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Full title: Notice of Objection to Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses filed by Thomas W. Waldrep Jr. on behalf of Thomas W. Waldrep. (Waldrep, Thomas) (Entered: 08/02/2021)

Document posted on Aug 1, 2021 in the bankruptcy, 5 pages and 0 tables.

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GOVERNING THE CONFIDENTIALITY OF RESPONSES NOW COME the individuals represented by Bailey Cowan Heckaman PLLC listed in Exhibit A, attached hereto, (collectively, the “Respondents”), by and through the undersigned counsel, and hereby submit this notice of objection (the “Objection”) to the Order Pursuant to Bankruptcy Rule 2004 N.D. Tex. 2018) (a subpoena served under Rule 45 is required for nonparty in discovery proceedings under Bankruptcy Rule 2004);The Respondents have not filed proofs of claim and have not otherwise receivedproper service in a contested matter or an adversary proceeding connected to or arising out of the above-captioned matter.Because Respondents are aware of the PIQ Order, however, the Respondents makethis limited appearance to object to the PIQ Order on the basis that the Respondents have not received any subpoena, either personally or via counsel, have not waived the need for a subpoena, and have not otherwise submitted to the jurisdiction of this Court. The Respondents do not intend for this Objection, or any subsequent appearance, pleading, claim or suit, to waive, and expressly reserve, the Respondent’s (i)right to have final orders in noncore matters entered only after de novo review or trial by a District Court, (ii) rightto trial by jury in any proceeding or trial so triable herein or in any case, controversy, or proceeding relating hereto,(iii) right to have the reference withdrawn by the District Court in any matter subject to mandatory or discretionarywithdrawal, or (iv) rights, claims, actions, defenses, setoffs, or recoupments to which the Respondent is or may beentitled to under agreements, in law, in equity, or otherwise.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION In re: Chapter 11 BESTWALL LLC, Case No. 17-31795 (LTB) Debtor. ___________________________________ NOTICE OF OBJECTION OF RESPONDENTS TO ORDER PURSUANT TO BANKRUPTCY RULE 2004 DIRECTING SUBMISSION OF PERSONAL INJURY QUESTIONNAIRES BY PENDING MESOTHELIOMA CLAIMANTS AND GOVERNING THE CONFIDENTIALITY OF RESPONSES NOW COME the individuals represented by Bailey Cowan Heckaman PLLC listed in Exhibit A, attached hereto, (collectively, the “Respondents”), by and through the undersigned counsel, and hereby submit this notice of objection (the “Objection”) to the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses (the “PIQ Order”) [ECF No. 1670]. In support of this Objection, the Respondents state as follows: 1. The PIQ Order was issued pursuant Rule 2004 of the Federal Rules of BankruptcyProcedure. Personal jurisdiction over a nonparty in Rule 2004 discovery proceedings is properly established by serving a subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure. See, e.g., In re Correra, 589 B.R. 76, 109 (Bankr. N.D. Tex. 2018) (a subpoena served under Rule 45 is required for nonparty in discovery proceedings under Bankruptcy Rule 2004); In re Marathe, 459 B.R. 850, 859–60 (Bankr. M.D. Fla. 2011) (a subpoena is required under Rule 45 to obtain personal jurisdiction over a nonparty for the production of documents); In re Jee, 104 B.R. 289, 293 (Bankr. C.D. Cal. 1989) (“Personal jurisdiction over a non-party served with a subpoena duces tecum is obtained by a court pursuant to Rule 45(c)[.]”).

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2. A “nonparty” includes persons other than the debtor, a creditor that has filed a proofof claim, or a person that has received proper service in a contested matter or an adversary proceeding, that may have information that relate to a debtor’s assets or liabilities. See, e.g., In re Teknek, 512 F.3d 342, 344-46 (7th Cir. 2007); In re Correra, 589 B.R. 76, 110-11 (Bankr. N.D. Tex. 2018); In re Marathe, 459 B.R. 850, 859-60 (Bankr. M.D. Fla. 2011). 3. The Respondents have not filed proofs of claim and have not otherwise receivedproper service in a contested matter or an adversary proceeding connected to or arising out of the above-captioned matter. The Respondents are, therefore, not parties to this matter. 4. Because Respondents are aware of the PIQ Order, however, the Respondents makethis limited appearance to object to the PIQ Order on the basis that the Respondents have not received any subpoena, either personally or via counsel, have not waived the need for a subpoena, and have not otherwise submitted to the jurisdiction of this Court. Therefore, this Court lacks jurisdictional authority over the Respondents. 5. This Objection is not, and shall not be construed to be, a consent by the Respondentsto the jurisdiction of this Court.1 1 This Objection is not, and shall not be construed to be, a waiver of any other bases not stated herein for asserting that the Respondents have not submitted to the personal jurisdiction of this Court. The Respondents do not intend for this Objection, or any subsequent appearance, pleading, claim or suit, to waive, and expressly reserve, the Respondent’s (i)right to have final orders in noncore matters entered only after de novo review or trial by a District Court, (ii) rightto trial by jury in any proceeding or trial so triable herein or in any case, controversy, or proceeding relating hereto,(iii) right to have the reference withdrawn by the District Court in any matter subject to mandatory or discretionarywithdrawal, or (iv) rights, claims, actions, defenses, setoffs, or recoupments to which the Respondent is or may beentitled to under agreements, in law, in equity, or otherwise. Further, this Objection is not to be construed as theRespondents’ consent pursuant to 28 U.S.C. § 157(c)(2).

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Respectfully submitted, this the 2nd day of August 2021. WALDREP WALL BABCOCK & BAILEY PLLC /s/ Thomas W. Waldrep, Jr. Thomas W. Waldrep, Jr. (NC Bar No. 11135) James C. Lanik (NC Bar No. 30454) Jennifer B. Lyday (NC Bar No. 39871) 370 Knollwood St. Ste. 600 Winston-Salem, NC 27103 Telephone: 336-717-1280 Telefax: 336-717-1340 Email: notice@waldrepwall.com CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing NOTICE OF OBJECTION OF RESPONDENTS TO ORDER PURSUANT TO BANKRUPTCY RULE 2004 DIRECTING SUBMISSION OF PERSONAL INJURY QUESTIONNAIRES BY PENDING MESOTHELIOMA CLAIMANTS AND GOVERNING THE CONFIDENTIALITY OF RESPONSES was filed in accordance with the local rules and served upon all parties registered for electronic service and entitled to receive notice thereof through the CM/ECF system. This, the 2nd day of August, 2021. WALDREP WALL BABCOCK & BAILEY PLLC /s/ Thomas W. Waldrep, Jr. Thomas W. Waldrep, Jr. (NC Bar No. 11135) James C. Lanik (NC Bar No. 30454) Jennifer B. Lyday (NC Bar No. 39871) 370 Knollwood St. Ste. 600 Winston-Salem, NC 27103 Telephone: 336-717-1280 Telefax: 336-717-1340 Email: notice@waldrepwall.com

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EXHIBIT A 18254476 Anderson, Charles 16924638 Asher, Loreen 12850583 Battles, Loretta L 18828665 Bentley, Sherbert 11471524 Burford, Georganne 13947186 Butler, Elizabeth Ann 15894638 Davis, Don 18716420 Delacruz, Raymond 13755451 Delffs, Franklin Delano 13660932 Dunn, Alida 18641016 Easterday, Forrest David 13631933 Ebright, Kathy Irene 12551788 George, Dahlia 12683909 Gurr, Reed 13293155 Haden, Will 13814824 Hernandez, Ana Olivos 12362185 Holman, Audrey Ann 11312000 Holzworth, Robert 10941131 Jones, John Henry 13780101 Kaplan, David 11597409 Kappers, Cornelius 12624715 Kavolchyck, Michael F 13212311 Kellerman, Lawrence 17788664 Lopez, Arturo 17093479 Loveless, Donnie 17863420 Mazzoli, Anthony 15687356 Miller, Scott 11602306 Murat, Joseph 13019420 Outlaw, Virginia 10944652 Pyatt, Billie Ray 11909266 Queen, Roy Weldon 13383893 Robertson, Mary 12600354 Rodriguez, Louis 18514138 Shepard, Joe M 11848864 Siefert, Glen 17772909 Skinner, Robert B 13230884 Smith, Marcia Lynn 19505571 Steeves, Edward 17959257 Stevens, Lourdes 16139640 Tarabochia, Frank Dominic

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14683309 Tilley, Edward 17197600 Van Deusen, Robert 17472577 Walters, Harold G 15915561 Warner, Charles 14208727 White, Samuel 12447725 Wilder, Rosalyn 11565788 Young, Henry F

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