Free Designated Record on Appeal - District Court of Delaware - Delaware

Case 1 :06-cv-00713-JJF Document 3 Filed 1 1/28/2006 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
ALTERRA HEALTHCARE CORPORATION g Case No. 03-10254 (MFW)
Debtor. i Dkt. Ref Nos. 2302 and 2308
APPELLEE’S COUNTER-STATEMENT OF ISSUES ON APPEAL AND
COUNTER-DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD
(NOTICE OF APPEAL FH.ED OCTOBER 25, 2006)
Pursuant to Rule 8006 ofthe Federal Rules of Bankruptcy Procedure, Philadelphia
Newspapers, LLC ("PNI"), presents the following counter—statement of issues on appeal with
respect to the Notice of Appeal (Dkt. 2302) and Appellant’s Statement of Issues on Appeal and
Designation of Items to be Included in the Record (Dkt. 2308)
COUNTER-STATEMENT OF ISSUES ON APPEAL
1. Whether the Bankruptcy Court properly granted PNI’s Motion to
Intervene, given that the Third Circuit’s decision in Pansy v. Borough of Stroudsburg, 23 F .3d
772 (3d Cir. 1994), clearly states that the press and public have the right to intervene to assert a
right of access to judicial records and proceedings.
2. Whether the Bankruptcy Court properly granted PNI’s Motion to unseal
certain settlement agreements and related materials (the "Sealed Records"), because the Sealed
Records do not constitute "confidential commercial information" under 11 USC. § 107.
3. Whether the Bankruptcy Cou1t’s Order unsealing the Sealed Records
should be affirmed on the alternative grounds that the Sealed Records are subject to a common
law right of access, and whether the Debtor failed to show sufficient cause for sealing the records
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Case 1 :06-cv-00713-JJF Document 3 Filed 1 1/28/2006 Page 2 of 3
under the standards articulated by the Third Circuit in Bank of America National Trust &
Savings Assoc. v. Hotel Rittenhouse Assoc., 800 F .2d 339 (3d Cir. 1986).
4. Whether the Bankruptcy Court’s Order unsealing the Sealed Records can
be affirmed on the alternative grounds that the Sealed Records are subject to a First Amendment
right of access, and whether the Debtor failed to show that sealing the Sealed Documents served
a compelling interest, and that sealing the Sealed Documents was necessary to achieve that
interest.
COUNTER—DESIGNATION OF ITEMS TO BE INCLUDED
IN THE RECORD
Pursuant to Federal Rule of Bankruptcy Procedure 8006, PNI designates the
following items, in addition to those identified by the Reorganized Debtor, to be included on the
record on appeal with respect to the Notice of Appeal:
DATE l NUMBER i DOCKET TEXT
4/29/05 2070 Application to Approve Nine Settlements By and Among the
j Reorganized Debtor and Various Claimants Pursuant to Section
105 a ofthe Bankru tc Code and Bankruptcy Rule 9019
7/27/05 2116 Application to Approve Settlement By and Among the
Q Reorganized Debtor and A Personal Injury Tort Claimant Pursuant
1 to Section 105(a) of the Bankruptcy Code and Bankruptcy Rule
( 90 1 9
12/27/05 2183 j Motion for Order the Authorizing Reorganized Debtor to (I)
1 Establish a Reserve for Certain Unresolved Claims for Distribution
l 1 Purposes and (II) Make a First Distribution to Holders of Allowed
i Unsecured Claims Based Upon Reserve Amounts (and all related
l Exhibits).
Q 6/30/2006 2250 Motion of Philadelphia Newspapers, LLC to Intervene for the
l Limited Purpose of Seeking Access to Judicial Records and
Proceedin s
8/2/2006 2267 Reply Brief in Support of Philadelphia Newspapers, LLC’s Motion
to Intervene for the Limited Purpose of Seeking Access to Judicial
Records and Proceedin s
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Case 1:06-cv-00713-JJF Document 3 Filed 11/28/2006 Page 3 of 3
8/14/2006 ‘ 2276 rmm t 6rH6tu6ug Held 6u August 7, 2006 _"`i;
11/14/2006 2312 Order Denying Emergency Motion ofthe Reorganized Debtor for
Stay Pending A eal ___ WJ
Dated; November 16, 2006 MORRIS, JAMES, I-IITCHENS
& WILLIAMS LLP

Carl N. Kunz, III (#3201) I
222 Delaware Avenue, 10th Floor
P.O, Box 2306
Wilmington, DE 19899
Telephone: (302) 888-6800
Facsimile; (302) 571-1750
E-mail; [email protected]
and
Michael E. Baughman
Dechert LLP
Cira Centre
2929 Arch St,
Philadelphia, PA 19104
Telephonei (215) 994-4000
Facsimile: (215) 994-2222
Attorneys for Philadelphia Newspapers LLC
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