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

Case 1:06—cv—00026-RLB Document 3 Filed 01/19/2006 Page 1 of 4
` IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
IN RE; Chapter 11
W.R. Grace & Co., et al., Case No. 01-01139 (JKF)
Debtors. J ointly Administered
W.R. Grace & Co., etal.,
plaintiffs, Adv. Proc. No. A-01 -771
v.
EHQIQARIAN, et al., and Ref. NO' 373
Defendants.
DESIGNATION OF RECORD AND STATEMENT OF ISSUES ON APPEAL
Claimants injured by exposure to tremolite asbestos from Grace’s operations in and near
Libby, Montanal (the "Libby Claimants"), pursuant to Fed. R. Bankr. P. 8006, designate the
following items to be included in the record on appeal and submit the following statement of the
issues to be presented in connection with the Libby Claimants’ appeal from the order enjoining
them from prosecuting their tort claims against the State of Montana in the Montana District
Courts for Lincoln, Cascade, and Lewis and Clark Counties, announced by the Honorable Judith
K. Fitzgerald, United States Bankruptcy Judge, on December 19, 2005, and entered on January
17, 2006 [Docket No. 376].
I As identified in the Verified Statement of Cohn Whitesell & Goldberg LLP and Landis Rath & Cobb LLP Pursuant
to Fed. R. Bankr. P. 2019 [Main Case Docket No. 4807] filed in this case, as it may be amended and supplemented
Hom time to time.
393.001-10711.dee

Case 1:06—cv—00026-RLB Document 3 Filed 01/19/2006 Page 2 of 4
E I. DESIGNATION OF RECORD
The Libby Claimants hereby designate the following items to be included in the record on
appeal:
Designated Date of Filing Docket Description
No. No.
l 6/9/05 Main Case Motion of State of Montana for Relief from the Automatic
8582 Stay
2 6/28/05 Main Case Opposition of the Official Committee of Unsecured
8705 Creditors to the Motion of the State of Montana for Relief
from the Automatic Stay
3 6/28/05 Main Case Objection of the Official Committee of Asbestos Property
8707 Damage Claimants to the Motion of the State of Montana
for Relief from the Automatic Stay
4 6/28/05 Main Case Debtors’ Objection to the Motion of State of Montana for
8708 Relief from the Automatic Stay
5 8/22/05 Adv. Proc. Debtors’ Motion to Expand their Preliminary Injunction to
359 Include Actions Against the State of Montana
n 8/22/05 Adv. Proc. Motion for Leave to Amend Complaint filed by Debtors
360
7 8/9/05 Adv. Proc. J oinder of the Official Committee of Unsecured Creditors
361 in the Debtors’ Motion to Expand their Preliminary
Injunction to Include Actions Against the State of
Montana
10/5/05 Adv. Proc. Response to Debtors’ Motion to Expand Preliminary
362 Injunction to Include Actions Against the State of
Montana filed by State of Montana
10/7/05 Adv. Proc. Opposition of Libby Claimants to Debtors’ Motion to
363 Expand the Preliminary Injunction to Include Actions
Against the State of Montana
l0 10/7/05 Adv. Proc. Limited Opposition of Libby Claimants to Debtors’
364 Motion for Leave to Amend Complaint
1 1 10/7/05 Adv. Proc. Joinder of the Official Committee of Asbestos Personal
365 Injury Claimants in the Opposition of Libby Claimants to
Debtors’ Motion to Expand the Preliminary Injunction to
Include Actions Against the State of Montana
12 10/14/05 Adv. Proc. Debtors’ Motion for Leave to File a Reply in Further
367 Support of their Motion to Expand Preliminary Injunction
to Include Actions Against the State of Montana with
Reply attached
13 10/17/05 Adv. Proc. Certification of Counsel filed by Libby Claimants with
368 Second Affidavit of John L. Heberling
2
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Case 1:O6—cv—OOO26-RLB Document 3 Filed O1/19/2006 Page 3 of 4
Designated Date of Filing Docket Description
No. No.
14 12/29/05 Adv. Proc. Notice of Appeal filed by the Libby Claimants
373
15 1/10/06 Adv. Proc. Certification of Counsel on Order Regarding Debtors’
375 Motion to Expand its Preliminary Injunction to Include
Actions Against the State of Montana filed by Debtors
16 1/17/06 Adv. Proc. Modified Order Regarding Debtors’ Motion to Expand its
376 Preliminary Injunction to Include Actions Against the
State of Montana
Transcript of December 19, 2005 Hearing
17 1/3/06 Main Case Transcript of` December 19, 2005 Hearing
11473
II. STATEMENT OF ISSUES ON APPEAL
The Libby Claimants hereby submit the following statement of issues presented by this
appeal:
1. Did the Bankruptcy Court have subject matter jurisdiction to stay the Libby
C1aimants’ pending litigation against a non-debtor party, the State of Montana (the "State"),
where the litigation asserts claims against the State for its own tortious conduct?
2. Even if the Bankruptcy Court had subject matter jurisdiction, did the Bankruptcy
Court err in staying the Libby Claimants’ pending litigation against the State based solely on the
State’s own tortious conduct without requiring the Debtors to establish grounds for entry of an
injunction against independent third-party litigation under the stringent standards established by
caselaw?
3
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Case 1:O6—cv—OOO26-RLB Document 3 Filed O1/19/2006 Page 4 of 4
Dated: January 18, 2006 LANDIS RATH & COBB LLP
Adam G. Landis (No. 3407) g
Kerri K. Mumford (N o. 4186)
919 Market Street, Suite 600
P.O. Box 2087
Wilmington, DE 19801
Telephone: (302) 467-4400
Facsimile: (302) 467-4450
- -
Daniel C. Cohn
Christopher M. Candon
COHN WHITESELL & GOLDBERG LLP
101 Arch Street
Boston, MA 02110
Telephone: (617) 951-2505
Facsimile: (617) 951-0679
Counsel for the Libby Claimants
4
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