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)
1 Michael H. Ahrens (CA Bar No. 44766)
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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
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Counsel to Futures Representative,
13 Hon. Charles Renfrew (Ret.)
Counsel to Official Committee of Unsecured
Creditors
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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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
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Debtor.
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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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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)
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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
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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
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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
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9 (“Appellants”) hereby stipulate and agree as follows:
The extension for filing an appeal shall be terminated and Appellants will have no
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11 further right to appeal from the Affirmation Order.
SO STIPULATED.
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13 Dated: September 22, 2014
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CAPLIN & DRYSDALE, CHARTERED
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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By
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/s/ Steven B. Sacks
STEVEN B. SACKS
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Attorneys for Official Committee of Unsecured
Creditors of Plant Insulation Company
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The Plan Proponents are Bayside Insulation & Construction, Inc., a California
corporation, the Official Committee of Unsecured Creditors of Plant Insulation Company,
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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
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FERGUS, A LAW OFFICE
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By
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/s/ Gary S. Fergus
GARY S. FERGUS
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Attorney for the Hon. Charles B. Renfrew (Ret.),
Futures Representative
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8 Dated: September 22, 2014
SCHNADER HARRISON SEGAL & LEWIS LLP
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By
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/s/ George H. Kalikman
GEORGE H. KALIKMAN
Attorneys for Bayside Insulation & Construction, Inc.
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14 DENTONS US LLP
15 By
/s/ Philip A. O’CConnell, Jr.
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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
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SIMPSON THACHER & BARTLETT LLP
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By
/s/ Andrew T. Frankel
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Andrew T. Frankel
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Attorneys for United States Fidelity and Guaranty
25 Company
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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.
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6 Dated: September __, 2014
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UNITED STATES DISTRICT JUDGE
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-3SMRH:432801308.2
STIPULATION TERMINATING
EXTENSION OF TIME
13HR-126686
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