Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv—00122-JJF Document 24 Filed 06/15/2005 Page 1 of 3
I IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
In re ACandS, INC., )
) Bankruptcy Case No. 02-12687 (JKF)
)
ACandS, INC., ) Civil Action No. 04-120 (JJF)
Appellant, )
v. )
)
TRAVELERS CASUALTY AND SURETY )
COMPANY, )
Appellee. )
)
IREX CORPORATION, ) Civil Action No. 04-121 (UF)
Appellant, )
v. )
)
~ TRAVELERS CASUALTY AND SURETY )
COMPANY, )
Appellee. )
)
OFFICLAL COMMITTEE OF ASBESTOS ) Civil Action No. 04-122 (JJF) _
PERSONAL H\I.IURY CLAIl\/IANTS, )
Appellant, )
v. )
) .
TRAVELERS CASUALTY AND SURETY )
COMPANY, )
Appellee. )
)
LAWRENCE FITZPATRICK, ) Civil Action No. 04-123 (JIF)
Appellant, ) .
v. )
)
TRAVELERS CASUALTY AND SURETY )
COMPANY, )
Appellee. )
NOTICE OF HEARING ON ,|ULY 13, 2005 AT 11:00 A.M.
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Case 1 :04-cv-00122-JJF Document 24 Filed 06/15/2005 Page 2 of 3
PLEASE TAKE NOTICE that on July 13, 2005, at 11:00 a.m., at the United
States District Court for the District of Delaware, 844 N. King Street, J. Caleb Boggs Federal
Courthouse, Courtroom 4B, Wilmington, Delaware 19801, the Honorable Joseph J. Farnan,
V Jr., United States District Court Judge, will hold a hearing in each of the above-captioned
cases concerning the Proposed Findings of Fact and Conclusions of Law Re: Chapter 11
Plan Confirmation [Docket No. 979] I (the "Proposed Findings") entered by the Honorable
Randall J. Newsome, United States Bankruptcy Court Judge, on January 26, 2004, in the
V bankruptcy case of ACandS, Inc. (the "Debtor").
The Proposed Findings, among other things, are the subject of objections under
Rule 9033 of the Federal Rules of Bankruptcy Procedure (the "9033 Objections") filed by:
(i) the Debtor — and joined by Irex Corporation ("Irex") and the Official Comnrittee of
Asbestos Personal Injury Claimants (the "Committee"); and (ii) Lawrence Fitzpatrick (the
"Futures Representative").2 The Proposed Findings are also the subject of an appeal in each
of the above-captioned cases filed by: (i) the Debtor (Civil Action No. 04-120 (JJF));
(ii) Irex (Civil Action No. 04-121 (JJF)); (iii) the Committee (Civil Action No. 04-122 (JJF));
and (iv) the Futures Representative (Civil Action No. 04-123 (JJF)).
Each of the appeals in the above-captioned cases was stayed by order of the
Bankruptcy Court, pending resolution of the 9033 Objections by the District Court, or unless
1 All docket numbers noted herein refer to the Bankruptcy Court docket.
2 See: Objection to Certain Proposed Findings of Fact and Conclusions of Law Re Chapter 11 Plan Confirmation
Pursuant to Bankruptcy Rule 9033 and Motion to Confirm Plan of Reorganization (Docket No. 1021) filed by the
Debtor and joined by the Committee; Joinder of lrex Corporation in Support of Objection of ACandS, Inc. to
Certain Proposed Findings of Fact and Conclusions of Law Re Chapter 11 Plan Confirmation Pursuant to
Bankruptcy Rule 9033 and Motion to Confirm Plan of Reorganization [Docket No. 1017]; and Objections ofthe
Future Claimants’ Representative Pursuant to Bankruptcy Rule 9033 to the Proposed Findings of Fact and
Conclusions of Law Re: Chapter 11 Plan Confirmation [Docket No. 1015].
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Case 1 :04-cv-00122-JJF Document 24 Filed 06/15/2005 Page 3 of 3
ordered otherwise by the District Court.3 These matters, except the appeals which are stayed
by the Bankruptcy Court, will be the subject of the July 13, 2005 hearing scheduled by the
District Court.4
Dated: Q I lf , 2005
PACHULSKI, STAN G, ZIEI·H., YOUNG, JONES
& WEINTRAUB P.C.
aura Da ` Jones (Bar No. 2436)
Alan . omfeld (CA Bar No. 130063)
David M. Bertenthal (CA Bar No. 167624)
Curtis A. Hehn (Bar No. 4264)
919 North Market Street, 16th Floor
P.O. Box 8705
Wilmington, DE 19899-8705 (Courier 19801)
Telephone: (302) 652-4100
Facsimile: (302) 652-4400
Counsel to ACandS, Inc.
Debtor and Debtor-in-Possession
3 Order Granting Motion of ACandS, Inc., Debtor and Debtor—In-Possession, for a Stay of Appellate Requirements
Pending Review by the United States District Court for the District of Delaware ofthe Objection to Certain
Proposed Findings of Fact and Conclusions of Law Re Chapter 11 Plan Confirmation Pursuant to Bankruptcy Rule
9033 and Motion to Confirm Plan of Reorganization [Docket No. 1038]; entered by the Honorable Judith K.
Fitzgerald, United States Bankruptcy Court Judge, on February 10, 2004; and Order for Stay of Appellate
Requirements Pending Review by the United States District Court, in the District of Delaware ofthe Objection to
Certain Proposed Findings of Fact and Conclusions of Law Related to the Chapter 11 Plan Confirmation [Docket
No. 1164], entered by the Honorable Judith K. Fitzgerald, United States Bankruptcy Court Judge, on March 30,
2004.
4 The Debtor’s 9033 Objection, which was joined by the Committee and Irex, and the Futures Representative 9033
Objection, along with related pleadings, were transmitted to the District Court by way of that certain
correspondence, and tive accompanying binders, from Debtor’s counsel to the Honorable Joseph J. Faman, Jr.,
dated March 23, 2004.
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