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

Case 1 :05-cv-00217-JPF Document 2-6 Filed 04/13/2005 Page 1 of 2
s UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
------------------------------------—-·-·---------------·------- X
IN RE Chapter 11 A
OWENS CORNING, g Q., Case Nos. 00-3837 to 3854 (JKF)
: (J ointly Administered)
. Debtors.
................................................................ Q,
MOTION OF CREDIT SUISSE FIRST BOSTON, AS AGENT, PURSUANT TO 28 U.S.C.
§ 157(d), FOR ORDER WITHDRAWING REFERENCE WITH RESPECT TO MOTION
FOR ORDER AUTHORIZING CSFB TO COMMENCE AN ADVERSARY
PROCEEDING ON BEHALF OF THE DEBTORS’ ESTATES AGAINST
CERTAIN PHYSICIANS WHO FALSELY REPORTED X-RAY READINGS AS
POSITIVE FOR ASBESTOS-RELATED IMPAIRMENT
TO: THE HONORABLE JOHN P. FULLAM
SENIOR UNITED STATES DISTRICT JUDGE
Credit Suisse First Boston ("CSFB"), as Agent for the prepetition bank lenders to
Owens Corning and certain of its subsidiaries as debtors and debtors in possession (collectively,
the "Debtors"), respectfully moves this Court, for the reasons set forth in CSFB’s Memorandum
of Law, dated January 12, 2005, filed herewith (the "Memorandum of Law"), for an order
pursuant to 28 U.S.C. § l57(d) withdrawing the reference to the Bankruptcy Court (the "Motion
To Withdraw The Reference") with respect to the Motion Of Credit Suisse First Boston, As
Agent, For Order Authorizing It To Commence An Adversary Proceeding On Behalf Of The
Debtors’ Estates Against Certain Physicians Who Falsely Reported X-Ray Readings As Positive
For Asbestos Related Impairment (the "Motion To Proceed Derivatively").
The facts and circumstances supporting this Motion To Withdraw The Reference
and further grounds therefore are set forth in the Memorandum of Law.

Case 1:05-cv-00217-JPF Document 2-6 Filed 04/13/2005 Page 2 of 2
g WHEREF ORE CSFB respectfully requests entry of an order granting the relief
A requested herein. A proposed form of order is attached hereto as Exhibit 1.
Dated: January 12, 2005
LANDIS RATH & COBB LLP

Richard S. Cob (I.D. o. 3157)
Rebecca L. Butcher (I.D. No. 3816)
919 Market Street, Suite 600
Wilmington, Delaware 19801
Tel: (302) 467-4400
Fax: (302) 467-4450
Attorneys for Credit Suisse First Boston, as Agent
OF COUNSEL:
Barry R. Ostrager
Tyler B. Robinson
Robert J. Pfister
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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