Opinion
Case No. 06-1-3250-NVA.
March 7, 2008
Mark D. Plevin (D. Md. Bar No. 013415), Leslie, A. Epley (D. Md. Bar No. 015726), Kelly R. Cusick, CROWELL MORING LLP, Washington, D.C., E. Chuck Dann, Jr. (D. Md. Bar No. 00795), GOODELL, DEVRIES, LEECH DANN, LLP, Baltimore, Maryland, Attorneys for Maryland Casualty Company.
Mark J. Friedman (D. Md. Bar No. 00102), Susan S. Maher (D. Md. Bar No. 06387), Jason W. Hardman (D. Md. Bar No. 27470), DLA PIPER US LLP, Baltimore, Maryland, Attorneys for Lloyd E. Mitchell, Inc.
Michael J. McManus (D. Md. Bar No. 02815), DRINKER BIDDLE REATH LLP, Washington, D.C., Michael F. Brown, DRINKER BIDDLE REATH LLP, Philadelphia, Pennsylvania, Attorneys for OneBeacon America Insurance Company.
Paul M. Nussbaum (D. Md. Bar No. 04394), Cameron J. Macdonald (D. Md. Bar No. 25362), WHITEFORD, TAYLOR PRESTON L.L.P., Baltimore, Maryland, David B. Salzman, Esquire, CAMPBELL LEVINE, LLC, Pittsburgh, Pennsylvania, Attorneys for Official Committee of Unsecured Creditors.
STIPULATION AND ORDER FURTHER STAYING CONFIRMATION-RELATED DEADLINES FOR AN ADDITIONAL 45 DAYS
WHEREAS, on January 28, 2008, the Court entered an order (Dkt. No. 483) staying all confirmation-related deadlines for a period of sixty (60) days from January 14, 2008 to enable Lloyd E. Mitchell, Inc., debtor and debtor-in-possession herein (the "Debtor"), the Official Committee of Unsecured Creditors of Lloyd E. Mitchell, Inc. (the "Committee") and Maryland Casualty Company ("Maryland Casualty") to mediate their disputes relating to insurance coverage for asbestos liabilities and related claims in this bankruptcy case; and
WHEREAS, to permit the parties to such mediation to both focus on the mediation and avoid the costs and burdens of proceedings, including discovery, related to the confirmation of the proposed Joint Plan of Liquidation herein (the "Plan"), the Debtor, the Committee and Maryland Casualty desire to stay, for an additional forty-five (45) days from the termination of the previously-ordered stay, all of the unexpired deadlines set forth in the "Lloyd E. Mitchell Confirmation Schedule" appended to the "Order Granting, In Part, The Joint Motion [271] Of The Debtor And Official Committee Of Unsecured Creditors For Order (I) Approving Disclosure Statement; (II) Establishing A Record Date For Voting On The Plan; (III) Establishing Notice And Objection Procedures For Hearing On Confirmation Of The Plan; (IV) Approving Solicitation Packages And Procedures For Circulation; And (V) Approving Forms Of Ballots, Modifying Bankruptcy Rule 2019, And Establishing Procedures For Voting On The Plan, And Sustaining In Part, And Overruling In Part, Maryland Casualty Company's [287] And OneBeacon America Insurance Company's [289] Objections Thereto" (the "Order," Dkt. No. 351); and
WHEREAS, although not participating in the mediation, OneBeacon consents to, and is participating in, the stay mentioned in the preceding recital paragraph.
IT IS HEREBY STIPULATED among the Debtor, the Committee, Maryland Casualty and OneBeacon and ORDERED by the Court, as follows:
1. All dates and deadlines set forth in the "Lloyd E. Mitchell Confirmation Schedule" appended to the Order (the "Confirmation Schedule") that had not expired as of January 14, 2008, and all other deadlines related to proceedings concerning confirmation of the Plan (including, by way of example and not limitation, any deadlines related to any motions to compel responses to discovery), are hereby stayed and tolled for a period of one hundred and five (105) days from January 14, 2008, such that the dates and deadlines for action or performance by a party set forth in the Confirmation Schedule may be taken and performed in the number of days that would have been remaining under the Confirmation Schedule as of January 14, 2008. Further, the stay established in this paragraph shall apply to all activities related to Dkt. No. 300 and OneBeacon's response thereto (Dkt. No. 308), as well as Dkt. No. 350 and OneBeacon's response thereto (Dkt No. 371).
2. Except as stated herein, the stay established in paragraph 1 hereof shall not apply to any hearings or other activity in any other court by, between or among the Debtor, the Committee, Maryland Casualty and OneBeacon or as to any other matter in this Court relating to any entity other than the signatories to this Stipulation and Order. For the avoidance of doubt, it is acknowledged that the stay does not apply to the following three pending matters: (a) the appeal pending before District Judge Davis in No. 1:07-cv-01622-AMD; (b) the March 7, 2008 hearing before Bankruptcy Judge Alquist scheduled pursuant to Dkt. No. 467; and (c) deposition(s) of Travelers pursuant to Rule 2004.
3. Nothing in this Stipulation and Order shall prevent the Debtor, the Committee, Maryland Casualty and OneBeacon from seeking a further stay of all dates and deadlines set forth in the Confirmation Schedule, to the extent they agree that such an extension is in their respective best interests.
CERTIFICATION OF COUNSEL
I HEREBY CERTIFY in accordance with the Court's Administrative Order No. 03-02 that the terms of the copy of the stipulation and order submitted to the Court are identical to those set forth in the original stipulation and order; and the signatures represented by the /s/ line on this copy reference the signatures of consenting parties on the original stipulation and order.