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

Case 1:07-cv-00536-RLB

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Filed 09/07/2007

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IN THE UNITED STATES BANUPTCY COURT
FOR THE DISTRICT OF DELAWAR
In re:

)

Chapter 11

)

W. R. GRACE & CO., et al.
Debtors.

) ) )

Case No. 01-01139 (JK)

(Jointly Administered)

COUNTER-DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL REGARING THE BANKRUPTCY COURT'S ORDER DENYING MOTION OF THE STATE OF NEW JERSEY, DEPARTMENT OF ENVRONMENTAL PROTECTION, FOR LEAVE TO FILE A LATE PROOF OF CLAIM
The above-captioned debtors and debtors-in-possession (the "Debtors"), by their counsel,
pursuant to Federal Rule of

Banptcy Procedure 8006 and Local Rule 8006-1, in connection
the

with the Appellants' Notice of Appeal (Docket No. 16523, filed on August 17,2007) of

Banptcy Cour's Order Denying Motion of

the State of

New Jersey, Department of

Environmental Protection, for Leave to File a Late Proof of Claim, entered in these cases on

August 2,2007 (Docket No. 16467), set forth this Counter-Designation ofltems to be Included
in the Record on AppeaL.

Additional Items to be Included in the Record on Appeal Case No. 01-01139 J
1

Date 4/09/2007

Bankru tc Dkt. No.

15117 Transcript of April 2, 2007 Hearng
Additional Items to be Included in the Record on Appeal Case No. AP 05-52724 J Descri tion Bankru tc Dkt. No.
3

Date
2
3

9/19/2005
10/07/2005 10/07/2005

Debtors' Motion for an Injunction Under Sections
105 and 362 of

the Banptcy Code

6 7

4

5

10/28/2005

8

Motion to Dismiss Debtors' Complaint for Declaratory and Injunctive Relief in Support of Defendants' Defendants' Brief Motion to Dismiss Debtors' Complaint for Declaratory and Injunctive Relief Debtors' Opposition to Defendants' Motion to Dismiss
Defendants' Notice of

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6

1/17/2006

10

Modified Order Regarding Debtors' Motion for an
Injunction Under Sections 105 and 362 of the

7

2/23/2007

25

Banptcy Code Twelfth Order Regarding Debtors' Motion for an
Injunction Under Sections 105 and 362 of the

Banptcy Code

Additional Items to be Included in the Record on Appeal United States District Court District of New Jersey Trenton Vicinage Civil Action No. 05-4581 (MLC) Date Dkt. No. Description
8

10/03/2005

2

Brief on Behalf of

Defendants W. R. Grace & Co.

and W. R. Grace & Co.-Conn. in Support of Motion to Transfer Venue to the Delaware

Bankptcy Court Pursuant to 28 U.S.c. § 1412
and the Standing Order of Distrct Court for the Distrct of

the United States Delaware, Dated

9 10

10/06/2005 10/06/2005

3

July 23, 1984 Motion to Remand Notice of
Plaintiffs Briefin Support of Remand this Action to the Superior Cour of

4

Plaintiffs Motion to
New

Jersey under 28 U.S.C. § 1447(c), or Alternatively,
28 U.S.C. § 1452(b)

11

12
13

10/07/2005 10/20/2005

5

7
8

10/20/2005

Motion to Remand Plaintiff s Brief in Opposition to Defendants' Motion to Transfer to Delaware Bankptcy Court Defendants' Brief in Opposition to Plaintiff s Motion to Remand under 28 U.S.C. § 1447(C) or
Briefin Support of

28 U.S.C. § 1452(B)
14

10/27/2005

11

Defendants' Reply to Plaintiff s Brief in Opposition to Defendants' Motion to Transfer to
Delaware Banptcy Court
Plaintiffs Brief

15

10/27/2005

12

in Reply to Defendant's Opposition to Plaintiff s Motion to Remand this Action to the Superior Cour of New Jersey under
28 U.S.C. § 1447(c)

Desbmation of Record

The Debtors hereby correct one of the items misdesignated by the Appellants in the
Designation. Item 9 of

the Appellants' Designation, the "State's Response to Debtor's

Objection," should be docket number 16296, and not 16297 as designated by the Appellants.

2
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Dated: August 27, 2007

KILAN & ELLIS LLP
David M. Bernck, P.C. Janet S. Baer Lori Sinanyan 200 East Randolph Drive Chicago, Ilinois 60601
Telephone: (312) 861-2000 Facsimile: (312) 861-2200

and

P ACHUSKI, STANG, ZIEHL, YOUNG, JONES & WEINTRAUB LLP

ra Davis Jones (Bar No. 2436) ames E. O'Neill (Bar No. 4042) Timothy P. Cairns (Bar No. 4228) 919 North Market Street, 1 ih Floor P.O. Box 8705
Wilmington, Delaware 19899-8705 (Courer 19801)

Ô

Telephone: (302) 652-4100 Facsimile: (302) 652-4400

Co-Counsel for the Debtors and Debtors in Possession

3
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