HTML Document View

Full title: Document re: Letter to the Honorable Judge Kaplan dated December 31, 2021 (related document:[766] Motion to Dismiss Case filed by Creditor Arnold & Itkin LLP) filed by Colin R. Robinson on behalf of Arnold & Itkin LLP. (Robinson, Colin)

Document posted on Dec 30, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

United States Bankruptcy Court, NEW YORK District of New Jersey NEW YORK 10017-2024 The Debtor, the TCC, A&I, and certain other interested FACSIMILE: 302.652.4400 parties have met and conferred on the terms of a proposed Case Management Order and separate stipulation concerning experts and TEXAS expert discovery to govern the Motions to Dismiss.While the 440 LOUISIANA STREET SUITE 900 parties have made considerable progress on these matters, one issue HOUSTON currently remains (A&I understands that the TCC has other concerns TEXAS 77002-1062 that it may seek to address), and that concerns A&I’s right to file a TELEPHONE: 713.691.9385 reply brief in further support of A&I’s MTD.(“Local Rule 9013”), A&I has the right to file a reply brief with respect to A&I’s MTD at least four days prior to the Hearing (a “Reply”).A&I therefore respectfully asks the Court to confirm that, pursuant to Local Rule 9013, A&I shall be permitted to file a Reply on or before February 10, 2022.

List of Tables

Document Contents

John A. Morris December 31, 2021 212.561.7700 jmorris@pszjlaw.com N E W Y O R K, N Y L O S A N G E L E S, C A S A N F R A N C I S C O, C A W I L M I N G T O N, D E H O U S T O N, T X The Honorable Michael B. Kaplan 780 THIRD AVENUE 34th FLOOR United States Bankruptcy Court, NEW YORK District of New Jersey NEW YORK 10017-2024 Clarkson S. Fisher US Courthouse TELEPHONE: 212.561.7700 402 East State Street, Courtroom #8 FACSIMILE: 212.561.7777 Trenton, New Jersey 08608 LOS ANGELES Re: LTL Management, LLC, Case No. 30589 (MBK) 10100 SANTA MONICA BLVD. 13th FLOOR LOS ANGELES Dear Judge Kaplan: CALIFORNIA 90067-4003 TELEPHONE: 310.277.6910 We represent Arnold & Itkin (“A&I”), a law firm FACSIMILE: 310.201.0760 representing over 7,000 talc personal injury claimants, and write to respectfully request that the Court address one additional issue SAN FRANCISCO during the conference scheduled for Monday, January 3, 2022 at ONE MARKET PLAZA, SPEAR TOWER 40th FLOOR, SUITE 4000 4:00 p.m. (the “Conference”). SAN FRANCISCO CALIFORNIA 94105-1020 As the Court is aware, on December 1, 2021, the Official TELEPHONE: 415.263.7000 Committee of Talc Claimants (the “TCC”) moved to dismiss the FACSIMILE: 415.263.7010 Debtor’s chapter 11 case. [Docket No. 632] (the “TCC’s MTD”). Shortly thereafter, A&I filed its own, independent motion to DELAWARE dismiss. [Docket No. 766] (“A&I’s MTD” and together with the 919 NORTH MARKET STREET TCC’s MTDs, the “Motions to Dismiss”). An evidentiary hearing 17th FLOOR P.O. BOX 8705 on the Motions to Dismiss is scheduled to begin on February 15, WILMINGTON 2022 (the “Hearing”). DELAWARE 19899-8705 TELEPHONE: 302.652.4100 The Debtor, the TCC, A&I, and certain other interested FACSIMILE: 302.652.4400 parties have met and conferred on the terms of a proposed Case Management Order and separate stipulation concerning experts and TEXAS expert discovery to govern the Motions to Dismiss. While the 440 LOUISIANA STREET SUITE 900 parties have made considerable progress on these matters, one issue HOUSTON currently remains (A&I understands that the TCC has other concerns TEXAS 77002-1062 that it may seek to address), and that concerns A&I’s right to file a TELEPHONE: 713.691.9385 reply brief in further support of A&I’s MTD. FACSIMILE: 713.691.9407

1

The Honorable Michael B. Kaplan December 31, 2021 Page 2 Pursuant to Local Bankruptcy Rule 9013.2(a)(3) (“Local Rule 9013”), A&I has the right to file a reply brief with respect to A&I’s MTD at least four days prior to the Hearing (a “Reply”). In accordance with that right, and in the spirit of compromise, A&I sought the Debtor’s consent to file its Reply on January 15, 2022, weeks before it would otherwise be due. Regrettably, the Debtor insists that A&I should be precluded from filing a Reply based on an earlier agreement that the Debtor reached with the TCC. A&I was not involved in any discussions concerning this purported agreement; is not a party to this purported agreement; and never would have consented to waive its right to file a Reply. As the movant, A&I should have the right to respond in accordance with the Local Rule. A&I therefore respectfully asks the Court to confirm that, pursuant to Local Rule 9013, A&I shall be permitted to file a Reply on or before February 10, 2022. We look forward to addressing this issue during the Conference and answering any questions the Court may have. Very truly yours, /s/ John A. Morris John A. Morris JAM cc: Laura Davis Jones Mark Rasmussen Brian Glasser Jeffrey Jonas (all by email)

2