Free Remark - District Court of Delaware - Delaware

Case 1 :05-cv-00217-JPF Document 3-7 Filed 04/13/2005 Page 1 of 2
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
------------—----------------------—---·------- - ------- X
IN RE Chapter 11
OWENS CORNING, g Q., Case Nos. 00-3837 to 3854 (JKF)
: (J ointly Administered)
Hearing Date: February 28, 2005 at 10 a.m.
Debtors. : Refs. Nos. 14180, 14466
....................................................... Q
MOTION FOR LEAVE TO FILE REPLY MEMORANDUM
Credit Suisse First Boston ("CSFB”), as Agent for the prepetition bank lenders to
Owens Coming and certain of its subsidiaries, respectfully requests permission to file a short
reply to the Debtors’ "conditional opposition” to CSFB’s motion for leave to pursue certain
claims derivatively, in the form attached hereto as Exhibit "A." See Del. Bankr. L.R. 9006-1(d).
Leave is warranted here because the Debtors’ response has conceded the potential merit of
CSFB’s proposed lawsuit and redefined the determinative issue on the motion simply as whether
CSFB should be required to indemnify Owens Corning and all of its officers, directors,
employees and agents against hypothetical counterclaims.
While CSFB fully briefed the issues that have been identified in the case law as
relevant to the Court’s decision on the pending motion, Owens Coming’s reliance on an issue
unprecedented in the case law—especially one that it claims to be dispositive—warrants a short
reply so that the parties’ respective positions are fairly presented for the Court’s consideration.
Accordingly, it is respectfully submitted that a reply brief would allow the issues to be fully aired
and would assist the Court in its resolution of the pending motion.
WHEREF ORE, CSFB respectfully requests the entry of an Order granting Q
permission to file the Reply. A proposed form of order is attached hereto as Exhibit "B."

R Case 1:05-cv-00217-JPF Document 3-7 Filed O4/13/2005 Page 2 of 2
Dated: February 18, 2005 LANDIS RATH & COBB LLP
Richard S. Cobb (No. 3157)
Rebecca L. Butcher (N o. 3816)
919 Market Street, Suite 600
Wilmington, DE 19801
Telephone: (302) 467-4400
Facsimile: (302) 467-4450
Attorneys for Credit Suisse First Boston, as Agent
OF COUNSEL:
Barry R. Ostrager
Tyler B. Robinson
Robert J. Ptister
Katharine E. Nolan
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017-3954
Tel: (212) 455-2000
Fax: (212) 455-2502
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