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Full title: 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 filed by Thomas W. Waldrep Jr. on behalf of Respondents. (Waldrep, Thomas) (Entered: 08/02/2021)

Document posted on Aug 1, 2021 in the bankruptcy, 6 pages and 0 tables.

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GOVERNING THE CONFIDENTIALITY OF RESPONSES NOW COME the clients represented by the Lipman Law Firm listed in Exhibit A attached hereto (the “Respondents”), by and through the undersigned counsel, and hereby submit this notice of objection (the “Objection”) to the Order Pursuant to Bankruptcy N.D. Tex. 2018) (a subpoena served under Rule 45 is required for nonparty in discovery proceedings under Bankruptcy Rule 2004);A “nonparty” includes persons other than the debtor, a creditor that has filed a proof of 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.The Respondents have not filed proofs of claim and have not otherwise received proper service in a contested matter or an adversary proceeding connected to or arising out of the above-captioned matter.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) right to 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trial so triable herein or in any case, controversy, or proceeding relating hereto, (iii) right to have the reference withdrawn by the District Court in any matter subject to mandatory or discretionary withdrawal, or (iv) rights, claims, actions, defenses, setoffs, or recoupments to which the Respondent is or may be entitled 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 clients represented by the Lipman Law Firm listed in Exhibit A attached hereto (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 Bankruptcy Procedure. 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 proof of 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 received proper 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 make this 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 Respondents to 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) right to 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 discretionary withdrawal, or (iv) rights, claims, actions, defenses, setoffs, or recoupments to which the Respondent is or may be entitled to under agreements, in law, in equity, or otherwise. Further, this Objection is not to be construed as the Respondents’ 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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Clai
371
mFliDrsN ta me
SHELDO
302
None None
115 GEORGE
1054
ARBAGY ThLei pmLaanFw i r
506 RAUL
578
AYALA ThLei pmLaanwF ir
1207 THOMAS
118
BEARD ThLei pmLaanwF ir
658 3M7AX8 BEINART ThLei pmLaanwF i r
658 DAVID
297
BELLOW ThLei pmLaanwF i r
658 WILLIA
301
MB ENOIT ThLei pmLaanwF i r
487 JOHN
595
BEREI ThLei pmLaanwF ir
1455 JOHN
864
BEREI ThLei pmLaanwF i r
660 ELEANO
445
RB ERTALA NT hLei pmLaanFw i r
617 ROBERT
826
BLANCHA RTDh Lei pmLaanFw i r
515 RAYMON
220
DB LUDAU ThLei pmLaanFw i r
None OSCAR
118
BORNSTE ITNh Lei pmLaanFw i r
None GEORGE
949
BOTTA ThLei pmLaanwF ir
None WILLIA
138
MB OWMER ThLei pmLaanwF ir
None ANGUS
929
BRABHAM ThLei pmLaanFw i r
None JEAN
991
BRESSAN ThLei pmLaanFw i r
None JEAN
515
BRESSAN ThLei pmLaanFw i r
None WILLIA
345
MB RINSON ThLei pmLaanwF ir
None CHARLE
827
SB ROOKS ThLei pmLaanwF ir
None GEORGE
956
BROWER ThLei pmLaanwF ir
425 HAROLD
733
BROWN ThLei pmLaanwF ir
1176 CHARLE
868
SB RUHN ThLei pmLaanwF ir
588 JOHN
799
BURKE ThLei pmLaanwF ir
364 THOMAS
084
BYRNE ThLei pmLaanFw i r
617 T
828
CARPENT ETRh Lei pmLaanFw i r
432 GEORGE
689
CHANDLE RT hLei pmLaanFw i r
1058 ROBERT
148
COGLISE RT hLei pmLaanwF ir
1151 ARNOLD
319
COHEN ThLei pmLaanFw i r
1537 JOHN
856
CONVERT ITNhOLe i pmLaanFw i r
None WILLIA
784
MC OPES ThLei pmLaanFw i r
None RICHAR
140
DC RAIG ThLei pmLaanFw i r
None GEORGE
243
CRAWFOR DT hLei pmLaanFw i r
None CHARLE
525
SC REPS ThLei pmLaanwF ir
None PAUL
902
D'ELISE OT hLei pmLaanwF ir
None LINDA
419
DAVIDSO NT hLei pmLaanFw i r
None ARTHUR
335
DIETZ ThLei pmLaanFw i r
None WILLIS
808
EPSTEIN ThLei pmLaanFw i r
None ROBERT
272
FERRIS ThLei pmLaanwF ir
None JOHN
860
FLANAGAN T hLei pmLaanwF ir
None RUSSEL
829
LF RASER ThLei pmLaanwF ir
None BERNAR
311
DG ADOMSK IT hLei pmLaanwF ir

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