In Re: Plant Insulation, Co.

Filing 112

STIPULATION AND ORDER RE 111 JOINT STIPULATION REGARDING SCHEDULING ORDER FOR BRIEFING AND ARGUMENT REGARDING APPELLANTS EMERGENCY MOTION FOR A STAY PENDING APPEAL TO THE NINTH CIRCUIT. Motion Hearing set for 10/26/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 10/15/12. (cl, COURT STAFF) (Filed on 10/15/2012)

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SNR DENTON US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
[phone]

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PHILIP A. O’CONNELL, JR. (State Bar No. 152486)
JOEL T. MUCHMORE (State Bar No. 224446)
SNR Denton US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
ROBERT B. MILLNER (Pro Hac Vice)
CHRISTOPHER D. SOPER (Pro Hac Vice)
SNR Denton US LLP
233 S. Wacker Drive, Suite 7800
Chicago, IL 60606-6404
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for OneBeacon
Insurance Company
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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FIREMAN’S FUND INS. CO., et al.,
Appellants,
v.

On appeal from the U.S. Bankr. Court for the
N.D. of Cal. (Hon. Thomas Carlson)

PLANT INSULATION CO., et al.,

Bankruptcy Case No. 09-31347-TC

Appellees.

JOINT STIPULATION REGARDING
SCHEDULING ORDER FOR BRIEFING
AND ARGUMENT REGARDING
APPELLANTS’ EMERGENCY MOTION
FOR A STAY PENDING APPEAL TO THE
NINTH CIRCUIT

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In re:

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PLANT INSULATION COMPANY,

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Debtor.

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Hon. Richard Seeborg
Case No.: C 12 1887 RS

STIPULATION REGARDING SCHEDULING ORDER
FOR APPELLANTS’ MOTION TO STAY
Case No. C 12 1887 RS

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The Insurers identified in the signature block below (collectively, the “Insurers”), the Official

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Committee of Unsecured Creditors, (the “Committee”), debtor and debtor-in-possession Plant

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Insulation Company (“Plant”) and the court-appointed representative of future asbestos claimants (the

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“Futures Representative”) (collectively, the Committee, Plant, and the Futures Representative being

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referred to as the “Plan Proponents”), by and through their respective undersigned counsel, Plan

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Proponents having confirmed to Insurers that, consistent with the terms and conditions of the Plan, the

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Plan shall not become effective prior to November 9, 2012, hereby stipulate to the following schedule

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with regard to the Insurers’ Emergency Motion For A Stay Pending Appeal To The Ninth Circuit,

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(including, without limitation, any related Motion To Shorten Time) (“Motion for Stay”):

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SNR DENTON US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
[phone]

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1.

The Insurers shall file and serve via e-mail their Motion to Stay and any supporting

papers by 12:00 p.m. Pacific time on October 15, 2012.
2.

The Plan Proponents shall file and serve via e-mail any opposition to the Motion to

Stay, along with any supporting papers, by 11:59 P.M. on October 22, 2012.
3.

The Insurers shall file and serve via e-mail any reply in support of the Motion to Stay,

along with any supporting papers, by 11:59 P.M. on October 24, 2012.
4.

The Insurers and the Plan Proponents agree to allow the Insurers’ Motion to Stay to be

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heard on October 26, 2012, subject to the Court’s availability and the Court’s desire to hold oral

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argument on the Insurers’ Motion to Stay.

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IT IS SO STIPULATED.

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Plant Insulation Company, Debtor

Hon. Charles B. Renfrew (Ret.),
Futures Representative

____/s/ Peter J. Benvenutti______________
Peter J. Benvenutti, Esq.
Jones Day

____/s/ Gary S. Fergus_________________
Gary S. Fergus, Esq.
Fergus, A Law Office

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-2STIPULATION REGARDING SCHEDULING ORDER
FOR APPELLANTS’ MOTION TO STAY
Case No. C 12 1887 RS

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Official Committee Of Unsecured Creditors

OneBeacon Insurance Company

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/s/ Philip A. O’Connell, Jr. _________
Philip A. O’Connell, Jr.
SNR Denton U.S. LLP

____/s/ Michael H. Ahrens _______________
Michael H. Ahrens, Esq.
Sheppard, Mullin, Richter & Hampton LLP

And, for purposes of this stipulation only, on
behalf of the following parties in interest and
their counsel: American Home Assurance
Company, Granite State Insurance Company,
and Insurance Company of the State of
Pennsylvania; ACE Fire Underwriters
Insurance Company and ACE Property &
Casualty Insurance Company; Insurance
Company of the West; Safety National
Casualty Corporation; Transport Indemnity
Company; United States Fidelity and Guaranty
Company; and United States Fire Insurance
Company.

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SNR DENTON US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
[phone]

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IT IS SO ORDERED.

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__________________________________
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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Dated: October __, 2012

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27397569\V-1

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-3STIPULATION REGARDING SCHEDULING ORDER
FOR APPELLANTS’ MOTION TO STAY
Case No. C 12 1887 RS