Opinion
Case No. 06-1-3250-NVA.
January 28, 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 STAYING CONFIRMATION-RELATED DEADLINES FOR 60 DAYS
WHEREAS, 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") have agreed that a mediation of the disputes relating to insurance coverage for asbestos liabilities and related claims in this bankruptcy case should occur; 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 sixty (60) days from January 14, 2008, 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 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 for a period of sixty (60) days from 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 January 24, 2008 hearing before District Judge Davis in No. 1:07-cv-01622-AMD; (b) the March 19, 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 "Lloyd E. Mitchell Confirmation Schedule" appended to the Order, to the extent they agree that such an extension is in their respective best interests.