Opinion
Case No. 02-14261, Jointly Administered.
August 30, 2005
ORDER FOR RELIEF FROM AUTOMATIC STAY AND/OR PLAN INJUNCTION AND FOR LEAVE TO PROCEED TO THE EXTENT OF APPLICABLE INSURANCE PROCEEDS
Upon consideration of the Motion To Bring Newly Added State Court Plaintiffs Within Scope Of The Court's Prior Grant Of Stay Relief Permitting State Court Litigation To Proceed Up To The Limits Of Applicable Insurance Coverage ("Motion") filed by Blaine and Teresa Meador ("Movants"), and finding that good cause has been established to grant the relief requested in the Motion,
IT IS HEREBY ORDERED AND ADJUDGED, that said Motion is SUSTAINED and, to the extent applicable, both the automatic stay under 11 U.S.C. § 362and the injunction contained in 11.3 of the Debtors' Plans are hereby modified for the limited purpose of allowing Movants to prosecute their state court claims in West Virginia state court in order to liquidate all of their claims against the applicable Debtors, up to the limits of applicable liability insurance coverage, consistent with this Court's June 17, 2003 grant of similar relief to Movant's co-plaintiffs; and it is further,
ORDERED that the applicable Debtors shall only be nominal parties in such state court litigation and, without prior approval of this Court, Movants' recovery of any damages awarded against the applicable Debtor(s) in such litigation shall be limited to any applicable insurance proceeds available for such payment.