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Full title: Statement of Issues on Appeal,, Appellant Designation of Additional Record. (RE: related document(s)1737 Statement of Issues on Appeal filed by Creditor Committee The Official Committee of Asbestos Claimants of Bestwall, LLC, Appellant/Appellee Designation) Filed by Kenneth Brian Dantinne on behalf of The Official Committee of Asbestos Claimants of Bestwall, LLC. (Dantinne, Kenneth) (Entered: 04/21/2021)

Document posted on Apr 20, 2021 in the bankruptcy, 8 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

The Official Committee of Asbestos Claimants (“Committee”) hereby provides, 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, its (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 appeals to the United States District Court for the Western District of North Carolina from the Order Pursuant to Bankruptcy Rule 2004 Directing 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. 1352 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.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) 1565 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.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION In re: BESTWALL LLC,1 Case No. 17-31795 (LTB) Debtor. OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS OF BESTWALL LLC, Appellant, v. Civ. A. No. 3:21-cv-00151-RJC BESTWALL LLC, Appellee. THE OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS’ STATEMENT OF ISSUES ON APPEAL AND DESIGNATION OF THE RECORD The Official Committee of Asbestos Claimants (“Committee”) hereby provides, 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, its (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 appeals 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 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.

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Claimants and Governing the Confidentiality of Responses [Bankr. Case No. 17-31795; Dkt. No. 1670] entered on March 23, 2021 (the “PIQ Order”) by the United States Bankruptcy Court for the Western District of North Carolina. I. Statement of Issues on Appeal from the Order The Committee previously provided its Statement of Issues on Appeal in the Memorandum of Law in Support of the Official Committee of Asbestos Claimants of Bestwall LLC’s Motion for Leave to Appeal the PIQ Order [Bankr. Case No. 17-31795; Dkt. No. 1708] (the “Memorandum”) under the heading “Questions Presented on Appeal.” For convenience, the Statement of Issues from the Memorandum is included herein: 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.

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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. 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 Appellants hereby designate the following items to be included in their joint record on appeal, together with all exhibits, attachments, and documents incorporated by reference therein:

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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. 1236 7/30/2020 Debtor’s Motion for Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants 5. 1246 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. 1326 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. 1329 9/4/2020 Buck Law Firm’s Clients’ Joinder to Objection Filed by the Official Committee of Asbestos Claimants 8. 1331 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. 1333 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. 1352 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. 1507 12/11/2020 Buck Law Firm’s Clients’ Supplemental Objection to Debtor’s Motion for an Order Pursuant to Rule 2004 Directing Submission

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Docket Docket No. Entry Date Docket Description of Personal Injury Questionnaires by Pending Mesothelioma Claimants 12. 1509 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. 1511 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. 1557 12/28/2020 Statement of Interest on Behalf of the United States of America Regarding Estimation of Asbestos Claims 15. 1565 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. 1581 1/20/2021 The Official Committee of Asbestos Claimants Response to United States Statement of Interest 17. 1613 1/29/2021 Supplement of the Future Claimants’ Representative Regarding Due Process Issues 18. 1614 1/29/2021 The Official Committee of Asbestos Claimants’ Post-Hearing Brief Regarding Estimated-Related Motions 19. 1615 1/29/2021 Debtor’s Supplemental Brief on Discovery and Limiting Motions 20. 1618 2/1/2021 Transcript for Hearing/Trial held on 1/22/2021 21. 1619 2/1/2021 Transcript for Hearing/Trial held on 1/22/2021 22. 1647 3/5/2021 Transcript for Hearing/Trial held on 3/4/2021

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Docket Docket No. Entry Date Docket Description 23. 1670 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. 1706 4/6/2021 Committee’s Notice of Appeal to District Court 25. 1707 4/6/2021 Committee’s Motion for Leave to Appeal the PIQ Order 26. 1708 4/6/2021 Committee’s Memorandum of Law in Support of Motion for Leave to Appeal the PIQ Order 27. 1709 4/6/2021 Affected Individuals’ Notice of Appeal to District Court 28. 1710 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. 1713 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 Committee submits that 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 1. 875 6/19/2019 Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims 2. 913 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. 936 8/16/2019 Future Claimants; Representative’s Objection to Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims

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Docket Docket No. Entry Date Docket Description 4. 937 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. 939 8/16/2019 Informational Brief of The Official Committee of Asbestos Claimants of Bestwall LLC 6. 944 8/19/2019 Appendix to Information Brief of The Official Committee of Asbestos Claimants of Bestwall LLC 7. 988 9/12/2019 Reply of Debtor in Support of Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims 8. 990 9/12/2019 Georgia-Pacific LLC’s Statement in Support of Motion of the Debtor for Estimation of Current and Future Mesothelioma Claims 9. 1013 9/25/2019 Transcript for Hearing/Trial held on 9/19/2019 10. 1022 10/25/2019 Transcript for Hearing/Trial held on 10/23/2019 11. 1042 11/21/2019 Transcript for Hearing/Trial held on 11/20/2019 12. 1419 10/5/2020 Transcript for Hearing/Trial Held on 9/23/2020 13. 1435 10/26/2020 Transcript for Hearing/Trial Held on 10/22/2020 14. 1577 1/19/2021 Order Authorizing Estimation of Current and Future Mesothelioma Claims

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Dated: April 20, 2021 Charlotte, North Carolina Respectfully submitted, HAMILTON STEPHENS STEELE + MARTIN, PLLC /s/ Kenneth B. Dantinne Glenn C. Thompson (Bar No. 37221) Kenneth B. Dantinne (Bar No. 47677) 525 North Tyron Street, Suite 1400 Charlotte, North Carolina 28202 Telephone: (704) 344-1117 Facsimile: (704) 344-1483 gthompson@lawhssm.com Judy D. Thompson (Bar No. 15617) Linda W. Simpson (Bar No. 12596) JD THOMPSON LAW Post Office Box 33127 Charlotte, North Carolina 28233 Telephone: (828) 489-6578 jdt@jdthompsonlaw.com lws@jdthompsonlaw.com Natalie D. Ramsey (DE Bar No. 5378) Davis Lee Wright (DE Bar No. 4324) ROBINSON & COLE LLP 1000 N. West Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 295-4800 nramsey@rc.com dwright@rc.com Counsel to the Official Committee of Asbestos Creditors

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