Free Designated Record on Appeal - District Court of Delaware - Delaware

Case 1 :07-cv-00263-SLR Document 2 Filed 05/15/2007 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
)
MAGNATRAX CORPORATION, ) Case N0. O3-11402 (KG)
)
( Reorganized Debtor. )
APPELLANT’S DESIGNATION OF ITEMS TO BE INCLUDED IN
THE RECORD OF APPEAL AND STATEMENT OF ISSUES REGARDING
ORDER DENYING MOTION OF ONEX AMERICAN HOLDINGS, LLC
FOR ORDER REOPENING CHAPTER ll CASE FOR LIMITED PURPOSE
A Appellant Onex American Holdings, LLC ("Onex American"), by and through its
undersigned counsel, Cozen O’Connor and Paul, Weiss, Rifkind, Wharton & Garrison
LLP, pursuant to Federal Rule of Bankruptcy Procedure 8006 in connection with its
Notice of Appeal (Docket No. 1768 filed on April 26, 2007 (the "Appeal")) of the Order
dated April 16, 2007 denying the Motion of Onex American for Order Reopening
Chapter 11 Case for Limited Purpose (the "Motion to Reopen") entered by the
United States Bankruptcy Court for the District of Delaware, Judge Kevin Gross (Docket
No. 1766) (the "Order"), sets forth this Designation of Items to be included in the record
of Appeal and Statement of Issues as set forth below.
The following items were filed in the proceedings of In re Mczgrzatrox
Corporation, Case Number 03-11402 (KG):
Appeal Docket
Record No. Filing Date Number Pleading
1 03/12/2007 1737 Motion to Approve an Order Enforcing
Chapter 11 Plan (related document 694).
(Attachments: #1 Notice #2 Exhibit A
(Proposed Form of Order) #3 Certificate of
Service).
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Case 1:07-cv-00263-SLR Document 2 Filed 05/15/2007 Page 2 of 4
Appeal Docket
Record N0. Filing Date Number Pleading
2 03/12/2007 1738 Appendix to Motion of` Onex American
Holdings LLC for Order Enforcing
Chapter 11 Plan (related document 1737).
(Attachments: #1 Tab 1 #2 Tab 2 #3 Tab 3,
part 1 of"8 #4 Tab 3, part 2 of8 #5 Tab 3,
part 3 of8 #6 Tab 3, part 4 of8 #7 Tab 3,
part 5 0f8 #8 Tab 3, part 6 of"8 #9 Tab 3,
part 7 of8 #10 Tab 3, part 8 of8 #11 Tab 4
#12 Tab 5 #13 Tab 6 #14 Tab 7, part 1 of2
#15 Tab 7, part 2 of2 #16 Tab 8 #17 Tab 9
#18 Tab 10 #19 Tab 11 #20 Tab 12, part 1
of`2 #21 Tab 12, part 2 of2 #22 Tab 13,
part 1 0f5 #23 Tab 13, part2 of`5
#24 Tab 13, part 3 of5 #25 Tab 13, part 4
of5 #25 Tab 13, part 5 or"5 #27 Tab 14,
part 1 of2 #28 Tab 14, part 2 of`2
#29 Tab 15 #30 Tab 16). (Entered:
03/12/2007).
3 03/14/2007 1739 Motion to Reopen Chapter 11 Case (related
document 1737). (Attachments:
#1 Proposed Form of Order #2 Exhibit A
#3 Certiiicate of Service).
4 03/20/2007 1749 Objection to Motion to Approve an Order
Enforcing Chapter ll Plan (related
document 1737). (Attachments:
#1 Exhibit A #2 Exhibit B #3 Exhibit C
#4 Certificate of Service).
5 03/20/2007 1750 Objection to Motion for Order Reopening
Chapter ll Case (related document 1739).
(Attachment: #1 Certificate of` Service).
O3/22/2007 1753 Reply of Onex American Holdings, LLC to
Objection of Magnatrax Litigation Trust
and in Further Support of Motion for Order A
Enforcing Chapter 11 Plan (related
document 1737). (Attachments:
#1 Exhibit A #2 Exhibit B #3 Exhibit C
#4 Exhibit D #5 Certificate of Service).
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Case 1 :07-cv-00263-SLR Document 2 Filed 05/15/2007 Page 3 of 4
Appeal Docket
Record No. Filing Date Number Pleading
7 03/22/2007 1754 Reply in Further Support of Motion of Onex
American Holdings, LLC for Order
Reopening Chapter 11 Case for Limited
Purpose (related document 1739).
(Attachment: #1 Certificate of Service).
04/11/2007 1762 Motion for Leave to file Supplemental Reply
to Objection of the Magnatrax Litigation
Trust and in Further Support of Motion for
Order Enforcing Chapter 11 Plan.
(Attachments: #1 Exhibit A (Supplemental
Reply) #2 Exhibit B (Proposed Form of
Order) #3 Certificate of Service).
04/16/2007 1765 Order Granting Motion of Onex American
Holdings, LLC For Leave To File
Supplemental Reply To Objection of
Magnatrax Litigation Trust And In Further
Support of Motion For Order Enforcing
Chapter 11 Plan (related document 1762).
Order Signed on 4/ 13/2007, (Entered:
04/16/2007).
10 04/16/2007 1766 Order Re Motion of Onex American
1 Holdings, LLC, For Order Reopening
Chapter ll Case For Limited Purpose And
Motion For Order Enforcing Chapter 11
Plan (related document 1762). Order Signed
on 4/16/2007. (Entered: 04/16/2007).
ll 04/18/2007 1767 Transcript Of Oral Argument Before
Honorable Kevin Gross, Held on April 13,
2007 (related documents 1764, 1763).
(Entered: 04/18/2007).
12 04/26/2007 1768 Notice of Appeal (related document 1766).
Filed by Onex American Holdings, LLC
(Attachments: #1 Exhibit A #2 Certificate
of Service). (Entered: 04/26/2007).
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Case 1:07-cv-00263-SLR Document 2 Filed 05/15/2007 Page 4 of 4
STATEMENT OF ISSUES
Whether the Bankruptcy Court erred as a matter of law in denying as not "ripe for
adjudication" the Motion to Reopen of Onex American for the limited purpose of
considering Onex American’s motion for an order enforcing the chapter 11 plan of
Magnatrax Corporation and its affiliated debtors, where the Litigation Trustee’s pending
action constitutes a present and ongoing violation of such plan.
Dated: May 2, 2007 COZEN O’CONNOR
M E. Felge 0.3919)
J firey R. Waxman (No. 4159)
201 N. Market Street, Suite 1400
Wilmington, DE 19801
Telephone: (302) 295-2000
— and -
PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP
Alan W. Kornberg
Maria T. Vullo
1285 Avenue of the Americas
New York, NY 10019-6064
Telephone: (212) 373-3000
Counsel for Onex American Holdings,
LLC
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