Opinion
Case No. 01-16034 (AJG), Chapter 11, Jointly Administered
January 31, 2002
Upon consideration of the Motion of Continental Casualty Company, National Fire Insurance Company and Federal Insurance Company (collectively referred to as the "Sureties") for Authority to Conduct Examinations of the Debtors and for the Production of Documents Pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (Docket No. 268) (the "Motion"), and upon consideration of the motions of St. Paul Fire and Marine Insurance Company (Docket No. 316), Safeco Insurance Company of America (Docket No. 516), Lumbermans Mutual Insurance Company (Docket No. 542), Harford Fire Insurance Company (Docket No. 517), Fireman's Fund Insurance Company (Docket No. 542), and Liberty Mutual Insurance Company (Docket No. 807) (collectively referred to with the Sureties as the "Movants") to join in the Motion (collectively referred to with the Motion as the "Rule 2004 Requests"); and upon consideration of the opposition to the Rule 2004 Requests filed by the Debtors (Docket Nos. 537, 608, 822) and by JPMorgan Chase Bank (Docket Nos. 563, 573, 880); and a hearing to consider the Rule 2004 Requests and the relief requested therein having been held before this Court on January 15, 2002 (the "Hearing"); and based upon the Rule 2004 Requests, the responses thereto, and the documents presented and the arguments made at the Hearing and upon due deliberation, good and sufficient cause appearing,
IT IS HEREBY ORDERED THAT:
1. By February 1, 2002, the Debtors are to provide the Movants with the names of witnesses with knowledge relevant to the subject matter in the Rule 2004 Requests and the names of witnesses with information concerning the existence, custodian, location and general description of relevant documents related thereto.
2. In addition to any other continuing obligation to update the information provided as it may become available, the Debtors will have a continuing obligation to inform the Movants of the named employee witnesses, if any, that are no longer employed by the Debtors and any further information necessary to ensure the Movants' ability to interview or take any required deposition of such person or persons.
3. Unless otherwise ordered by the Court, any further compliance with the Rule 2004 Requests is STAYED until May 31, 2002. To the extent an objection to the Debtors' compliance with the balance of the relief sought is filed on or before May 31, 2002, the Court will schedule a hearing regarding such objection immediately after its filing.
4. This Order is without prejudice to any party to hereafter seek any relief that it deems appropriate regarding the preservation of documents, including the implication of Code Sections 541 and 542.