OneBeacon Insurance Company v. Plant Insulation Company
Filing
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JOINT STIPULATION AND ORDER REGARDING WAIVER OF EQUITABLE MOOTNESS AS TO APPEAL AND REVIEW OF MODIFIED CONFIRMATION ORDER. Signed by Judge Richard Seeborg on 8/20/14. (cl, COURT STAFF) (Filed on 8/20/2014)
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Anna Shiran (State Bar No. 260911)
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone:
(415) 882-5000
Facsimile:
(415) 882-0300
anna.shiran@dentons.com
Philip A. O'Connell Jr. (State Bar No. 152486)
DENTONS US LLP
101 Federal Street, Suite 2750
Boston, MA 02110
Telephone: (617) 235-6802
Facsimile: (617) 235-6884
philip.oconnelljr@dentons.com
Robert B. Millner (Pro Hac Vice)
DENTONS US LLP
233 S. Wacker Drive, Suite 7800
Chicago, IL 60606-6404
Telephone:
(312) 876-8000
Facsimile:
(312) 876-7934
robert.millner@dentons.com
Attorneys for ONEBEACON INSURANCE
COMPANY
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UNITED STATES DISTRICT COURT
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DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
(415) 882-5000
NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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No. 3:14-cv-01200-RS
In re
Bankr. Case No. 3:09-BK-31347 TEC
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PLANT INSULATION CO.,
Chapter 11
Debtor.
Judge Seeborg
ORDER
JOINT STIPULATION REGARDING
WAIVER OF EQUITABLE MOOTNESS AS
TO APPEAL AND REVIEW OF MODIFIED
CONFIRMATION ORDER
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ONEBEACON INSURANCE CO., et al.,
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Appellants,
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v.
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PLANT INSULATION CO., et al.,
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Appellees.
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JOINT STIPULATION REGARDING WAIVER OF EQUITABLE MOOTNESS
Case No. 3:14-cv-01200-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") (all of the above collectively referred to below as the "Parties"),
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by and through their respective undersigned counsel, hereby stipulate to the following:
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1.
The Insurers have advised the Plan Proponents that they would seek a stay of the
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implementation of this Court's August 18, 2014 rulings in this case (the Order Affirming
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Confirmation of Revised Plan of Reorganization (Dkt. No. 77) and Order Denying Appeal From
Confirmation of Revised Plan of Reorganization (Dkt. No. 76)) and the Bankruptcy Court rulings that
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DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
(415) 882-5000
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were the subject of those August 18, 2014 rulings (the "Confirmation Order") pending an appeal of
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the Confirmation Order by the Insurers (the "Appeal") based on the Insurers' concern that if they do
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not seek and obtain a stay the appeal may be dismissed as moot, including on the doctrine commonly
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known as equitable mootness. The Plan Proponents have responded that they would oppose such a
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stay. As an alternative to proceeding with a motion for a stay, and in lieu of such motion, the parties
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have reached the stipulation set forth herein.
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2.
The Plan Proponents are willing to stipulate that they will not file a motion to dismiss
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the Appeal based on mootness of any kind, as long as the Insurers agree to join in requesting that the
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Ninth Circuit expedite the hearing of the Appeal and in seeking a briefing schedule in the Ninth
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Circuit that is concluded as quickly as the schedule set for the Insurers' prior appeal to the Ninth
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Circuit. The parties are willing to so stipulate.
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3.
The Plan Proponents agree that they will not seek to dismiss the Appeal or raise
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equitable mootness as a ground for disposition of the Appeal. Mootness, including the doctrine of
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equitable mootness, is waived as an issue in the Appeal. The Insurers agree that they will not seek to
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stay implementation of the Plan or delay the occurrence of the Modified Effective Date. The Insurers
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and the Plan Proponents shall request that the Ninth Circuit Court of Appeals expedite the Appeal
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JOINT STIPULATION REGARDING WAIVER OF EQUITABLE MOOTNESS
Case No. 3:13-cv-01200-RS
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and the briefing schedule.
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The Plan Proponents shall not contend that the failure to seek or obtain a stay of the
Confirmation Order is a basis for any finding adverse to the Insurers.
IT IS SO STIPULATED.
Bayside Insulation and Construction, Inc.,
formerly Plant Insulation Company, Debtor
Hon. Charles B. Renfrew (Ret.),
Futures Representative
/s/ George H. Kalikman
George H. Kalikman, Esq.
Schnader Harrison Segal & Lewis LLP
/s/ Gary S. Fergus
Gary S. Fergus, Esq.
Fergus, A Law Office
Official Committee Of Unsecured Creditors
OneBeacon Insurance Company
/s/ Michael H. Ahrens
Michael H. Ahrens, Esq.
Sheppard, Mullin, Richter & Hampton LLP
/s/ Philip A. O'Connell, Jr.
Philip A. O'Connell, Jr.
DENTONS US LLP
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DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
(415) 882-5000
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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; Transport Indemnity Company;
and United States Fidelity and Guaranty
Company.
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IT IS SO ORDERED.
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__________________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
Dated: August ___, 2014
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JOINT STIPULATION REGARDING WAIVER OF EQUITABLE MOOTNESS
Case No. 3:13-cv-01200-RS
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