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

Case 1 :06-cv-00713-JJF Document 2 Filed 1 1/28/2006 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re; ) Cliapter ll
ALTERRA HEALTHCARE CORPORATION Case No. 03-·l025¢l (l\/{FW)
Dgbtggq 5 Ref. Docket No. 2302
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APPELLANTS STATEMENT OF ISSUES ON APPEAL AND
DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD
[NOTICE OF APPEAL FILED OCTOBER 24, 2006)
Pursuant to Rule 8006 of the Federal Rules of Bankntptcy Procedure, Alterra
Healthcare Corporation (the “Reorganized Debtor" or “Appei1ant"), presents the following
statement ofthe issues on appeal with respect to the Notice of Appeal [Docket No. 2302] (the
"Notice of Appeal") from the Opinion [Docket No. 2293] (the "Opinion") and Amended Order
[Docket No. 2294] (the "Order") granting the motions of Philadelphia Newspapers, LLC
O ("Philadelphia Newspapers") to intervene in this proceeding (the “l\/lotion to Intervene") and for
Access to Judicial Records and Proceedings (the ‘°l\/lotion for Access," and together with the
Motion to Intervene, the "Motions") [see Docket Nos. 2250 and 225 l], in the Reorganized
Debtor’s above-captioned bankruptcy case.
ISSUES ON APPEAL
l. Whether the Bankruptcy Court erred in granting the Motion for Access `ey
rejecting the Reorganized Debtor’s contention that the docket entries previously seated pursuant
to the Seal Orders [Docket Nos. and 2070, 2116, and all exhibits to Docket No. 2l83]
(collectively, the “Sealed Records") constituted "contidentia1 commercial information” as that
term is defined in ll USC. § l0’7, despite the unrebutted testirnony that disclosure of the
information in the Sealed Records would reasonably be expected to commercialiy injure and
unfairly disadvantage the Reorganized Debtor.
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Case 1:06-cv-00713-JJF Document 2 Filed 11/28/2006 Page 2 of 3
2. Whether the Bankruptcy Court erred in granting the Motion to Intervene
by failing to properly consider Philadelphia Newspapers prejudicial delay in seeking
intervention in the Reorganized Debtor’s bankruptcy case as provided in Pansy v. Borough of
Stroudsburg, 23 l·?.3d 772, 780 (Bd Cir. l994).
DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD
Pursuant to Federal Rule of Bankruptcy Procedure 8006, tlie Reorganized Debtor
designates the following items to be included in the record on appeal with respect to the Notice
of Appeal:
DATE NUMBER DOCKET TEXT
3/24/2005 2039 Reorganized Debtor's Motion to Pile Under Seal the Application to
Approve Nine Settlements By and Among the Reorganiaed Debtor
and Various Clairnants
4/29/2005 2069 Order Authorizing the Reorganized Debtor's to Pile Under Seal the
Application to Approve Nine Settlements By and Arnong the
Reorganized Debtor and Various Clairnants
7/7/2005 2l08 Motion to Allow Applications to Approve Certain Personal lnjury
Tort Settlements By and Among the Reorganized Debtor and _
Personal Injury Tort Claimants to Be Filed Under Seal
7/27/2005 2115 Order Approving the Reorganized Debtor's Motion to File
Applications to Approve Certain Personal Injury Tort Settlements
By and Among the Reorganized Debtor and Personal lniury Tort
Clairnants Under Seal. »
12/27/2005 2184 Motion to Pile Under Seal Portions of Exhibit to Reserve Motion
2/ l/2006 2212 Order Approving the Reorganized Debtoids Motion to Pile Exhibit
to Reserve Motion Under Seal
6/30/2006 2251 Proposed lntervenor Philadelphia Newspapers, LLC‘s Motion for
Access to Judicial Records and Proceedings
7/26/2006 2259 Objection to Proposed lntervenor Philadelphia Newspapers, LLC‘s
Motion for Access to Judicial Records and Proceedings
8/ l 1/2006 2276 Transcript Of Hearing Before The Honorable Mary F. Walrath
A 8/2/2006 2268 Reply Brief ln Support of lntervenor Philadelphia Newspapers,
LLC’s Motion for Access to Judicial Records and Proceedings
8/ l7/2006 2278 Letter Brief Regarding Philadelphia Newspapers, LLC's Motion
for Access to Judicial Records and Proceedings
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Case 1:06-cv-00713-JJF Document 2 Filed 11/28/2006 Page 3 of 3
DATE NUMBER DOCKET TEXT
08/ i7/2006 2279 Letter Brief in Response to Issues Raised at the August 7, 2006
Hearing
10/ I6/2006 2293 Opinion Granting Philadelphia Newspapers LLC's Motions to
intervene and for Access to Judicial Records and Proceedings
10/ 16/2006 2295 Amended Order _
Bated: Wilmington, Delaware Yi! . * . GATT & * · R,
November 6, 2006 ,___ .' `
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J•‘_ in Ti Dorsey (No. 2988)
0.11 T. Greecher (No. 4484)
1000 West Street, 17th Floor
The Brandywine Building
Wilmington, Delaware 19899-039*;
(302) 571-6600
Counsel to the Reorganized Debtor
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