OneBeacon Insurance Company v. Plant Insulation Company

Filing 86

STIPULATION AND ORDER TERMINATING EXTENSION OF TIME FOR APPELLANTS TO APPEAL FROM ORDER AFFIRMING CONFIRMATION OF AMENDED AND RESTATED SECOND AMENDED PLAN OF REORGANIZATION OF PLANT INSULATION COMPANY, AS MODIFIED. Signed by Judge Richard Seeborg on 9/23/14. (cl, COURT STAFF) (Filed on 9/23/2014)

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1 Michael H. Ahrens (CA Bar No. 44766) 2 3 4 5 6 Steven B. Sacks (CA Bar No. 98875) Michael M. Lauter (CA Bar No. 246048) SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor San Francisco, California 94111 mahrens@sheppardmullin.com ssacks@sheppardmullin.com Telephone: (415) 434-9100 Facsimile: (415) 434-3947 George H. Kalikman (CA Bar No. 147382) SCHNADER HARRISON SEGAL & LEWIS LLP 650 California Street, Suite 1900 San Francisco, California 94108 gkalikman@schnader.com Telephone: (415) 364-6700 Facsimile: (415) 364-6785 Counsel to Bayside Construction & Insulation, Inc. 7 Counsel to Official Committee of Unsecured Creditors 8 Gary S. Fergus (CA Bar No. 95318) 9 FERGUS, A LAW OFFICE 595 Market Street, Suite 2430 10 San Francisco, California 94105 gfergus@ferguslegal.com 11 Telephone: (415) 537-9030 Facsimile: (415) 537-9038 Peter Van N. Lockwood (DC Bar No. 086447) CAPLIN & DRYSDALE, CHARTERED 1 Thomas Circle NW Washington, DC 20005 pvnl@capdale.com Telephone: (202) 862-5000 Facsimile: (202) 429-3301 12 Counsel to Futures Representative, 13 Hon. Charles Renfrew (Ret.) Counsel to Official Committee of Unsecured Creditors 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 In re Case No. 3:14-cv-01200-RS 20 PLANT INSULATION COMPANY, a Bk. Case No. 3:09-BK-31347 TEC California corporation, Chapter 11 21 Debtor. 22 ONEBEACON INSURANCE CO., et al., 23 Appellants, 24 v. 25 PLANT INSULATION CO., et al., 26 STIPULATION AND ORDER TERMINATING EXTENSION OF TIME FOR APPELLANTS TO APPEAL FROM ORDER AFFIRMING CONFIRMATION OF AMENDED AND RESTATED SECOND AMENDED PLAN OF REORGANIZATION OF PLANT INSULATION COMPANY, AS MODIFIED Appellees. (Local Rules 6-2, 7-12) 27 28 SMRH:432801308.2 13HR-126686 1 WHEREAS this Court’s order affirming the Bankruptcy Court’s Confirmation 2 Order, was entered on August 18, 2014 (the “Affirmation Order”); WHEREAS the parties have settled their disputes pending the expiration of a 3 4 reconsideration period for any party to object to the settlements, which period expired on 5 September 19, 2014; WHEREAS the parties stipulated, and the Court ordered, that Appellants would 6 7 have through and including October 17, 2014 to file an appeal from the Affirmation Order; NOW THEREFORE, the Plan Proponents 1 and the appellant insurers 8 9 (“Appellants”) hereby stipulate and agree as follows: The extension for filing an appeal shall be terminated and Appellants will have no 10 11 further right to appeal from the Affirmation Order. SO STIPULATED. 12 13 Dated: September 22, 2014 14 CAPLIN & DRYSDALE, CHARTERED 15 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 16 By 17 /s/ Steven B. Sacks STEVEN B. SACKS 18 Attorneys for Official Committee of Unsecured Creditors of Plant Insulation Company 19 20 21 22 23 24 25 1 The Plan Proponents are Bayside Insulation & Construction, Inc., a California corporation, the Official Committee of Unsecured Creditors of Plant Insulation Company, 26 and the Honorable Charles B. Renfrew (Ret.), appointed by the Bankruptcy Court under 27 Bankruptcy Code Section 524(g)(4)(B)(i) as the legal representative on behalf of persons 28 holding potential asbestos injury demands against Plant. -1- SMRH:432801308.2 STIPULATION TERMINATING EXTENSION OF TIME 13HR-126686 1 Dated: September 22, 2014 2 FERGUS, A LAW OFFICE 3 By 4 /s/ Gary S. Fergus GARY S. FERGUS 5 Attorney for the Hon. Charles B. Renfrew (Ret.), Futures Representative 6 7 8 Dated: September 22, 2014 SCHNADER HARRISON SEGAL & LEWIS LLP 9 10 By 11 12 /s/ George H. Kalikman GEORGE H. KALIKMAN Attorneys for Bayside Insulation & Construction, Inc. 13 14 DENTONS US LLP 15 By /s/ Philip A. O’CConnell, Jr. 16 Phillip A. O’Connell, Jr. 17 Attorneys for OneBeacon Insurance Company 18 And for purposes of this stipulation only, on behalf of the following parties in interest and 19 their counsel: American Home Assurance Company, Granite State Insurance Company, 20 Insurance Company of the State of Pennsylvania, Transport Indemnity Company 2 21 SIMPSON THACHER & BARTLETT LLP 22 By /s/ Andrew T. Frankel 23 Andrew T. Frankel 24 Attorneys for United States Fidelity and Guaranty 25 Company 26 2 Steven Sacks hereby attests that he has on file the holographic signature corresponding to 27 the Appellants’ signatures indicated by a conformed signature (/S/) within this e-filed 28 document. -2- SMRH:432801308.2 STIPULATION TERMINATING EXTENSION OF TIME 13HR-126686 1 ORDER 2 Good cause appearing, based on the foregoing it is hereby ordered that the extension 3 previously granted for Appellants to file a notice of appeal from this Court’s Order entered August 18, 2014 is terminated and that Appellants will have no further right to appeal from 4 that Order. 5 23 6 Dated: September __, 2014 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3SMRH:432801308.2 STIPULATION TERMINATING EXTENSION OF TIME 13HR-126686

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