Further Discovery on Reserve Information — This pleading precipitated the July 17, 2002, discussion of confidential matters. The original was filed by the debtor at 4:13 p.m. on July 15, 2002. That document was assigned Proceeding No. 207 in the Courts file. Recognizing the confidentiality claim, the Court designated the document confidential and placed the document under seal.

An identical pleading was “unofficially filed” with the Court by facsimile on 5:29 pm. on July 15, 2002. That copy, with the Court’s permission, was filed at 8:47 a.m. on July 16, 2002. it was assigned Proceeding No. 209 in the Court’s file and was also placed under seal.

In accordance with the above and the Court’s Stipulated Confidentiality Agreement and Order, it is ORDERED:

1. The original CD produced by the Court’s official audio recording shall be
maintained as other official recordings. No one other than Court
personnel shall have access to that recording or the “intranet network”
version of that recording. Copies of the audio recording may not be made
without the Court’s permission. Any copies shall inciude the label
described above and shall be accompanied by a copy of this order.

2. Both Proceeding No. 207 and Proceeding No. 209 shall remain under
seal. These documents may not be reviewed by anyone other than Court
personnel without the Court’s written permission.

3. A copy of this order shall be placed:

A. At the locations designated for Proceeding No. 207 and Proceeding
No. 209 in the Court’s file;

B. With the original audio recording; and

C. With the sealed documents.

4. The clerk of Court shall serve a copy of this order by local mail on:

(i) The Debtor:

Roger Frankel
Richard H. Wyron
Swidler Berlin Shereff Friedman, LLP
3000 K Street, NW, Suite 300
Washington, DC 20007-5116

Richard P. Carmody
Lange, Simpson, Robinson Somerville LLP
2100 3rd Avenue North, Suite 1100
Birmingham, AL 35203-3367

(ii) The Unofficial Committee of Asbestos Claimants:

Nancy Worth Davis
Ness Motley Loadholt Richardson Poole, PC
28 Bridgeside Boulevard
Mount Pleasant, SC 29465

David B. Anderson
Walston, Wells, Anderson Bains
500 Financial Center
P.0. Box 830642
Birmingham, AL 35283-0642

(iii) The Futures Representative and his counsel:

R. Scott Williams
Haskell Slaughter Young Rediker, L.L.C.
1200 AmSouth/Harbert Plaza
1901 Sixth Avenue North
Birmingham, AL 35203

Robert M. Fishman
Shaw Gussis Fishman Glantz Wolfson, LLC
1144 West Fulton Street, Suite 200
Chicago, IL 60607

(iv) The Equity Holders:

John P. Whittington
Lloyd C. Peeples, Ill
Bradley Arant Rose White LLP
2001 Park Place, Suite 1400
Birmingham, AL 35203-2736

(v) Travelers:

David J. Woll
Simpson Thacher Bartlett
425 Lexington Avenue
New York, N.Y. 10017

W. Clark Watson
Eric Ray
Balch Bingham LLP
1901 Sixth Avenue North, Suite 2600
Birmingham, AL 35203

(vi) Bankruptcy Administrator:

Thomas Corbett
Robert S. Vance Federal Building
Suite 120
1800 Fifth Avenue North
Birmingham, AL 35203

The clerk of court shall send a copy of this order through the Bankruptcy Noticing Center to all creditors and persons requesting notice.