Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv—01560-JFC Document 15-2 Filed 05/26/2005 Page 1 014
EXHIBIT A

Nww22_2&E3ai; QQO4-cv-01560-J FC Docu ment 15-2 Filed 05/26/2005 Page 2 0f 4 _
UNITED STATES BANKRUPTCY COURT .='`'0
FOR TIE DISTRJCT OF DELAWARE ‘ =
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Ou August 19, ZG04, 1 czatucd an order scheduling a. claims cstimaticn hccxins for I
January 13, 2005, and dirccting thc panics tc {tlc their rccpcctivc cxpcxt rcpurts by October 15,
ZDD4. Czrcdit Suisse First Bcctcn, as agent for a group cfparticipatiug banks {“CSFB"), has ftlcd
a motion tc modify that cchcduiing crater. CSFB asks the ccurt "tc establish procedures to obtain
a, ample cfmcdical rcccrds, including x·~myc, itcm usbustcs pctccntal injury claimants csscrtittg
twumcligncm claims against thc debtors ..., " and tc postpone thc January hearing until the
cuggcztcd pmccdurcs have been ccmplctctl - u pcrind cfm mccths tc at year. For scvcsal I`.
tcattcns, thc motion wit] hc dccicd.
The xcctmi already contains substantial evidence to support thc ncblcn that Gwcus
C.‘¤~mi:¤g*s history cf dcelktg with asbcsws claim has inclcdccl pcymcnts tu {argc numbcxs cf
claimants who actually sustained little or no harm iimm their sxpcctuc tc Owens C¤mi¤g’a
` pmducts. Th: relevant dm havn: bean available for analysis for mm? years. Th: conclusions
czawc by experts tmc km; tzccn dsbntcd, and will bc Fully cited at thc Zfammry hearing. ln thc l

2%}-22·;gg&3S9=}i04·CV·O1560-J FC Docu ment 15-2 Filed 05/26/2005 Page 3 0f 4
unlikely event that the information now available proves i¤su£Eciet1tto enable a reasonably
comet estimate of future claims, that issue, ceo, will be considered at the hwing in January. I
It bears emphasis. that the task is to detennine what amount of money will be ii lnlnllll
necccsnry. and sufilcimt. to cover Owens Comingw liability to clehnmm in the reel world in ` ._
which such claims will be reserved. lt will ther; he necessary to structure sl progauu of payments
which, to the extent possible, recognizes only legitirccte claims, md accords the appropriate
pzicrity to the claims of all creditors. _ Ii
The bottom line is that rw useful gmqzcac would be served by further delaying _ I
matters, and running up additional legal hills, to prove what is already reasonably well knows:.

‘_m_22_2mg§&§§;l!}i04-cv-01560-JFC Document 15-2 Filed 05/26/2005 Page 4 0f 4 _. _
UNITED STATES BANKRUPTCY COURT
FOR. TI-E DISTRECT OF DELAWARE
IN RE: : Chapter ll
OWENS {BURNING, ct al., Case Nm. OG-3837 tn 3354 (IPP) -e.-ee-
Debtom. .4'.
QBQEB -i
AND NOW, this 22** day of Ncvcmbmx 2004. umn consideration cf the mcdnn _
¤f{2SFB, as agent, w establish procedures to cbtain a sample ufmadical records {etc.), and the l l
mspcnscs an that muticzx, IT IS ORDERED:
That the motion is DENIED.
BY THE. COURT:
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