HTML Document View

Full title: Statement of Issues on Appeal,, Appellant Designation of Additional Record. (RE: related document(s)1709 Notice of Appeal filed by Attorney Heather W. Culp) Filed by Heather W. Culp on behalf of Heather W. Culp. (Culp, Heather) (Entered: 04/20/2021)

Document posted on Apr 19, 2021 in the bankruptcy, 8 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Affected Individuals represented by certain law firms (“Affected Individuals”) hereby provide, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure and Rule 8006-1 of the Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of North Carolina, this (i) statement of issues to be presented on appeal and (ii) designation of the items to be included in the record on appeal, in connection with their appeal to the United States District Court for the Western District of North Carolina from the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses [Bankr.MRHFM, LLC (Maune, Raichle, Hartley, French & Mudd, LLC); Kazan, McClain, Satterley & Greenwood, A Professional Law Corporation; Bevan and Associates, LPA, Inc.; Nemeroff Law Firm, PC; Dean Omar Branham Shirley LLP; The Gori Law Firm; The Lanier Law Firm; Cohen Placitella & Roth, P.C.; Thornton Law Firm, LLP; Brayton Purcell, LLP; Nass Cancelliere; Flint Law Firm; Shepard Law, P.C.; Shrader & Associates, LLP; Waters & Kraus, LLP; SMWM Law, LLC; Rebecca S. Vinocur, P.A. 8. 1 333 9/4/2020 Joinder to Objection filed by the Official Committee of Asbestos Claimants to Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 10.Supplemental Brief and Objection of the Official Committee of Asbestos Claimants to (I) Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and (II) Debtor’s Omnibus Supplemental Reply in Support of (I) Debtor’s Motion for Bankruptcy Rule 2004 Examination of Asbestos Trusts and (II) Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 16.

List of Tables

Document Contents

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION In re: BESTWALL LLC,1 Case No. 17-31795 (LTB) Debtor. AFFECTED INDIVIDUALS, Appellants, v. Civ. A. No. 3:21-cv-00152-RJC BESTWALL LLC, Appellee. APPELLANTS/AFFECTED INDIVIDUALS’ STATEMENT OF ISSUES ON APPEAL AND DESIGNATION OF THE RECORD Affected Individuals represented by certain law firms (“Affected Individuals”) hereby provide, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure and Rule 8006-1 of the Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of North Carolina, this (i) statement of issues to be presented on appeal and (ii) designation of the items to be included in the record on appeal, in connection with their appeal to the United States District Court for the Western District of North Carolina from the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses [Bankr. Case No. 17-31795; Dkt. No. 1 The last four digits of the Debtor’s taxpayer identification number are 5815. The Debtor’s address is 133 Peachtree Street, N.W., Atlanta, GA 30303.

1

1670] entered on March 23, 2021 (the “PIQ Order”) by the United States Bankruptcy Court for the Western District of North Carolina.2 I. Statement of Issues on Appeal 1. Whether the Bankruptcy Court erred in issuing the Personal Injury Questionnaire pursuant to Bankruptcy Rule 2004. 2. Whether the Bankruptcy Court erred in concluding that Bankruptcy Rule 2004 and Federal Rule 45 (incorporated through Bankruptcy Rule 9016) authorizes written discovery. 3. Whether the Bankruptcy Court erred in concluding that discovery conducted in connection with the estimation hearing, which is a contested matter, may be conducted pursuant to Bankruptcy Rule 2004. 4. Whether the Bankruptcy Court erred in concluding that discovery conducted against parties in pending litigation regarding the subject of the pending litigation may be conducted pursuant to Bankruptcy Rule 2004. 5. Whether the Bankruptcy Court erred in concluding that discovery conducted under Bankruptcy Rule 2004 does not require personal service by subpoena. 6. Whether the Bankruptcy Court erred in concluding that discovery could be served on counsel for unidentified persons. 7. Whether the Bankruptcy Court erred in concluding that the Debtor could require production of information from another that was in its possession or equally available to it. 2 The Affected Individuals are represented by the following law firms, listed in the Notice of Appeal filed April 6, 2021: MRHFM, LLC (Maune, Raichle, Hartley, French & Mudd, LLC); Kazan, McClain, Satterley & Greenwood, A Professional Law Corporation; Bevan and Associates, LPA, Inc.; Nemeroff Law Firm, PC; Dean Omar Branham Shirley LLP; The Gori Law Firm; The Lanier Law Firm; Cohen Placitella & Roth, P.C.; Thornton Law Firm, LLP; Brayton Purcell, LLP; Nass Cancelliere; Flint Law Firm; Shepard Law, P.C.; Shrader & Associates, LLP; Waters & Kraus, LLP; SMWM Law, LLC; Rebecca S. Vinocur, P.A.

2

8. Whether the Bankruptcy Court erred in permitting discovery without a demonstration that the Debtor did not already possess the information. 9. Whether the Bankruptcy Court erred in concluding that the service provisions of the PIQ Order are proper. 10. Whether the Bankruptcy Court erred in concluding that the Personal Injury Questionnaire was not unduly burdensome. 11. Whether the Bankruptcy Court erred in requiring claimants to provide the aggregate amounts of confidential settlements received from other responsible parties. 12. Whether the Bankruptcy Court erred in concluding that the Debtor had satisfied its burden of demonstrating good cause for the discovery. 13. Whether the Bankruptcy Court erred in finding the Personal Injury Questionnaire was relevant discovery in a full pay case in connection with the estimation ordered by the Court. 14. Whether the Bankruptcy Court erred in implicitly concluding that the Personal Injury Questionnaire issued in connection with the Debtor’s theory of estimation does not implicate the constitutional due process rights of asbestos victims to have their claims individually estimated or tried in the District Court. 15. Whether the Bankruptcy Court erred in concluding that the service procedures previously entered upon agreement of the parties provide authority for the service of discovery on pending claimants. II. Designation of the Record on Appeal The Affected Individuals designate the following items to be included in the record on appeal, together with all exhibits, attachments, and documents incorporated by reference therein:

3

Docket Docket No. Entry Date Docket Description 1. 1 11/2/2017 Voluntary Petition Under Chapter 11 2. 2 11/2/2017 Declaration of Tyler L. Woolson in Support of First Day Pleadings 3. 12 11/2/2017 Informational Brief of Bestwall LLC 4. 1 236 7/30/2020 Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 5. 1 246 7/31/2020 Debtor’s Notice of Technical Issues with Certain Exhibits to Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 6. 1 326 9/4/2020 Objection of the Official Committee of Asbestos Claimants to Debtor’s Motion for Order Pursuant to Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 7. 1 329 9/4/2020 Buck Law Firm’s Clients’ Joinder to Objection Filed by the Official Committee of Asbestos Claimants 8. 1 331 9/4/2020 Objection of the Future Claimants’ Representative to Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 9. 1 333 9/4/2020 Joinder to Objection filed by the Official Committee of Asbestos Claimants to Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 10. 1 352 9/14/2020 Reply in Support of Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 11. 1 507 12/11/2020 Buck Law Firm’s Clients’ Supplemental Objection to Debtor’s Motion for an Order Pursuant to Rule 2004 Directing Submission

4

Docket Docket No. Entry Date Docket Description of Personal Injury Questionnaires by Pending Mesothelioma Claimants 12. 1 509 12/11/2020 Supplement to the Objection of the Future Claimants’ Representative to Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 13. 1 511 12/11/2020 Supplemental Brief and Objection of the Official Committee of Asbestos Claimants to (I) Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and (II) Debtor’s Motion for Bankruptcy Rule 2004 Examination of Asbestos Trusts 14. 1 557 12/28/2020 Statement of Interest on Behalf of the United States of America Regarding Estimation of Asbestos Claims 15. 1 565 1/8/2021 Debtor’s Omnibus Supplemental Reply in Support of (I) Debtor’s Motion for Bankruptcy Rule 2004 Examination of Asbestos Trusts and (II) Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 16. 1 581 1/20/2021 The Official Committee of Asbestos Claimants Response to United States Statement of Interest 17. 1 613 1/29/2021 Supplement of the Future Claimants’ Representative Regarding Due Process Issues 18. 1 614 1/29/2021 The Official Committee of Asbestos Claimants’ Post-Hearing Brief Regarding Estimated-Related Motions 19. 1 615 1/29/2021 Debtor’s Supplemental Brief on Discovery and Limiting Motions 20. 1 618 2/1/2021 Transcript for Hearing/Trial held on 1/22/2021 21. 1 619 2/1/2021 Transcript for Hearing/Trial held on 1/22/2021 22. 1 647 3/5/2021 Transcript for Hearing/Trial held on 3/4/2021

5

Docket Docket No. Entry Date Docket Description 23. 1 670 3/23/2021 Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses 24. 1 706 4/6/2021 Committee’s Notice of Appeal to District Court 25. 1 707 4/6/2021 Committee’s Motion for Leave to Appeal the PIQ Order 26. 1 708 4/6/2021 Committee’s Memorandum of Law in Support of Motion for Leave to Appeal the PIQ Order 27. 1 709 4/6/2021 Affected Individuals’ Notice of Appeal to District Court 28. 1 710 4/6/2021 Affected Individuals’ Joinder to Motion of the Official Committee of Asbestos Claimants of Bestwall LLC For Leave to Appeal the PIQ Order 29. 1 713 4/6/21 Affected Individuals’ Joinder to Motion of the Official Committee of Asbestos Claimants of Bestwall LLC for Stay Pending Appeal III. Other Relevant Documents The following documents are relevant to this Appeal and will provide the District Court with a better understanding of the issues on appeal: Docket Docket No. Entry Date Docket Description 8 75 6/19/2019 Motion of the Debtor for Estimation of Current and Future 1. Mesothelioma Claims 2. 9 13 8/5/2019 Agreed Order Establishing Briefing and Hearings Schedule with Respect to Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims and Related Motions 3. 9 36 8/16/2019 Future Claimants; Representative’s Objection to Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims

6

Docket Docket No. Entry Date Docket Description 4. 9 37 8/16/2019 Objection of The Official Committee of Asbestos Claimants to Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims 5. 9 39 8/16/2019 Informational Brief of The Official Committee of Asbestos Claimants of Bestwall LLC 6. 9 44 8/19/2019 Appendix to Information Brief of The Official Committee of Asbestos Claimants of Bestwall LLC 7. 9 88 9/12/2019 Reply of Debtor in Support of Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims 8. 9 90 9/12/2019 Georgia-Pacific LLC’s Statement in Support of Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims 9. 1 013 9/25/2019 Transcript for Hearing/Trial held on 9/19/2019 10. 1 022 10/25/2019 Transcript for Hearing/Trial held on 10/23/2019 11. 1 042 11/21/2019 Transcript for Hearing/Trial held on 11/20/2019 12. 14 19 10/5/2020 Transcript for Hearing/Trial Held on 9/23/2020 13. 1 435 10/26/2020 Transcript for Hearing/Trial Held on 10/22/2020 14. 1 577 1/19/2021 Order Authorizing Estimation of Current and Future Mesothelioma Claims Dated: April 20, 2021 ESSEX RICHARDS, P.A. /s/Heather W. Culp Heather W. Culp, NC Bar No. 30386 John C. Woodman, NC Bar No. 42365 Local Counsel for Appellants - Affected Individuals 1701 South Boulevard Charlotte, North Carolina 28203 Telephone: (704) 377-4300 Facsimile: (704) 372-1357 hculp@essexrichards.com jwoodman@essexrichards.com

7

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing APPELLANTS/AFFECTED INDIVIDUALS’ STATEMENT OF ISSUES ON APPEAL AND DESIGNATION OF THE RECORD was served electronically on April 20, 2021 on those parties receiving notice in this case through CM/ECF. ESSEX RICHARDS, P.A. /s/Heather W. Culp Heather W. Culp, NC Bar No. 30386 John C. Woodman, NC Bar No. 42365 Local Counsel for Appellants - Affected Individuals 1701 South Boulevard Charlotte, North Carolina 28203 Telephone: (704) 377-4300 Facsimile: (704) 372-1357 hculp@essexrichards.com jwoodman@essexrichards.com

8